Patients who need surgery or other types of complex medical treatment are often given anesthesia to prevent them from feeling pain and/or moving during the procedure. Anesthesia can be delivered in many different ways, such as through an intravenous line, an injection, or as a combination of gases that the patient inhales. Depending on the nature of the medical procedure, the patient may go under general anesthesia (i.e., for major operations like heart surgery) or a regional or local form of anesthesia (such as an epidural spinal injection or numbing the part of the mouth before a dental procedure). However, all patients must be carefully monitored at all times when given anesthesia to prevent errors or complications. According to the National Institute of General Medical Sciences, “Modern anesthetics are typically very safe, but there are risks involved, including breathing problems, allergic reactions, and general confusion after surgery.” In order to minimize these risks, medical professionals are obligated to follow professional and ethical protocols to keep patients safe when administering anesthesia. Failure to administer or monitor anesthesia properly can result in significant complications which can lead to long-term health problems, permanent injuries, or other life-altering consequences.
Patients who have suffered anesthesia complications or injuries at the hands of a negligent medical provider in Washington State may be able to pursue compensation from the at-fault party. Depending on the specific circumstances of your situation, you may be able to file a medical malpractice claim against the negligent providers, as well as the hospital or surgery center for employing the negligent provider who failed to uphold the duty of care owed to you. However, proving anesthesia negligence can be a difficult endeavor, which is why it’s helpful to enlist the guidance and support of a highly experienced Seattle medical malpractice legal advocate who can help you determine the most strategic course of action.
At Menzer Law Group, we believe in carefully selecting the cases we take on so that we can channel our expertise and resources where we believe we can make the most significant impact. If you have any questions about anesthesia mistakes and patient rights in the greater Seattle area, we encourage you to contact our firm for a complimentary case review. Let’s take a look at how anesthesia malpractice claims in Washington state typically unfold and some of the steps you can take to start rebuilding your life following an anesthesia error made by a negligent medical professional.
Recognizing Common Anesthesia Errors in Washington State
Providing safe and effective anesthesia can be one of the most complicated procedures in any medical or hospital setting. Even seemingly minor errors during anesthesia can trigger very serious complications or become life-threatening to the patient. According to the American Society of Anesthesiologists, these medical specialists “are primarily responsible for the safety and well-being of patients before, during, and after surgery. This may include placing them in the state of controlled unconsciousness called ‘general anesthesia,’ the provision of ‘regional anesthetics’ where only a portion of the body is made numb, or administering sedation when indicated for the relief of pain or anxiety.” Due to the delicate and detailed nature of anesthesia dosage and administration, errors can occur when a provider is unfocused, distracted, hurried, or impaired. Below are just a few of the most common anesthesia errors that can give rise to medical malpractice claims in Washington State.
Anesthesia Dosage Miscalculations
Anesthesia must be dosed very carefully to protect the patient’s safety. Administering too little anesthesia can cause the patient to awaken during a complex surgery, which can be an extremely traumatic experience. When anesthesia awareness happens, the patient may not be fully conscious and therefore unable to move their body or use their words—effectively paralyzing them in a painful and upsetting state. On the other hand, administering too much anesthesia can lead to severe health complications, such as hypothermia, seizures, strokes, hallucinations, prolonged unconsciousness, brain injuries, and even death. Anesthesia dosage errors can occur for any number of reasons, such as the doctor’s inexperience, carelessness, negligence, or failure to monitor the patient sufficiently.
Failure to Monitor Vital Signs or Worrisome Side Effects
The anesthesiologist’s role does not end with the administration of the anesthetic. They must monitor patients under anesthesia to look for any concerning symptoms or side effects during the medical procedure. This is especially important during general anesthesia, as the anesthesia affects the patient’s central nervous system, respiratory system, and cardiovascular system. Failure to effectively monitor the patient’s body temperature, blood pressure, blood oxygen level, pulse rate, and respiration rate can lead to severe complications both during and after the surgical procedure.
Anesthesia-Related Intubation Errors
Patients who require intubation during surgery trust that their doctors and medical team will keep them safe. However, a medical provider may intubate the patient incorrectly, leading to complications like low oxygen levels in the brain and impaired ventilation. As a result, brain damage can happen within minutes, forever altering the course of a patient’s life.
Key Elements in Anesthesia Malpractice Claims
Medical malpractice laws in Washington State allow injured parties to seek compensation from the party whose negligence caused their injury. The party seeking compensation from the at-fault party or the insurance carrier must be able to demonstrate four primary elements in order to submit a successful claim. These four elements are described below.
Establishing Duty of Care
First, you will need to provide proof that a doctor-patient relationship existed at the time of the event. In other words, you sought the services of a medical provider and were an established patient at the hospital, surgical center, or medical office. You can point to the medical records, billing, correspondence and written agreements (i.e., treatment consent forms, intake forms, etc.) between you and the medical office or hospital showing that you were a patient at the time of the anesthesia error.
Showing That a Breach of Duty Occurred
Next, you will need to show that the defendant (i.e., the anesthesiologist or medical professional) breached the duty of care owed to you as a patient in their care. Essentially, you need to establish that any other reasonable medical professional practicing in that same speciality would have followed a standard of care and that the defendant failed to uphold this standard. Your experienced medical malpractice lawyer for anesthesia errors can gather the necessary evidence such as expert witness testimony to establish that breach of the standard of care.
Linking Your Injuries to the Defendant’s Breach of Duty
Sometimes, the most crucial element of a medical malpractice claim is drawing a direct link between the medical provider’s breach of duty and the injuries you sustained as a result. For instance, you can show that the anesthesiologist breached their duty of care by administering too much anesthesia, which led to a seizure that caused some brain damage that has affected your ability to work, move, and speak. Proving causation almost always requires substantial and compelling evidence, including expert medical testimony and analysis to prove that the defendant’s misconduct led to the injuries you suffered.
Demonstrating That You Are Entitled to Recover Damages
The final component of a medical malpractice claim in Washington state is showing that you suffered actual damages as a result of the negligent medical treatment and that you are owed compensation. Damages can take many forms, from tangible economic losses (i.e., medical bills and lost wages) to non-economic damages (like the pain and suffering, emotional distress, and a diminished quality of life resulting from the injuries and the traumatic event itself). Your attorney can help you assess and quantify your damages so that you can maximize your chances of recovering the compensation you need to cope with your new physical, emotional, and financial reality after this harrowing event.
Steps to Take If You Suspect Anesthesia Malpractice in King County
As soon as you suspect that you have suffered an injury due to an anesthesia error, it’s important to share these concerns with a highly qualified and caring Seattle medical malpractice legal professional. Together, you can assess the details of your situation to determine the most appropriate course of action. If your legal advisor finds that filing a medical malpractice claim is the best strategy, you can take specific steps to ensure that your case is as strong and effective as possible. Seeking an independent medical evaluation may be the key to understanding the nature, scope, and prognosis of the injuries you suffered at the hands of a negligent medical professional. Moreover, following all recommended therapies and treatment plans prescribed to you by your doctors is essential to show that you have done everything you can do to aid in your own recovery. With your dedicated and trusted legal advocate by your side, you can rest assured that your best interests will be safeguarded and upheld at every opportunity.
If you or a loved one has suffered from surgical errors or anesthesia complications, you may be able to seek and recover compensation. As Seattle’s go-to personal injury and medical malpractice law firm, Menzer Law Group is here to provide you with the personalized and effective legal services you need during this challenging time. We are intentionally selective in the cases we take on to ensure that we can focus our efforts where we believe we can have the most profound and lasting impact. Please contact our office today at (206) 903-1818 for a complimentary case evaluation.
