In 1846, in Boston, Massachusetts, the first public demonstration of anesthesia took place—known as “ether day.” Since that time, technology has made anesthesia much safer, although the human element in the administration and management of anesthesia can sometimes lead to adverse outcomes. A 2019 NCBI article studied patient databases between 2007 and 2014 to determine the number of anesthesia errors within that time. A total of 17,116 anesthesia errors were reported, with 131 reported deaths resulting from a mistake with anesthesia.

More of the deaths were in teaching hospitals than in non-teaching hospitals, and it was noted that specific issues, such as electrolyte and fluid disorders in the patient predisposed to increased risk. Whatever your situation, if you or a loved one was injured due to an anesthesia error, contact The Brothers Law Firm—we have worked on thousands of medical malpractice cases involving virtually every type of healthcare professional, including anesthesiologists.

Patients who must undergo general anesthesia are usually at least a bit concerned—and rightfully so. The anesthesiologist’s job is to administer the medications, monitor the patient during the procedure, and generally ensure everything is going as it should. The anesthesiologist must also explain the type of anesthesia that will be used to the patient, the risks and benefits, and get informed consent from the patient.

While most anesthesia risks are minor and temporary, in some cases, the anesthesiologist can make a mistake that causes a more severe problem, such as breathing problems during or after surgery, long-term memory loss, or even death. The most common types of anesthesia errors include:

• Failure to monitor the patient during the procedure
• Failure to ensure proper positioning of the patient
• Administration of the wrong type of anesthesia
• A delay in the delivery of anesthesia
• Administration of too much or too little anesthesia
• Failure to recognize adverse drug reactions
• Failure to recognize an allergic reaction
• Failure to discuss the anesthesia to be administered to the patient
• The use of defective equipment

The consequences of any of the above errors will vary depending on the specific patient and the particular procedure. According to a Medscape Malpractice Report from 2015, most lawsuits against anesthesiologists result from abnormal injuries, airway mishaps, cardiac arrest during surgery, overdose, and in-hospital infections. Nerve damage, cardiopulmonary arrest, and organ damage are the most common injuries related to anesthesia errors.

General Anesthesia Causes More Medical Errors

General anesthesia (rather than local or regional) is related to anesthesia errors nearly two-thirds of the time. When anesthesia errors with general anesthesia occur, the result is death about one-fourth of the time, nerve injury (more than 20 percent of the time), permanent brain damage (about 10 percent of the time), and tooth damage (less than 10 percent of the time). The remainder of anesthesia errors can cause such issues as:

• Chronic pain
• Mental confusion that lingers
• Larynx damage
• Allergic reaction to the anesthesia
• Pneumonia or other types of breathing issues
• Stroke and blood clots
• Heart attacks

Although it is rare, some people report regaining consciousness during the surgical procedure, which can be a very traumatic event. Patients who have diabetes, heart disease, high blood pressure, kidney problems, lung conditions, allergies to anesthesia, a history of adverse reactions to anesthesia, or those who are obese are more likely to experience an adverse reaction to anesthesia; however, this does not preclude a mistake made by the anesthesiologist.

Why Do Anesthesiologists Make Negligent Errors?

Unfortunately, anesthesia complications and errors occur much more often than we know; however, most of us do not hear about these errors unless it affects them or someone close to them. The top three reasons anesthesiologists make errors that can cause long-term damage to the patient include:

• Lack of communication between staff members due to a rushed surgery, fatigue on the part of the anesthesiologist, or personality conflicts between staff can have dire outcomes for patients.
• The anesthesiologist may not be properly trained, could be lacking in experience, or might not even be appropriately certified for the procedure at hand.
• The anesthesiologist may fail to read the patient’s chart thoroughly; therefore, they may not be aware of an allergy or medical condition that could interact with anesthesia.

Medical Malpractice vs. Unforeseeable Result

It is essential to understand that not every bad outcome from anesthesia administration results from medical negligence. In some cases, the individual may have unknown medical issues or allergies that badly interact with the anesthesia. Many unforeseeable consequences may have nothing to do with medical malpractice or medical negligence. To determine whether the anesthesiologist was negligent, the following questions must be answered:

• Would another anesthesiologist, given the same set of circumstances, have acted in the same manner?
• Would another anesthesiologist have been able to foresee the harm suffered, given the same circumstances?
• Could the anesthesiologist reasonably have taken alternative actions that would have prevented the harm?
• Was the risk of such an alternative greater than the risk of the actions taken by the anesthesiologist?

The anesthesiologist will be judged against the “reasonable” standard of care that another anesthesiologist would have exercised, given the same circumstances.

Can I Still File a Case if the Anesthesia Error Occurred Some Time Ago?

