Medical malpractice is defined as negligence on the part of a medical professional. This may include doctors, nurses, physician assistants, support staff, and more. Failure to accurately diagnose or treat a medical condition, unreasonable delays in the delivery of treatment, or improper treatment of the patient in general are all common causes for bringing a malpractice suit.

The key to successfully arguing a medical malpractice case consists of several parts. First, the plaintiff must prove that the defendant had a clearly-defined duty of care to the patient. Second, that the duty of care was breached due to the defendant’s negligence. Third, that the defendant (or defendants) named in the case were either directly or indirectly responsible for a patient’s injury, advancement of disease, or death.

A hospital or medical practice can also be named as a defendant according to “corporate negligence” doctrine. Some common examples of corporate negligence include:

  • Failure to maintain sanitary conditions throughout a medical facility
  • Failure to vet or pre-screen employees
  • Improper discharge a patient
  • Delays in securing referrals that lead to escalation of medical conditions
  • Negligence in other administrative duties

Malpractice When Administering Anesthesia

Like many cases of medical malpractice, mistakes can occur when administering anesthesia. These mistakes can occur in or out of the hospital, especially in dental practices, doctor’s offices, and elective surgery facilities.

Anesthesia requires keen knowledge and proper use of a variety of drugs and techniques. Because of the sheer number of variances in patient needs, the odds of making a mistake when administering anesthesia or monitoring of the patient while under anesthesia are fairly high.

In a majority of cases, mistakes related to anesthesia are the result of negligence on the part of the anesthesiologist. Improper examination and screening for allergies or existing medical conditions that could affect how the patient responds to treatment. Improper anesthesia dosages can lead to serious injury and even death.

Qualifying Damages

Recovery in a medical malpractice case can include both economic and noneconomic damages. Economic damages include easily quantifiable financial obligations or losses associated with the patient’s injury. This includes medical bills, lost wages, and long-term care.

Some examples of non-economic losses include:

  • Loss of the overall enjoyment of life
  • Pain and suffering
  • Extreme adjustments to the patient’s lifestyle to accommodate the injury
  • Loss of consortium or companionship

Determining Liability

There are a number of people and entities that could be held liable for mistakes involving anesthesia. Possible named defendants could include:

  • The anesthesiologist
  • The surgeon
  • The primary care physician or his/her practice
  • Nurses responsible for administering/monitoring the procedure
  • The hospital or clinic where the procedure was performed
  • Any other medical staff with a direct duty of care to the patient

Contact a Qualified Medical Malpractice Lawyer Today

If you, or someone you love, has been injured or has died under anesthesia, you may need the help of a qualified medical malpractice lawyer. Don’t delay in bringing your case. The law limits the amount of time you have to take action. Contact an experienced medical malpractice lawyer Salt Lake City UT if you have any questions or need assistance.


Thank you to Rasmussen & Miner for providing their expertise and insight on medical malpractice.

 

 

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