Syracuse Anesthesia Malpractice Lawyers

What Is Anesthesia?

Anesthesia is a medication that provides a temporary induced state that minimizes a patient’s pain or decreases their stress response. Some anesthesia causes unconsciousness, but not all forms of anesthesia render a patient unconscious. 

Types of Anesthesia

Different types of anesthesia exist. A trained anesthesiologist can evaluate the situation and determine the best course of treatment. Typical forms of anesthesia include:

• General anesthesia – This is a common type of anesthesia that renders patients unconscious. 
• Spinal anesthesia – Spinal and epidural anesthetics are administered through an injection near the spinal cord.
• Local anesthesia – Local anesthesia numbs a specific body part. 
• Regional anesthesia – This type of anesthesia is used on larger sections of the body.
• Dissociative anesthesia – This form of anesthesia creates a trance-like state. The patient is not knocked unconscious and has some understanding of what is happening. 

In some medical procedures, the anesthesiologist may administer more than one type of medication to achieve different effects during the procedure. 

Anesthesiologists’ Background

Anesthesiologists are doctors who specialize in the administration of anesthesia. During a medical procedure, the anesthesiologist monitors a patient’s heart rate, blood pressure, breathing, and body temperature. They must alert the patient’s medical provider if they observe distress or adverse reactions.  

The United States Department of Labor estimates that 33,470 anesthesiologists are currently employed in the United States. Becoming an anesthesiologist requires hard work and education. After completing medical school, anesthesiologists must complete a four-year residency in anesthesiology. The mean salary for anesthesiologists is nearly $340,000 a year.

Like many doctors, anesthesiologists may not be direct employees of hospitals but rather independent contractors. This status can sometimes make proving a claim for hospital negligence difficult. Still, seeking compensation from the at-fault doctor and their medical malpractice insurance may be possible.

Common Types of Anesthesia Errors

Anesthesia errors can occur for many reasons, but some of the most common include:

• Medication errors – A medication error occurs when a patient receives the wrong type of medicine. 
• Dosage errors – A dosage error involves administering too much or too little anesthesia.
• Delayed delivery – A delayed delivery occurs when a patient receives the anesthesia too late in the process for it to perform its intended function. 
• Failure to monitor – Anesthesiologists must monitor a patient’s vital signs to check for potential problems or complications.
• Intubation errors – A negligent healthcare provider may fail to protect the airway, which can lead to asphyxia. They could also make an error during this routine medical procedure, leading to respiratory problems.
• Prolonged sedation – A patient may be sedated longer than intended. 
• Medication interaction errors – This type of error can cause a severe reaction when the anesthesia counteracts a medication the patient is taking.
• Negligent pre- or post-op care – Anesthesiologists may fail to give the patient proper instructions before they receive anesthesia or warn them about possible complications.

An anesthesia error attorney can review your medical records and situation to determine if you can file a medical malpractice claim based on the error. 

Why Do Anesthesia Errors Occur?

Anesthesia errors are often due to a doctor’s negligence or the negligence of the hospital, nurse, or other medical professional. Common causes of anesthesia errors and other medical errors that provide a basis for a medical malpractice lawsuit include:

• Communication errors between different medical providers
• Lack of training
• Unfamiliarity with medical equipment 
• Doctor impairment by drugs, alcohol, or fatigue
• Distractions or inattention 
• The use of defective medical equipment 

If you were harmed by an anesthesia error, our Syracuse anesthesia malpractice lawyers want to help. Contact us today for a free medical negligence consultation. 

Injuries Caused by Anesthesia Errors

Common injuries associated with anesthesia errors include:

• Temporary anesthesia or cognitive impairment
• Nerve damage
• Loss of bodily function
• Oxygen deprivation
• Heart damage
• Cardiac arrest
• Respiratory distress
• Spinal cord injuries
• Cardiovascular collapse
• Brain damage
• Damage to the trachea
• Allergic reactions
• Birth defects
• Malignant hyperthermia 
• Coma
• Seizure
• Stroke
• Death

When a patient does not receive enough anesthesia or at the right time, they may suffer a serious medical condition called anesthesia awareness. During this event, a patient may be conscious but paralyzed, so they can see the medical providers working on them when they are supposed to be unconscious and unaware of what is happening. Nearly 40,000 people experience this disturbing phenomenon, which can lead to lasting psychological damage. 

Financial Damages Awarded in Anesthesia Error Cases

If a negligent healthcare provider injured you, you can pursue a claim for damages. Damages help to return you to the position you would have been in had you not been injured. Your damage award may include:

Economic Damages 

Economic damages pay for losses that have a financial impact, such as:

• Medical expenses for additional hospital stays, surgeries, medication, or medical devices incurred because of the medical error
• Future medical bills and rehabilitation 
• Past and future loss of wages
• Replacement of household services
• Out-of-pocket expenses

Our dedicated attorneys can carefully review your case to determine the damages you are entitled to.

