Medical Malpractice > Anesthesia Injury


Patients typically have very little personal contact with their anesthesiologist when preparing to undergo surgery. However, the anesthesiologist is extremely important in ensuring patient health and safety. An anesthesia injury due to administering the wrong anesthetic or incorrect dosage can be catastrophic.

What happens if an anesthesiologist makes a mistake? Serious errors can result in patients suffering severe anesthesia injury, brain damage, or even death. These errors may constitute medical malpractice, and patients may be entitled to anesthesia malpractice settlements.

An anesthesiologist has many responsibilities during an operation, administering the medication throughout a surgery that causes a loss of sensation. During the surgery, the anesthesiologist monitors the patient’s condition and vital signs—including blood pressure, heart rate, respiration rate, and oxygen saturation. The anesthesiologist is also responsible for the patient’s well-being upon waking up immediately after surgery.

If you or someone you love suffered serious harm from an anesthesia error, a medical malpractice lawyer at Montross Miller can help you. Our experienced malpractice lawyers are well-versed in complex anesthesia error cases and can obtain the necessary compensation to help you and your family move forward. Contact our team today for a free case evaluation.

Types of Anesthesia Errors

“Will I wake up?” It’s a question that crosses every surgical patient’s mind.

Waking up during a surgical procedure is just one of the things that can go wrong for patients, though it is rare. The Mayo Clinic estimates that one or two people out of every 1,000 may become partially awake during general anesthesia and experience what is called unintended intraoperative awareness. But other types of mistakes and injuries could lead to anesthesia lawsuit settlements if medical professionals display negligence in the administration of general, regional, or local anesthesia. Some common types of anesthesia errors include:

  •     Incorrect dosage—administering either too much or too little anesthesia
  •     Wrong drug—not using the correct or prescribed type of anesthesia
  •     Improper induction of anesthesia
  •     Failure to monitor vital signs and breathing
  •     Failure to assess patient risk factors
  •     Injury to the airway or trachea
  •     Nerve damage

Anesthesia errors can also occur outside the operating room during the postoperative treatment phase. University of Washington School of Medicine research found 20 percent of severe adverse events are associated with a “failure to rescue,” which occurs when an anesthesiologist fails to observe and respond to complications. 

Any of these errors can result in harm to the patient. When representing victims of anesthesia-related injuries, Montross Miller malpractice attorneys carefully review all surgery records and consult with anesthesiologists to determine the best way to present the patient’s claim.

Do I Have an Anesthesia Malpractice Case?

If you’ve had an adverse experience with anesthesia, you might wonder whether you have grounds for a medical malpractice lawsuit. To better understand your legal options, begin by consulting an experienced, compassionate attorney at Montross Miller.

Generally speaking, all medical malpractice cases must prove the following elements:

  •     The doctor or medical professional owed the plaintiff patient a duty of care
  •     The medical professional violated their duty by failing to uphold the standard of care for their profession
  •     The patient suffered injuries as a direct result of the professional’s action or inaction
  •     The patient suffered damages as a result of their injuries

In Indiana, patients wishing to file a medical malpractice lawsuit must follow specific procedures outlined in the Indiana Medical Malpractice Act. The act also limits the amount of compensation that victims can claim for their injuries. To have a successful claim and secure the maximum anesthesia lawsuit settlement compensation, it is vital to have an experienced lawyer on your side.

How an Anesthesia Malpractice Lawyer Can Help

When representing patients who have suffered anesthesia-related injuries, our diligent and compassionate team will carefully review medical records and consult with practicing anesthesiologists to determine the best path forward.

Montross Miller has a wealth of experience in complex medical malpractice cases. Over the past four decades, we have developed an extensive network of physician consultants, and we even have a board-certified medical doctor on staff to ensure you get the best possible representation.

Contact our team today to schedule your free case evaluation.


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