There has always been a focus on safety in all medical treatments. The use of Anesthesia in medical care has always been used by medical providers. Typically, in surgical cases, an anesthesiologist or nurse anesthetist would be placed in charge of the anesthesia. The surgeon performing the operation will have plenty of medical tasks to perform with the ultimate goal of the surgery being successful (anesthesia is used for many types of procedures). The anesthesiologist (a physician that practices medicine in the administration of anesthesia) or nurse anesthetist (CRNA that works independently to administer the anesthesia) is present to administer the anesthesia. Medical errors that involve anesthesia could potentially result in devastating injuries. If you suspect that someone you love suffered harm due to the actions or inactions of a negligent anesthesiologist or nurse anesthetist, you may have grounds for pursuing a medical malpractice lawsuit, and you should seek the advice of an attorney. At Foran & Foran, P.A., our dedicated team of Prince George’s County medical malpractice attorneys is committed to assisting families in navigating the complexities of anesthesia malpractice claims, and if you engage our services, we will help you seek the justice and compensation you deserve.
Grounds for Pursuing Anesthesia Malpractice ClaimsAll Healthcare providers under Maryland law are held to specific standards of care when providing medical services to their patients.
Generally, in surgical cases, an anesthesiologist or nurse anesthetist would administer the anesthesia. The surgeon performing the operation will have plenty of medical tasks to perform with the ultimate goal of the surgery being successful (anesthesia is used for many types of procedures). The anesthesiologist (a physician that practices medicine in the administration of anesthesia) or nurse anesthetist (CRNA that works independently to administer the anesthesia) is present to administer the anesthesia will have the duty to protect the patient under anesthesia.
Therefore, when evaluating a potential medical malpractice claim for claims of anesthesia malpractice, all the medical records are reviewed to determine if there is any negligence (a breach of the standard of care) on behalf of a medical provider. Patients undergoing surgery are uniquely at risk when under anesthesia. Anesthesia is a powerful tool used in medicine to treat pain and in surgical uses. Many issues can arise during anesthesia from fires in the operating room to medical mistakes any of which could lead to injury or death.
Research has shown that surgical patients could be at risk of a surgical fire in a surgical setting. These increased risks that coincide with the use of anesthesia can sometimes involve procedures to the head, neck and chest. The use of anesthesia can be used simultaneously when the patient requires oxygen supplementation. Operating room fires are preventable with the proper precautionary measures taken. If the medical personnel uses best practices at all times, the chances of an operating room fire diminish. There are many tools online to assist the medical providers to avoid these types of preventable accidents.
Other anesthesia errors could include an anesthesiologist or nurse anesthetist administering too much or too little anesthesia which could affect the patient’s safety. Medical providers can also use the wrong type of anesthesia which can lead to complications.
When patients are not properly educated, mistakes or mental issues can occur if the pre surgical or post surgical orders are not followed. Continuous monitoring during anesthesia is crucial to monitor the patient’s vital signs. The medical provider should always make certain to review the patient’s medical history. Failure to review and consider prior medical history could lead to avoidable errors. Lastly, faulty medical equipment may lead to a decline in medical care. All potential causes of action should be reviewed to determine if there is a viable claim.
Establishing Liability in Anesthesia Malpractice CasesAnesthesiologists and Nurse Anesthetist can be held accountable for malpractice if they deviate from the standards imposed on them and subsequently cause harm. In Maryland, similar to other malpractice cases, the plaintiff must first establish the standard of care expected of the Anesthesiologist and/or nurse anesthetist. This standard is typically demonstrated through statutory laws and expert testimony, explaining the accepted practices and protocols in Anesthesia. Subsequently, the plaintiff must demonstrate that the Anesthesiologist and/or Nurse Anesthetist breached this standard. For instance, if the Anesthesiologist or Nurse Anethesist failed to recognize signs of distress, it could be considered a breach of the standard of care.
Once a breach of the standard of care is established, the plaintiff must prove that this breach directly caused the alleged harm. This often necessitates additional expert testimony to establish a causal link between the Anesthesiologists and/ or Nurse Anesthetist’s actions or inactions and the resulting injury to the patient. In many instances, the defendant midwife may dispute this connection, arguing that there is no clear correlation between the alleged breach and the harm suffered by the patient.
The determination of fault in malpractice cases often hinges on the presentation of evidence and testimony from both parties' experts, as juries will assess the credibility and persuasiveness of the evidence presented, and ultimately decide which party's expert testimony is more compelling.
Recoverable Damages in Anesthesia Malpractice CasesVictims of Anesthesiologist malpractice and/or Nurse Anesthetist malpractice may be entitled to various forms of compensation and damages for the injuries and losses they have endured. These damages can generally be categorized as economic and non-economic. Economic damages typically include medical expenses, such as hospital bills, physician fees, and the cost of ongoing treatment and rehabilitation. They may also encompass lost wages or earning capacity if the patient is unable to work due to their injuries. Non-economic damages, on the other hand, are more subjective in nature and may include pain and suffering, inconvenience, emotional distress, loss of enjoyment of life, and loss of consortium.
Consult a Proficient Prince George’s County Medical Malpractice AttorneyIf you believe that you or someone you love were harmed as a result of Anesthesiologist malpractice and/or Nurse Anesthetist malpractice, it is essential to seek legal representation from a knowledgeable and experienced lawyer. The proficient Prince George’s County medical malpractice attorneys of Foran & Foran, P.A., understand the complexities of malpractice cases and are dedicated to providing our clients with compassionate and effective legal advocacy. Our office is located in Greenbelt, Maryland and we frequently represent people in medical malpractice lawsuits who reside in Hyattsville, Bowie, Upper Marlboro, Waldorf, La Plata, Silver Spring, Rockville and other cities in Prince George’s County, Montgomery County, Charles County and all counties in the State of Maryland. You can reach us through our form online or by calling us at (301) 441-2022 to arrange a confidential and free conference.