Anesthesia is a necessary requirement for countless medical procedures and many types are available. When anesthesiologists or other medical professionals are negligent in the handling or provision of anesthesia to patients and injuries occur, they commit medical malpractice. If you or a loved one recently suffered any type of anesthesia-related injury, contact the attorneys at Sullivan, Papain, Block, McGrath & Cannavo, P.C., today to schedule a free case evaluation.
Medical malpractice claims are some of the most complicated personal injury claims that require expert witness testimony and extensive evidence requirements. Like any other medical malpractice claim, an anesthesia error lawsuit will revolve around the standard of care for the plaintiff’s condition and whether the defendant met that standard. The average person with no legal training would likely have no idea how to go about this process and would likely not have the time or energy to handle a lawsuit alone while recovering from an anesthesia-related injury.
An attorney can not only handle correspondence with insurers, but also help build a strong case the supports the plaintiff’s claim and contact expert witnesses who can further bolster a medical malpractice claim. In New York, the statute of limitations for most personal injury claims is two years and six months from the date of the injury, but a medical malpractice attorney will look for any factors that toll or delay this statute and help maximize a client’s compensation from a successful claim.
Anesthesia errors come in many forms that can lead to medical malpractice lawsuits.
To succeed with a medical malpractice claim for an anesthesia-related injury, the plaintiff’s attorney must prove that the defendant was negligent or failed to meet the standard of care for the patient’s condition. The plaintiff’s attorney must also prove the damages resulting from such an error, such as increased medical expenses, lost income, and pain and suffering.
A plaintiff in a medical malpractice lawsuit for an anesthesia error can secure several types of compensation if his or her attorney successfully proves the defendant violated the standard of care. Economic damages such as medical expenses and lost income may come into play, as well as non-economic damages for pain and suffering that compensate a plaintiff’s physical pain and psychological suffering resulting from medical negligence. Some defendants may also face punitive damages if their behavior exceeds the scope of typical negligence or involves any intentionally reckless or dangerous behavior, such as operating on a patient under the influence of drugs or alcohol.
The attorneys at Sullivan, Papain, Block, McGrath & Cannavo, P.C., can help an injured patient recover after negligent anesthesia errors. Contact our New York City office today to schedule a free case evaluation with a medical malpractice attorney, and we can let you know what you can expect from a lawsuit.