Patients can encounter anesthesia errors when undergoing surgical procedures, and those errors can cause significant injury or even death. As such, personal injury law provides for recovery of damages when anesthesiologists or even drug manufacturers breach their duty of care to patients that are impacted by negligence.
(Learn more about the kinds of anesthesia errors that can lead to significant injury and/or death.)
What Kind of Injuries Can Anesthesia Errors Lead to?
From too much anesthesia to too little anesthesia, the risks can cause harm that can can be temporary (like sore throat, drowsiness, minor bruising to mouth and/or throat due to intubation), and some can be permanent (like brain injury). Some of the primary risks associated with anesthesia drugs may include:
- Anaphylaxis (allergic reaction)
- Stroke
- Nerve damage
- Pneumonia
- Hyperthermia or Hypothermia
- Respiratory Injury
- Hypoxic brain damage
- Cardiac distress or arrest
- Death
- Anesthesia Treatment and Informed Consent
The Importance of Informed Consent
Any time a patient undergoes a surgical procedure, they must be informed of the risks of the treatment they are about to receive, the side effects of that treatment and the benefits as well. Physicians are typically required to secure the patient’s informed consent before embarking upon a medical procedure like administering anesthesia drugs.
With informed consent, a patient is told about not only the benefits and possible side effects of treatment, but also alternatives and risks involved with opting out of that treatment. Patients that are taken into treatment without informed consent may have a medical malpractice claim.
How Long Does a Patient Have to File an Anesthesia Malpractice Claim?
Every personal injury plaintiff has a limited amount of time to file their claim, according to the law. Each state has its own time limit set on these filings, typically called a statute of limitations.
Additionally, the time limit may be different if the patient discovered the injury well after the procedure. In the State of Illinois, the statute of limitations on a malpractice claim is two years from the date of the actual injury. While the plaintiff may have more time if they reasonably discovered the injury at a later date, but under no circumstances can a medical malpractice claim be filed in the state more than four years from the date of the medical injury.
What Kinds of Damages Can I Recover in a Medical Malpractice Claim?
Medical malpractice damages are meant to compensate the injured patient for their losses resulting from the negligence at the heart of their complaint. If your claim goes to trial, the jury will be tasked with assessing an award for the damages you seek. They may include:
- Medical expenses
- Lost wages
- Loss of employability
- Future medical care
- Pain and suffering
Alternatively, a plaintiff may settle their claim with the doctor and hospital before the case goes to the jury. Consult an experience medical malpractice attorney who can help you understand the scope of your damages and what financial compensation you may be entitled to.
If you’re looking for an experienced Chicago personal injury lawyer to help navigate your personal injury claim, we will fight assiduously for your right to the compensation you deserve. Call Bizzieri Law Offices at 773.881.9000. The case evaluation is free, and we never charge a fee unless we recover damages for you.