Non-Economic Damages 

Non-economic damages provide money to injury victims for the intangible, subjective losses they experience, such as:

• Pain and suffering
• Mental anguish
• Emotional distress
• Disability
• Loss of consortium
• Loss of enjoyment of life

Economic and non-economic damages combined are called compensatory damages.

Wrongful Death Damages

Tragically, some instances of anesthesia errors result in the patient’s death. In these cases, surviving family members may be able to bring a wrongful death lawsuit against the medical provider whose negligent actions caused the premature death. Certain family members may be entitled to compensation for the following losses:

• Funeral and burial expenses
• Loss of financial support
• Final medical expenses
• Loss of services
• Loss of parental guidance

Our medical malpractice attorneys can review your case to determine your legal rights and options.

What Do I Need to Prove to Win a Medical Malpractice Lawsuit?

Medical malpractice cases are notoriously complicated. They involve a complex intersection of medicine and the law. Before you can file a medical malpractice lawsuit, you must obtain an expert affidavit that you have solid grounds for your case. 

If you file a medical malpractice claim, you have the burden of proof as the plaintiff. You must be able to establish all of the following legal elements by the preponderance of the evidence:

• Doctor/patient relationship – You must be able to establish that you had a doctor/patient relationship with the healthcare provider and that the injury occurred within the scope of this relationship.
• Standard of care – The standard of care differs for different types of healthcare professionals. The standard is the level of care another medical provider in the same geographic and specialty area would provide under similar circumstances. A medical expert may testify about the standard of care that applied in your case.
• Deviation from the standard of care – You must be able to prove that your medical care provider deviated from the standard of care and caused your injury in the process.
• Damages – You must be able to show that the negligent care caused you to suffer damages that the court can compensate you for.

An attorney with decades of experience fighting to protect the rights of medical malpractice victims will have a network of medical experts they can turn to for support in your case. A medical expert can review your medical records, examine what action they would have taken under similar circumstances, and explain how the medical provider deviated from the standard of care. 

How Can a Medical Malpractice Lawyer Help After an Anesthesia Error?

The medical malpractice and personal injury attorneys at Powers & Santola, LLP, have decades of experience handling complex injury cases. Our results include several multi-million dollar verdicts and settlements. Some of the ways that we can help with your case include:

• Discussing your legal rights and options during a free case review
• Reviewing medical information thoroughly to advise you on whether to proceed with a medical malpractice claim
• Explaining your options for financial compensation, including filing medical malpractice claims with insurance companies
• Investigating your case to determine all liable parties
• Uncovering evidence of medical negligence 

• Connecting you with expert witnesses who can further support your case
• Ensuring you receive high-quality care to treat your injuries
• Preparing your paperwork and managing the administrative burden of your legal claims
• Filing lawsuits and claims within applicable deadlines
• Negotiating for maximum compensation on your behalf 
• Accurately assessing the value of your claim 

When you have an experienced attorney in your corner to handle your medical malpractice claim, you can focus on your health and recovery. Let the medical malpractice attorneys at Powers & Santola, LLP, use our extensive experience to fight for you.

What Is the Filing Deadline for Medical Malpractice Lawsuits in New York?

There are time limits to file a medical malpractice lawsuit in New York. The general statute of limitations for medical malpractice lawsuits is two and a half years from the date of the negligent action, such as the anesthesia error. A wrongful death lawsuit must be filed within two years of the decedent’s death, according to New York’s statute of limitations. 

You should take immediate legal action to protect your rights while keeping these crucial deadlines in mind. If the time limit expires and you have not filed a lawsuit, you can lose your right to file a case later, as well as the possibility of recovering compensation for your injuries. Contact our medical malpractice attorneys today to initiate the legal process.

How Much Does It Cost to Hire a Medical Malpractice Attorney?

At Powers & Santola, LLP, we don’t want you to worry about having to pay out-of-pocket for our legal services. That’s why we work on a contingency fee basis. Under this fee agreement, we start working on your case immediately, but we don’t get paid until you do. 

Our payment is conditioned or contingent upon our ability to secure financial compensation for your case. If we are unable to obtain an award or settlement, you do not owe us any money for our legal services. If we are successful, we receive a percentage of the amount recovered when you receive your payment. During your initial case review, we can discuss our fee agreement and all the ways we can help you.

Contact Our Syracuse Anesthesia Malpractice Lawyers Today for Your Free Consultation 

If an anesthesia error injured you, you do not have to suffer in silence. The Syracuse anesthesia malpractice lawyers at Powers & Santola, LLP want to help demand the justice and financial accountability you deserve. You can contact us online to set up a free consultation in our Syracuse office. We also have offices in Rochester and Albany to help service our clients throughout Upstate New York. Call us at (315) 509-3430 to schedule a free consultation.