Anesthesia is a necessary part of surgery. Anesthesia is a medical treatment to control a patient’s feeling of pain through the administration of anesthetic drugs to reduce their pain. There are different types of anesthesia, and like all drugs, they come with different risks to the patient. Anesthesia errors can lead to serious injury and death. If you have suffered injury or lost a family member because of anesthesia errors, you might be entitled to compensation. For more information about your rights and how one of our Philadelphia anesthesia error attorneys can help you, call Youman & Caputo at (215) 302-1999.
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Why Choose Our Attorneys?
What Are the Different Types of Anesthesia?
Possible Complications From Anesthesia
Common Injuries From Anesthesia Complications
What Causes an Anesthesia Error?
Benefits of Hiring an Anesthesia Error Attorney
Potential Compensation for Your Injuries
Proving Negligence in Your Case
What is the Statute of Limitations?
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There are different types of anesthesia. The type used depends on the patient’s medical condition, the type of procedure, the patient’s preference, and what is safe for the patient. The different types of anesthesia include:
Although all forms of anesthesia carry some risk of complications, general anesthesia carries the most risk. Advances in science have improved surgical procedures and anesthesia, however, as with any medical procedure, there are risks involved in the administration of anesthesia. These are some of the common complications that a patient can experience from anesthesia:
Breathing difficulty – patients who have been treated with anesthesia can experience breathing difficulty during and after their procedure. Patients with pre-existing conditions such as sleep apnea may have difficulty regaining consciousness after their procedure, or they may stop breathing during their procedure. Smokers may also suffer this complication from anesthesia.
Postoperative cognitive dysfunction – this is a serious complication from anesthesia most common among elderly patients. It is a state where a patient experiences a decline in their memory or cognitive function after surgery. This condition is well known to anesthesiologists. Patients with some pre-existing conditions like congestive heart failure, Alzheimer’s disease, and Parkinson’s disease are more prone to this complication. It is important for an anesthesiologist to carefully assess the patient’s medical history to avoid possible complications.
Malignant hyperthermia – this is a complication from anesthesia drugs that causes the body to react with dangerously high body temperature and muscle spasms. This is a potentially fatal complication from anesthesia.
If anything goes awry during patient intubation or the administration of anesthesia, the patient can suffer serious or life-threatening injuries. While minor anesthesia complications can cause symptoms such as nausea, dizziness, blurred vision or fatigue, more serious anesthesia complications can be dire or deadly. Severe anesthesia errors or complications can change a victim’s life by inflicting severe injuries, such as:
Whether you suffer a serious lack of oxygen to the brain or require the services of a spinal cord injury attorney in Philadelphia, our team is prepared to help. Severe injuries could be caused by a mistake in the type or dosage of the anesthesia drugs administered (overdoses or underdoses). They can also be caused by the incorrect administration of the anesthesia itself. Spinal cord injuries can arise due to issues with an epidural or spinal anesthesia, for example. When administered incorrectly, powerful drugs going to the wrong area around the spine can be catastrophic. Sadly, many patients do not survive severe anesthesia errors.
Anesthesia errors are almost always preventable. They occur most often due to negligence or a lapse in judgment on the anesthesiologist’s part. A disorganized or poorly run hospital can also result in anesthesia errors. According to a study by the National Institutes of Health, the most common causes of anesthesia errors are as follows:
These are all possible grounds for a Philadelphia medical malpractice claim. If you or a family member has suffered from anesthesia errors, you may be entitled to financial compensation.
Any kind of medical malpractice case in Philadelphia will be complex. This practice area involves intricate and nuanced laws that can be difficult to navigate on your own as an injured patient or surviving family member. Cases involving anesthesia errors are no exception. You can benefit in many ways from hiring an attorney to represent you during this type of lawsuit, including:
When you hire a law firm to advocate for you during the legal process, you gain access to state-of-the-art resources and experienced lawyers who will be responsible for handling every aspect of your case. You can enjoy greater peace of mind during this difficult time while your lawyer prepares your case and handles negotiations between you and the other parties involved in your lawsuit.
Anesthesia errors are serious mistakes with serious consequences. If you or a loved one has suffered injuries because of a preventable anesthesia error in Philadelphia, you may be entitled to financial compensation (also known as damages) for multiple losses. Pennsylvania law entitles an injured victim to both economic and noneconomic damages connected to the act of medical malpractice.
The potential compensation that you could receive after an anesthesia error typically includes:
If your loved one tragically died due to a preventable anesthesia error in Philadelphia, your family may also be eligible for wrongful death damages. These can include reasonable funeral and burial arrangements, the deceased person’s final medical bills, lost wages and inheritance, lost companionship and care, loss of household services, and pain and suffering. Learn the value of your case from an attorney before saying yes to a settlement from an insurance company to avoid accepting less than you deserve.
When you file an anesthesia error case or any type of catastrophic injury lawsuit in Philadelphia, the burden of proof rests with you as the plaintiff. This means it is your or your attorney’s responsibility to prove the basis of your claim using evidence. The burden of proof is not “beyond a reasonable doubt,” as it is in a criminal case, but “a preponderance of the evidence.” This is also known as the “more likely than not” standard, as it requires clear and convincing evidence that medical negligence caused the victim’s injuries with at least a 51 percent likelihood.
Proving medical negligence in a case involving an anesthesia error often requires multiple forms of evidence. Common examples include testimony from a medical expert or anesthesiologist, the patient’s medical records and related documents, and eyewitness statements. An attorney in Philadelphia can preserve and collect compelling evidence for you to support the basis of your injury claim.
If you wish to file a claim or lawsuit for an anesthesia error in Philadelphia, you must obey Pennsylvania’s statute of limitations. This is a legal deadline or time limit on the right to file a claim. All personal injury and medical malpractice cases in Pennsylvania must abide by their respective statutes of limitations. If you wait too long and file after your statute of limitations has expired, the courts will most likely bar you from making a financial recovery, even if you have evidence of a preventable anesthesia error.
The statute of limitations on most medical malpractice cases in Pennsylvania is two years from the date that the act of medical negligence occurred. If the victim did not discover his or her injuries right away, however, the statute of limitations may be “tolled,” or extended, to two years from the date of reasonable discovery. There are some exceptions for special cases, such as if the victim is a minor under the age of 18 or if the defendant is a government entity. It is important to contact an attorney in Philadelphia as soon as possible to avoid missing your statute of limitations to file.
The Philadelphia anesthesia error attorneys at Youman & Caputo are experienced in medical malpractice law. We will protect your best interests and fight to get you justice in your case. Your initial consultation is at no cost to you. Call us today at to schedule your free consultation with one of our injury and wrongful death lawyers in Philadelphia.
