It is true that we are in the 21st century but identifying the right amount of anesthesia that should be administered on a patient is a challenge in most of the cases. Sometimes, anesthesia can be too much, too little or even the wrong type of anesthesia would be administered. However, can anesthesia be considered as medical malpractice? If so, is there a way to prove it? Let’s find it out.
Three types of anesthesia
- General anesthesia (makes the patient completely unconscious).
- Regional anesthesia (applicable to a certain part of the body).
- Local anesthesia (applied to a small part of the body).
Common types of complications that are associated with anesthesia are as follows.
- Vomiting, nausea and post-operative pain.
- Temporarily mental confusion, delirium, respiratory difficulties etc.
- Damages to the tooth and larynx and signs of sore throat due to the insertion of the breathing tube.
- Allergic reactions, pneumonia, etc.
- Blood clots, brain damage (due to inadequate oxygen supply).
- Nerve injuries, heart attacks, and even death.
To consider an anesthesia error as malpractice, you must be able to prove the negligence of the anesthesiologist. In this case, you should prove that the anesthesiologist failed to exercise a reasonable amount of care or did something wrong. The lawyer should hire an expert in the respective field to provide medical witnesses and take all the complications you undergo into consideration. The pre-surgical risk factors, the operative notes of the anesthesiologist, etc. will be used to determine the actual reason behind the malpractice. Also, the known complication rate related to the type of anesthesia will be considered before the decision.
As long as the physician is an employee of the respective hospital, the hospital is liable for the case. However, if the physician is an independent contractor (which is the most common instance), the hospital is not liable for it.
Proving an anesthesia error as medical malpractice can be somewhat difficult. Therefore, it is highly recommended to go for a well-experienced, specialized lawyer to get it done for you.
This article provided by Wagners Personal Injury Lawyers in Halifax
1869 Upper Water St, Suite PH 301
3rd Floor, Pontac House
Halifax, NS, B3J 1S9 Canada