Anesthesia is used by medical professionals so that patients do not experience pain during surgeries and procedures. Anesthesia is used in many procedures, including surgery, childbirth, dental work, and colonoscopies.
A medical professional or anesthesiologist may use one or more of the types of anesthesia, including local, general, and regional anesthesia. The type of anesthesia used depends on the procedure and the person.
Generally, anesthesia is safe to use. However, anesthesia errors do occur. An anesthesia injury could result in a medical malpractice claim if a medical provider was negligent or failed to provide an acceptable standard of care.
Our St. Petersburg anesthesia injury lawyers at Lopez Law Group Accident Injury Attorneys help you seek compensation for damages. Keep reading to learn more about anesthesia injury cases in Florida.
What Types of Anesthesia Errors Can Cause Injury and Wrongful Death?
Medical errors are among the most common causes of patient injury and harm. An anesthesia error might not cause injury, depending on the nature of the incident. However, some mistakes with anesthesia can cause catastrophic injuries and life-threatening conditions.
Many of the mistakes with anesthesia are avoidable. Had it not been for the negligence or wrongdoing by a doctor or medical professional, the patient would not have been injured. Examples of anesthesia errors that could cause an injury include:
- Giving the patient the incorrect type of anesthesia
- Errors made while intubating a patient
- Failing to review a patient’s medical history and chart before giving the patient anesthesia
- Waiting too long to give a patient anesthesia or giving the patient anesthesia too soon
- Mistakes and errors with oxygen
- Failing to monitor a patient’s vital signs
- Using general anesthesia instead of choosing a safer alternative
- Administering the incorrect dose of anesthesia
- Failing to monitor the patient before, during, and after administering anesthesia
- Incorrect placement of anesthesia
- Giving the patient the incorrect dose of anesthesia
An anesthesia injury might be outside an anesthesiologist’s or medical professional’s control. For example, a patient might experience an allergic reaction to anesthesia that neither they nor the doctor knew about beforehand.
However, negligence is also a common cause of anesthesia injury. When that is the case, the patient can seek compensation from the medical provider for the physical harm, emotional distress, and financial losses caused by an anesthesia injury.
What Types of Injuries Are Caused by Anesthesia Errors in St. Petersburg, FL?
Anesthesia errors may not cause severe harm. The patient may have a slight reaction that goes away within a few hours or days. On the other hand, an anesthesia error can cause a traumatic injury or permanent impairment.
Common anesthesia injuries that a person may sustain include:
- Nerve damage
- Dental injuries
- Internal bleeding
- Traumatic brain damage
- Anesthesia awareness
- Organ damage
- Obstructed airway
- Vegetative state
- Severe allergic reactions
- Respiratory arrest
If you were injured because a medical provider made a mistake administering anesthesia, you could be entitled to compensation for the resulting injuries and damages. An attorney can help you evaluate your legal options to pursue a claim for damages.
What Damages Can I Receive for an Anesthesia Injury Claim in St. Petersburg, FL?
Florida personal injury laws provide for compensatory damages in medical malpractice claims. Compensatory damages include non-economic and economic damages. Examples of the damages you can receive for an anesthesia injury claim include, but are not limited to:
- The cost of past and future medical treatment and care
- Scarring and disfigurement
- Personal care and household services
- Past and future lost wages and earning capacity
- Emotional distress and mental anguish
- Out-of-pocket expenses
- Physical therapy, occupational therapy, and other rehabilitative treatments
- Loss of enjoyment of life
- Impairments and disabilities
- Physical pain and suffering
- Diminished quality of life
If you believe a medical provider caused you harm or injury because of an anesthesia error, seek medical treatment for your injuries. You need to document your injuries and damages because you must prove the legal elements of a medical malpractice claim to recover compensation for damages.
Contact a St. Petersburg medical malpractice lawyer to discuss your case. An attorney offers legal advice and guidance on how to protect your right to fair compensation for your damages.
How Do I Prove a Medical Malpractice Claim for an Anesthesia Injury in Florida?
Anesthesia malpractice claims require you to prove the following legal elements:
- The medical provider or doctor owed you a duty of care because you established a doctor-patient relationship with them
- The person violated the standard of care applicable in your situation because of their intentional acts, negligence, or other wrongdoing
- The breach of duty caused by the deviation from the standard of care was the proximate and direct cause of your injury.
- You incurred damages because of the anesthesia error and malpractice
The standard of care is specific to the situation and varies depending on the facts of the case. It is also based on what a medical provider with similar training, education, and skills would have done in the situation.
Medical experts are required to determine the standard of care that applies in your case. The experts also determine how your medical provider deviated from the standard of care and how the deviation caused your injury. Medical experts are essential in anesthesia injury cases.
What Is the Deadline for Filing an Anesthesia Injury Claim in St. Petersburg, FL?
Florida’s statute of limitations for medical malpractice claims is two years from the date of the malpractice. If you did not discover the malpractice and injury until later, you could have longer to file a lawsuit under the discovery rule.
However, the discovery rule does not indefinitely extend your time to file a claim. It is from the time you knew or “should have reasonably known” about the injury.
Children also have longer to file medical malpractice claims. Again, the extension of time is not indefinite.
It is best to seek legal advice from an experienced St. Petersburg personal injury lawyer as soon as possible – determining the statute of limitations for a medical malpractice case can be complex. If you do not file a lawsuit before the deadline, the court can dismiss the lawsuit.
Schedule a Free Consultation With Our St. Petersburg Anesthesia Injury Lawyers
Did you suffer injuries or harm because of an anesthesia error? If so, we want to help you hold the responsible parties accountable for their actions. Call Lopez Law Group Accident Injury Attorneys at (727) 933 0015 or contact us online for a free consultation with an experienced St. Petersburg anesthesia injury lawyer.