The last thing you expect when going under anesthesia is to wake up injured as the result of an error. But unfortunately, this is something that happens every day in the U.S. Anesthesia mistakes are serious and can cause lifelong complications, expenses, and emotional trauma.
At The Mellino Law Firm, we have extensive experience handling anesthesia error claims. Our founding attorney, Chris Mellino, has personally handled several anesthesia lawsuits and won. Contact us today to schedule your free, no-obligation consultation by calling (440) 333-3800.
Some anesthesia errors happen more frequently than others, including:
Anesthesia mistakes can cause serious complications, like:
The consequences of a general anesthesia error can be dire for the patient and their family. While some side effects are to be expected, like headache, dry mouth, and nausea, others are signs of a complication. If you or a family member have suffered any of these as a result of an anesthesia mistake, you may be entitled to compensation for medical costs, long-term disability, rehabilitation, lost income, and other damages.
Call (440) 333-3800 or submit an online contact form to schedule a free case evaluation with our anesthesia error attorneys in Cleveland.
Chris Mellino has focused on malpractice cases involving anesthesia mistakes throughout his career. He and his former partner settled one claim for $22.5 million after an epidural anesthesia mistake rendered a 36-year-old mother brain damaged, paralyzed, and unable to communicate. They settled another for $15 million after an hour-long incident left a 21-month-old child with brain damage and spastic quadriplegia.
In 2013, Chris represented a woman who underwent elective surgery on September 10, 2010. Beforehand, she told several people that she was severely allergic to the drug Atrovent, and this was noted in her chart.
“Her body shut down shortly after the anesthesia doctor chose to give her a drug that was almost identical to the drug she’s allergic to,” Chris told jurors during the trial. “Not only that, but they were completely caught off-guard by the anesthesia allergy. The anesthesia doctor wasn’t even in the room when the patient stopped breathing.”
In this clear case of negligence, the jury awarded the plaintiff $3 million.
If you suffered from anesthesia complications as a result of malpractice, you are not alone. Call our Cleveland anesthesia error lawyers at (440) 333-3800 for a free, no-obligation consultation to discuss the details of your case.
According to Yale Medicine, general anesthesia is considered relatively safe for most patients.
Unfortunately, the risk will never be 0%, regardless of how many precautions patients or their medical team take. Such is the nature of all medical procedures, and the risk can be even higher for patients with comorbid health conditions. Inevitably, some patients will experience complications. This number increases further when medical professionals are careless or negligent during surgery.
On August 4, 2011, Time Magazine reported that general anesthesia-related deaths are on the rise since more people are being operated on these days. “Anesthesia can be particularly risky for older patients with heart problems or high blood pressure,” the article stated. In fact, 1 in 10 patients over age 65 die each year.
Understanding the risk factors of patient mortality and planning the administration of their anesthesia accordingly is also key to reducing the chances of death occurring during surgery. For example, the risk of fatality increases even in healthy patients if smoking or drinking is an issue. In this case, the patient should be given information on why quitting or cutting back is crucial before surgery and can be connected with resources to help them overcome the habit.
Patients have the right to informed consent when they agree to have a surgical procedure. This means that the patient has been told about the benefits and risks of the surgery, potential complications, and all other pertinent information associated with the procedure. This gives the patient the option to decline if they do not consent to take on the risks or potential side effects.
Failure to provide informed consent can become a major issue when an anesthesia error occurs. For instance, say a patient receives elective cosmetic surgery and is never told about the possible complications of anesthesia listed above. If the patient suffers a stroke or hypoxic brain damage from lack of oxygen, they may be able to hold the provider responsible for never having given them the opportunity to decline a non-life-saving surgery.
In most cases, the buck stops with the anesthesiologist in terms of who is considered at fault for anesthesia mistakes. However, the hospital, surgical staff, or even an equipment or drug manufacturer could also be at fault.
An example of this might be if hospital administration has failed to update old monitoring equipment. If a patient dies as a result of improper supervision during surgery, their family may be able to sue the hospital for funeral expenses and other related damages.
If you or someone in your family were injured by an anesthesia complication during surgery, you may be entitled to financial compensation for any damages that are directly related to your injuries, like:
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