Anesthesia is a very important part of obtaining care for an injury or illness. Yet, it is also a complex area of medicine that requires highly experienced professionals to make exact decisions during those procedures. Mistakes can be costly, often leading to complications such as brain damage and stroke. Sometimes, it can lead to wrongful death. If you or an immediate family member are a victim of medical malpractice, you may have legal rights to compensation.
Understanding Anesthesia Malpractice
Medical negligence can occur in various ways. An anesthesiologist may be responsible for your losses if they make decisions outside of the scope of care any other doctor would provide.
Types of Anesthesia Malpractice
- Medication errors. This may include using too much sedative, which leads to complications. Medication errors may also include not recognizing drug interactions or ignoring the possibility of an allergic reaction.
- Esophageal intubation errors. These can result in esophageal perforation and subcutaneous emphysema, hypoxic or anoxic brain injury, and/or a lack of appropriate blood flow.
- Aspiration pneumonia. If the proper techniques are not used or intubation mistakes are made, the patient can inhale stomach acids. This may result in aspiration pneumonia.
- Improper monitoring. In some situations, an anesthesiologist may not monitor the patient correctly, which could lead to many complications.
Possible Injuries as a Result of Anesthesia Malpractice
When an anesthesiologist makes a mistake, numerous injuries can result. These injuries often occur if there’s a lack of adequate oxygen to the brain.
- Post-operative delirium or cognitive dysfunction
- Breathing problems
- Difficulty regaining consciousness due to breathing or oxygen instability
- Hypoxia-related psychosis
- Loss of sensation
- Brain damage due to lack of oxygen
- Cardiovascular complications
- Permanent nerve damage
- Wrongful death
Anesthesia mistakes can also lead to psychological trauma. For example, if a person wakes up during a procedure, and especially if they experience pain, they are at risk for developing awareness-induced post-traumatic stress disorder (PTSD). Symptoms might include nightmares, panic, and fear of dying.
What to Do If You Think You’ve Been Hurt
If you suffered any type of anesthesia complication during a procedure, speak to a Texas medical malpractice attorney. Although medical malpractice is very difficult to prove, especially if you do not have access to your medical records or know the full story of what occurred during your medical event, an attorney can help gather important evidence and information about a potential malpractice case.
Taking Legal Action
The Texas statute of limitations for filing a medical malpractice claim is two years. That means, you have two years from the date of the injury (or procedure) to file a claim for the losses you’ve suffered. It’s critical that you do not wait to contact an attorney to learn more about your rights.
If you think you’ve waited too long to file a claim, reach out to our Texas medical malpractice attorneys to inquire about your case. We will work with you to understand what’s occurred and what can be done to help protect your rights.
Possible Damages in a Texas Medical Malpractice Case
If you’ve suffered losses as a result of medical negligence, you may recover for those losses. Under Texas law, you may be entitled to compensation for medical bills related to the treatment, as well as other damages.
- Emergency medical bills to treat the complication
- All medical costs related to ongoing treatment of that condition
- Therapy and rehabilitation costs
- Lost wages and benefits
- Medications and supporting tools needed for the resulting complications
- Reduced earning compacity
You may also qualify for other types of compensation, including pain and suffering, emotional distress, mental anguish, and loss of enjoyment of life. Texas laws cap the amount of non-economic damages you can receive at $250,000 per health care institution or $500,000 when more than one provider is at fault. This includes any type of compensation for emotional damages you’ve suffered that don’t have a specific financial value associated with them.
How a Texas Medical Malpractice Lawyer Can Help
The complexity of medical malpractice makes working with an attorney in Texas very important for most claims. It’s never recommended that you try to handle a malpractice claim on your own because dealing with insurance companies can be challenging. An attorney can provide enormous help.
Why Hire a Medical Malpractice Attorney
- An attorney can determine what evidence is available in your case to prove negligence
- An attorney can gather information from witnesses about the events that took place
- An attorney can find expert witnesses who will state that you were, in fact, the victim of negligence
- An attorney can verify your current and long-term financial losses
- An attorney can manage the claims process with the insurance company on your behalf
- An attorney can represent you in court should the case go to trial
If you are an immediate family member of a person who lost their life as a result of anesthesia medical malpractice, you may benefit from having an attorney who can help determine your long-term financial and emotional losses. This is far more complex, requiring an experienced wrongful death attorney.
Contact a Texas Medical Malpractice Attorney Today
The Button Law Firm offers help and guidance if you’re the victim of anesthesia malpractice. We know how difficult getting through this can be. That’s why our experienced team wants to help guide you – as we have helped guide many of our clients within Midland, Houston, Dallas, and the surrounding areas.
You can give us a call at (214) 699-4409 or email us at [email protected]. You can contact us online to schedule a free consultation by filling out the form below or by chatting with a member of our team.