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Anesthesia can be administered by either an anesthesiologist, a doctor with special training or sometimes by a nurse anesthetist, a registered nurse with specialized training.
When errors in anesthesia care and management occur, a lawsuit can be brought for injury or death of the patient.
In New York State, lawsuits for anesthesia malpractice must commence within 2 ½ years for personal injuries or 2 years from death.
Before a patient undergoes anesthesia, a careful evaluation must be performed. If risk factors are determined special monitoring may be necessary and some anesthesia medication may not be utilized.
Incorrect dosage of the anesthetic agent can cause respiratory or cardiac arrest causing brain injury or death.
The anesthesiologist must monitor a patient’s vital signs (pulse, blood pressure, respiratory status) during anesthesia. Failing to properly monitor a patient can lead to brain injury or death.
In many instances, a patient’s breathing is impaired during the administration of anesthesia which requires the creation of an artificial airway. A patient may be intubated to deliver oxygen and remove carbon dioxide, ora mask can be used. If the tube or mask is not properly placed, a patient will not receive adequate oxygenation, leading to brain injury or death.
An anesthesiologist or nurse anesthetist must be physically present in the operating room. We have evaluated cases where a patient has been left unattended by anesthesia staff leading to disastrous consequences.
Anesthesiologists and nurse anesthetists must be well trained and equipped to rapidly respond to emergencies that may occur in the delivery of anesthesia. They must be able to perform emergency intubation and other rescue measures when required.
When a patient is in recovery, a patient requires careful monitoring until they emerge from anesthesia. Frequent assessments of a patient’s breathing, ventilation, blood pressure, and cardiac status are required to prevent serious injury or death.
Our medical malpractice attorneys have sued anesthesiologists and nurse anesthetists for their failure to deliver proper care for the past 43 years. We have sued for anesthesia errors that occur in hospitals, surgical care facilities, and other out-patient centers where anesthesia care is inappropriately rendered.
Our malpractice attorneys must establish the anesthesiologist or any person administering anesthesia violated good and accepted practices including American Society of Anesthesia standards. State Health Department rules and regulations, and hospital or medical facility policies and procedures.
The first step in evaluating anesthesia care is obtaining and reviewing the patient’s hospital or care record. The record will contain a pre-anesthesia note assessing the patient’s condition and any risks for anesthesia care, a detailed anesthesia chart with monitoring of the patient, the monitoring equipment used, the anesthetics used and their dosages, the route of administration, and any complications that arose. Post anesthesia there should be note detailing the anesthesia procedure, complications, and interventions.
We review these records and the surgical record with a board-certified anesthesiologist to determine if there were any violations in care. When a patient’s risks are not minimized or if proper safety precautions were not used during anesthesia or in recovery room, we institute a lawsuit against the anesthesiologist or nurse anesthetist, and their employer for the harm caused. The employer is often a hospital, surgical care center or independent anesthesia group.
An anesthesia malpractice case is complex requiring attorneys with experience and skill. The attorneys at De Caro & Kaplen, LLP have been studying anesthesia care for the past 43 years. We have reviewed multiple anesthesia records and consulted with numerous anesthesia experts to prove anesthesia malpractice has occurred.
Shana De Caro and Michael Kaplen were members of the New York State Supreme Court medical malpractice review panel reviewing cases of anesthesia malpractice. Michael Kaplen is board certified in medical malpractice litigation by the American Board of Professional Liability Attorneys and is a member of their board of directors. Shana and Michael have lectured extensively on issues of medical malpractice and anesthesia malpractice.
Click here for examples of our multi-million dollar anesthesia malpractice verdicts and settlements.
If you or a loved one has suffered injury due to the negligence of an anesthesiologist in New York you have a right to sue for compensation. Contact our New York anesthesia malpractice lawyers today for a free consultation.
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