Surgery patients must often undergo anesthesia before a procedure. Most anesthesia errors are recognized and fixed so that there are no adverse consequences. However, in some cases, anesthesia errors may result in serious injuries or even death. Problems also may develop in the post-anesthesia recovery room. You may wish to consult an experienced Detroit, Traverse City, and Grand Rapids medical malpractice attorney at Neumann Law Group if you believe that you have been harmed by an anesthesia error. Strict time limits and procedural requirements apply to these cases. Our principal, Kelly Neumann, has regularly secured more than $3 million in personal injury cases each year for the last several years.Holding a Health Care Provider Accountable for an Anesthesia Error
Anesthesia can involve one or more types of drugs that result in an inability to feel pain, as well as a loss of responsiveness and reflexes. It is most often used before surgery. Anesthesia can include general anesthesia, spinal and epidural anesthesia, local anesthesia, dissociative anesthesia, and regional anesthesia.
Anesthesia errors are considered medical malpractice when a health care professional's actions or omissions fall below the accepted standard of care, thereby causing injuries and damages to a patient. The accepted standard of care is defined by what the same type of medical professional would do or not do in the same situation when faced with a similar patient. If the error was committed by an anesthesiologist, it likely will be necessary to get an opinion from another anesthesiologist about whether the defendant met the standard of care.
There are many types of anesthesia errors, including administering too much or too little of a drug, delaying the delivery of the anesthesia, failing to prevent anesthesia interactions, administering anesthesia to someone allergic to anesthesia, failing to administer oxygen during surgery, and failing to instruct patients before anesthesia with regard to refraining from eating. These errors can cause heart arrhythmia, dizziness, confusion, cardiovascular problems or collapse, vein and artery damage, brain damage, seizures, spinal cord injuries, paralysis, coma, or even death.
You only have two years from the date of the error or six months from the date on which you discovered there was an error to bring a medical malpractice lawsuit. Since your attorney will need to review your medical records and consult with an expert, you should consult an attorney as soon as possible once you suspect that a medical professional's mistake has caused you harm.
Your attorney will need to file an affidavit of merit from the same type of professional as the defendant, attesting that your suit is meritorious. The affidavit must be filed at the same time as the complaint is filed. In response, the defendant will need to present a similar affidavit from his or her own expert, stating that there is a meritorious defense.
In Michigan, there is a cap on noneconomic damages, which include items like pain and suffering or loss of enjoyment. Generally, this cap is $280,000, which is adjusted annually. However, the cap is $500,000 under certain circumstances, such as when a plaintiff is rendered paralyzed due to malpractice, permanently impaired cognitively, or permanently damaged in terms of reproductive organs and the ability to procreate.Protect Your Rights by Enlisting a Medical Malpractice Attorney in Traverse City, Grand Rapids, or Detroit
The actions and omissions of health care providers can result in serious injuries and costs. If you are harmed by an anesthesia error, you should consult the Detroit, Grand Rapids, and Traverse City medical malpractice lawyers at Neumann Law Group. We represent injured individuals in Petoskey, Warren, Holland, Midland, Muskegon, Saginaw, Wyoming, Kalamazoo, Lansing, Flint, Ann Arbor, and communities throughout the Upper Peninsula, as well as in California and Massachusetts. Contact us at 800-525-NEUMANN or via our online form for a free consultation with an injury attorney.