Medical errors happen sometimes. As a patient going to see a doctor, you probably don’t want to hear that. A doctor, much like anyone taking care of you, should seem trustworthy.
Many times, you can trust a doctor, but they’re still human, and they can make errors. For instance, they might make a mistake with anesthesia.
We’ll talk about these kinds of errors in the following article. We’ll cover how they happen and what you might do about them as well.
What Does Anesthesia Mean?
If a doctor operates on you, they’ll more than likely give you anesthesia first. It’s a sedative that either numbs up a certain area or renders you unconscious.
If the doctor gives you a local anesthetic, that means they numb up one area of the body so they can work on you in some way without you feeling it. If they render you unconscious, that probably means they’re doing something more substantial.
A doctor might give you the wrong amount of anesthetic, though, or they could make a similar mistake. That’s when you might have a medical outcome that neither you nor the doctor expected.
What Can You Do About an Anesthesia Error?
If a doctor makes a mistake with anesthesia, the court system might consider that medical malpractice. Often, you must file a medical malpractice claim within three years, though that varies when different factors come into play.
The doctor or whoever gave you the anesthetic might make an error if they read your chart wrong. They could make a mistake if they’ve gone for a whole day without sleep. These things do happen, especially in busy hospitals.
You can take some time to think about whether you might sue the doctor, but don’t take too long, or you might run into the statute of limitations. Usually, if you pass the timeframe during which you can sue, then you won’t have further legal recourse.
If you feel that the anesthesia error harmed you, whether physically, mentally, or both, then you will want to look around for a skilled personal injury lawyer. You can check some of the websites of ones close to you. Make sure that the one you select handles medical malpractice cases.
You should also look at this lawyer’s online feedback. If they have a lot of five-star reviews, then you can probably hire them with a lot more confidence than you would an attorney who only has tepid reviews.
Talk to the Lawyer About What Happened
You can next go talk to the attorney you chose. They will probably have many questions about the doctor and the situation. They will want to know about the alleged anesthesia error.
Maybe you feel certain that this doctor harmed you. In some instances, maybe an anesthesiologist administered the anesthesia, and they made a mistake. If so, then you can probably blame them and not the doctor who performed the surgery, or whatever other medical procedure took place.
The lawyer, who hopefully knows a lot about medical malpractice lawsuits, can tell you whether they think you have a case. If they agree to take you on as a client, you will next need to agree on a payment structure.
Try to set up a contingency payment plan. That way, you will pay the lawyer nothing if they don’t win your case for you.
The Lawyer Can Investigate
The attorney will probably have investigators who can look into your case. The more physical evidence they can collect, the better the chances that you can either force a settlement or get a jury’s decision in your favor.
With anesthesia errors, you might have a hard time proving what you allege happened. If the surgery or whatever procedure occurred left you physically scarred, then you can use that to your advantage.
However, maybe you only have your word, and the doctor may say something different happened. If your lawyer gets the doctor on the stand, then they’re under oath.
However, the doctor might lie if they feel they could lose their license. They may feel it’s their reputation on the line, and they might say something dishonest to defend it.
Expert Witnesses
If you don’t have a lot of physical evidence proving what you say happened, and it’s basically your word versus what the doctor says, then your lawyer may call on expert witnesses to help prove your case. Their testimony, plus what you say when you take the stand, might still convince the jury.
Doctors and hospitals carry insurance that should pay for the damages if the jury feels the doctor harmed you through their anesthesia error. The insurance company may not want to pay, though, so they might dispute your version of events. They have money on the line, while the doctor has their reputation.
The Insurance Company Might Settle
The insurance company insuring the doctor or hospital might settle before the jury ever deliberates. They may feel that if they offer you a token amount of money, they can resolve this issue that’s getting them negative publicity.
If they won’t settle, then that probably means they feel you don’t have enough evidence to convince a jury. It doesn’t happen often that personal injury cases get to the verdict stage, but it occurs every once in a while.
If the insurance company representing the doctor or hospital gives you a settlement offer, then you can talk with your lawyer and consider whether you should take it. If you feel they are giving you a lowball offer, then you can either refuse or counter with an amount of your own.
You should think about factors like whether you suffered mental anguish from the anesthesia error. Maybe you feel you should get more money if this incident impacted you permanently in some way. Hopefully, you can either get a settlement offer that you feel makes sense, or else you can get a jury’s verdict in your favor.
