Can You Sue An Anesthesiologist?

What Happens if An Anesthesiologist Messes Up?

Anesthesia mistakes could include errors in administering anesthesia, inadequate monitoring during surgery, or failure to address complications such as anesthesia awareness during medical procedures.

Suing an anesthesiologist typically involves filing a medical malpractice lawsuit, where you must prove that the anesthesiologist breached their duty of care, causing you serious complications or even death.

Anesthesiologists are held to high standards of practice, and if their actions result in harm, they can be held legally liable for damages such as medical expenses, pain and suffering, and lost wages. 

If you believe that you have a reason to sue a negligent anesthesiologist, your first step should be to consult with attorneys that specialize in medical malpractice in your jurisdiction.

An anesthesia errors attorney with experience filing anesthesia-related lawsuits can best assess the merits of your case and determine the best course of action.

Our Experience With Anesthesia Malpractice Lawsuits

We’re a Chicago-based personal injury firm specializing in medical malpractice with extensive experience representing clients in cases involving anesthesia errors that occurred while a patient was under different types of anesthesia including general anesthesia, regional anesthesia, or local anesthesia. 

We have successfully litigated numerous cases against anesthesiologists where patients suffered harm due to anesthesia errors and related complications, securing compensation for medical expenses, lost wages, and pain and suffering. 

Our expertise in this area often involves collaborating with medical experts to uncover negligence and advocate for their clients’ rights. 

We focus on medical malpractice cases in Chicago, Illinois, and the surrounding Illinois areas and offer free case evaluations.

The Chicago Medical Malpractice Lawyers recovered a $2.75 million settlement on behalf of a Chicago area woman just 2 days before trial was set to begin.

Why Would You Sue An Anesthesiologist?

You might sue an anesthesiologist, hospital, or medical facility if you believe they were negligent in their duties, resulting in harm or serious injury to you during surgery or anesthesia administration. 

Reasons for suing your anesthesiologist might include instances of anesthesia awareness (waking up during surgery), improper dosage leading to an anesthesia overdose or underdose, failure to monitor vital signs adequately, or medical errors in anesthesia technique. 

Additionally, if the anesthesiologist fails to obtain informed consent or disregards patient safety protocols, a review of the patient’s medical history, legal action may be pursued. 

An anesthesia malpractice lawsuit is typically pursued to seek compensation for medical expenses, pain and suffering, lost wages, and other damages resulting from the anesthesiologist’s alleged negligence.

How Do You Prove An Anesthesiologist Was Negligent?

In order to sue an anesthesiologist, your surgical team, or other healthcare provider, you (together with your medical malpractice lawyer) will need to prove medical negligence on their part. 

Proving negligence on the part of an anesthesiologist typically involves demonstrating 4 key elements:

• Duty Of Care. Establish that the anesthesiologist owed you a duty of care, which is inherent in their role as a medical professional responsible for administering anesthesia safely during surgery.

• Breach Of Duty. Show that the anesthesiologist breached their duty of care by failing to adhere to the standard of care expected in their profession. This could involve errors in anesthesia administration, inadequate monitoring, or failure to respond appropriately to anesthesia complications.

• Causation. Demonstrate that the anesthesiologist’s breach of duty directly caused your injury or harm. This often requires linking the negligent actions or omissions of the anesthesiologist to the specific harm suffered by you.

• Damages. Provide evidence of the damages you sustained as a result of the anesthesiologist’s negligence during a surgical procedure. This can include medical records documenting catastrophic injuries, treatment expenses, medical bills, lost wages, and other tangible and intangible losses.

Proving negligence typically involves gathering medical records, expert testimony from other medical professionals, and possibly eyewitness accounts to support your claim. 

An experienced medical malpractice attorney can guide you through the process and help build a strong case by evaluating the evidence and presenting it effectively in court.

Lawsuits For Anesthesia Errors 

The process of a lawsuit for anesthesia errors typically goes as follows:

1. Consultation With Your Attorney. The process often begins with a consultation with a medical malpractice attorney. During this initial meeting, the attorney will assess the details of your case, including the nature of the anesthesia error, the resulting harm or injury, and the potential grounds for legal action.

