Anesthesia Error is serious Medical Malpractice case. The anesthesiologist uses anesthesia before surgeon commenced surgery or invasive procedure of patient. When the physician (Anesthesiologist) deviated, or departed from accepted community standard of practice, and that such departure was a proximate cause of the patient’s injuries at that condition patient may bring an action against such physician causing Anesthesia Error. In legal term, it is called Medical Malpractice, and in general term, we may say its physician’s fault or wrongful act, an error which caused injury to the patient.
The victim may claim following damages:
- Past medical care expenses
- Future medical care expenses
- Loss of income
- Pain and suffering
- If necessary life care expenses
- Other damages
BLF obtains Medical expert’s medical opinion what was the cause of injuries by Anesthesiologist’s error. Based on Medical Expert’s opinion Bhurtel Law Firm decides for further process of the claim.
Failure to provide informed alternative treatment or diagnosis and provide reasonable foreseeable risk and benefits of the procedure:
If Anesthesiologist failed to tell all risk of anesthesia to his/her patient, and the patient gives consent to undergo surgery/operation/procedure, because, she/he did not know all reasonably foreseeable risk; that is called Lack of informed consent.
If there is a lack of informed consent and patient suffered further injuries because of anesthesia; at that condition, the victim may bring an action against Anesthesiologist.
If medical professional failed to provide alternative treatment or diagnosis, and, reasonable foreseeable risk and benefits, while provided medical, dental or podiatric care practitioner under similar circumstances, would have disclosed, which would allow the patient to make the informed decision. See New York Public Health Law § 2805-d.