Following an anesthesia error that resulted in injury to you or a loved one, the statute of limitations is probably something you are not thinking about as healing can be a lengthy, traumatic experience. Yet the time set by each state in which to file a medical malpractice lawsuit—known as the statutes of limitations—can be extremely important, and something you must consider for your health and your future. In the state of Texas, the statute of limitations for medical malpractice, including anesthesia errors, is generally two years from the date of the negligent act, omission, or practice. That being said, there are certain exceptions to the two-year rule, including for children. Only an experienced medical malpractice attorney can help you determine whether your window of time has passed. Because the statute of limitations is complex, it is important that you speak to a lawyer as soon as you can if you suspect your child has suffered an injury from an anesthesia error.

How Do I Know If I Have a Valid Anesthesia Error Case?

There is no way to know whether your anesthesia error case is valid until you speak with an experienced anesthesia error attorney from The Brothers Law Firm. Our attorney will comprehensively review the facts and evidence of your claim, first determining whether negligence was present.

Negligence generally means failure to exercise reasonable care or doing something wrong—something that a similarly trained anesthesiologist would not have done, given the same set of circumstances. Your attorney may hire an expert medical witness who will consider all relevant factors, including your pre-surgical risks for anesthesia, the surgeon’s and anesthesiologist’s operative notes, and any testimony from nurses or other witnesses.

One consideration may be the known complication rate of the type of anesthesia that was used on you during your surgery. All of these factors will determine whether your attorney believes you have a valid anesthesia error case, and, if so, what your damages are worth.

Is There a Difference Between Medical Malpractice and Anesthesia Error Claims?

Medical errors—including anesthesia errors are unintended acts or omissions during the time the anesthesia is being administered. Medical errors include misdiagnosis and delayed diagnoses, or, in the case of an anesthesiologist, it could include administering an incorrect medication or dosage, or even system failures. Not every medical error will rise to the level of medical malpractice, and the same is true with anesthesia errors.

Medical malpractice refers specifically to a deviation from the accepted standard of care by the anesthesiologist—i.e., the anesthesiologist failed to act in a manner that another anesthesiologist would have done, given similar circumstances and training. Anesthesia errors may or may not fall under medical malpractice. If the anesthesiologist failed to meet the accepted standard of care or behaved negligently, and harm or injury resulted, then your injury falls under medical malpractice.

Will I Need to Go to Court for My Anesthesia Error Case?

Whether or not you will have to appear in court for your anesthesia error case will depend on the unique circumstances of your injury. In most cases, your attorney will first determine whether there is strong evidence to support your claim, then will comprehensively assess your exact damages. This may be done using expert witnesses who can put a monetary value on your inability to work or perform normal daily tasks.

When the amount of your damages is determined, your attorney will begin negotiations with the anesthesiologist’s (or hospital’s) insurer. Most cases will settle outside of court, but if the insurer refuses to pay a reasonable amount for your damages, a lawsuit may be filed. The simple act of filing a lawsuit will often cause an insurance company to agree to the damages your attorney is asking for. If not, the case will be set for trial, and if it is not settled before trial, then you will likely have to testify in court regarding your injuries.

How The Brothers Law Firm Can Help

Building a medical malpractice case against an anesthesiologist that will stand up in a court of law will require expert witnesses, comprehensive evidence, and possibly the anesthesiologist’s surgery notes. In a situation like this, you must have the most experienced medical malpractice attorney in your corner, from start to finish. Medical malpractice claims can be complex, requiring an attorney who has the knowledge and skill set necessary to negotiate, along with the trial experience to litigate the matter, when necessary. Attorney John Brothers have that level of experience, knowledge, and skill.

The Brothers Law Firm has had major successes while helping Houston victims and their families with medical malpractice and anesthesiologist errors. Some of our largest recoveries were on behalf of patients in families in these cases. We have many testimonials from former clients who were extremely happy with their outcomes. You can read some of those testimonials here. As a highly qualified, deeply experienced anesthesia error attorney, John Brothers began focusing on medical malpractice cases in his second year of law school.

While in law school, John Brothers clerked at two highly respected medical malpractice law firms and was hired by one of those firms once he completed law school and passed the Bar. In 2013, John was recruited as a partner at one of the largest medical malpractice firms in the state of Texas. Since then, John has handled hundreds of medical malpractice claims at his firm, recovering millions of dollars for victims and their families.

At The Brothers Law Firm, we will vigorously prosecute your anesthesia error claim to maximize your recovery. We have a deep understanding of which issues to focus on, along with strong relationships with highly credentialed expert witnesses. At The Brothers Law Firm, we have the resources to take on a large company/hospital and insurance company—both of which will be doing everything in their power to avoid responsibility for your injuries due to medical negligence. Contact The Brothers Law Firm today for a comprehensive evaluation of your anesthesia error claim.