2. Investigation and Gathering Evidence. If the attorney determines that you have a viable case, they will begin investigating the incident further. This may involve obtaining medical records, reviewing documentation related to the surgery and anesthesia administration, and consulting with medical experts to evaluate the standard of care.

3. Filing The Complaint. Once sufficient evidence has been gathered, the attorney will file a complaint on your behalf in the appropriate court. The complaint outlines the allegations against the anesthesiologist and any other parties involved, as well as the damages you are seeking.

4. Discovery Process. During the discovery phase, both parties exchange relevant information and evidence related to the case. This may include depositions of witnesses, interrogatories (written questions), and requests for documents.

5. Negotiation and Settlement. In some cases, the parties may attempt to reach a settlement through negotiation or mediation before going to trial. Your attorney will advocate on your behalf to secure a fair settlement that compensates you for your injuries and losses.

6. Trial. If a settlement cannot be reached, the case will proceed to trial. During the trial, both sides present their evidence and arguments before a judge and jury. Your attorney will work to prove the anesthesiologist’s negligence and demonstrate the extent of your damages.

7. Verdict and (If Necessary) Appeal. After hearing the evidence, the jury will render a verdict determining whether the anesthesiologist was negligent and, if so, the amount of damages to be awarded. Either party may choose to appeal the verdict if they believe legal errors were made during the trial.

Throughout the process, your attorney will provide guidance and representation to help you navigate the complexities of the legal system and pursue fair compensation for the anesthesia errors you experienced.

Anesthesiologist Lawsuit FAQs

Get answers to your questions about anesthesia malpractice lawsuits from our medical malpractice attorneys.

How Are Claims Against Anesthesiologists Proven In Malpractice Cases?

Malpractice cases involving any kind of anesthesia error or complication require certain evidence.

Typically, this involves demonstrating that the medical professional(s) involved failed to adhere to the accepted standard of care during the procedure. 

This failure is proven via expert testimony from anesthesiologists or related specialists, medical record review to identify deviations from protocol, and the establishment of a clear causal link between the error and the resulting injury through medical analysis and documentation.

What Evidence Is Needed To Sue An Anesthesiologist?

Some examples of key evidence in an anesthesia malpractice lawsuit includes medical records detailing the anesthesia plan and associated procedures, any complications, and subsequent treatment. 

Expert testimony from anesthesiologists or other relevant medical specialists is often critical for establishing the standard of care and identifying deviations. 

Documentation demonstrating the link between the error and the resulting injury, such as medical evaluations and patient testimony, also strengthens the case for negligence and damages when filing a lawsuit against an anesthesiologist.

Is There A Statute Of Limitations On Anesthesia Malpractice Lawsuits In Illinois?

Yes, in Illinois, there is a statute of limitations for medical malpractice lawsuits, including those related to anesthesia injuries and other anesthesia errors. 

A malpractice lawsuit must be filed within 2 years from the date the patient knew or reasonably should have known of the injury, but no more than 4 years from the date of the alleged malpractice. 

However, there are exceptions and nuances to this rule, making it essential to consult with a qualified attorney to understand how the statute of limitations applies to your specific case and if you are eligible to recover financial compensation.

What Kind Of Compensation Can I Expect If I Sue An Anesthesiologist?

In a successful lawsuit against an anesthesiologist, your compensation typically covers medical expenses related to treating the injury caused by the malpractice, including surgeries, rehabilitation, and ongoing medical care. 

Additionally, your compensation may include reimbursement for lost income due to the injury plus damages for pain and suffering endured as a result of the malpractice. 

The exact amount of compensation you may receive in an anesthesia malpractice lawsuit is based on factors such as the severity of the injury, the impact on the patient’s life, and applicable laws in your jurisdiction.

Filing A Malpractice Lawsuit Against An Anesthesiologist In Chicago, Illinois

Did you or a loved one suffer from an anesthesia injury or similar complication while you were under anesthesia during an operation that was performed in Illinois?

If you are located in Chicago or the surrounding areas, and you think you have a medical malpractice claim, contact the Chicago anesthesia error attorneys today for a free consultation to see if we can help you recover compensation.