According to reports, a majority of the malpractice cases in the United States are anesthesia malpractice cases.Among all the medical specialties, anesthesia malpractice has been ranked as the twelfth highest in terms of the percentage of doctors who have been forced to pay negligence claims. Because anesthesia is such a potent drug, even a small error can have life changing or even life threatening consequences. Anesthesia malpractice cases are usually filed because some type of permanent injury has been done to an innocent victim. For example, many anesthesia malpractice cases are filed as a result of injuries such as brain damage and paralysis or death.
Even though anesthesia malpractice cases are becoming more and more common, they are among the most difficult to actually prove. Given the fact that most victims of anesthesia malpractice are unconscious during the incident, it can be difficult to prove that there was negligence. In many situations, the medical staff involved in a wrongdoing discards or “misplaces” the patient’s medical records after the error occurs.
Taking Preventative Measures to Avoid Anesthesia Malpractice Cases
Unfortunately, mistakes are bound to happen at some point, but there are preventative measures that, you as a patient, can take in order to ensure your safety and the safety of your loved ones while under anesthesia. Keeping detailed medical history files that contain information on health conditions, allergies, etc. is always a good idea if you are going to be operated on. It’s also important that you make sure to give this updated information to the hospital or medical facility at which you will be undergoing your procedure. This way you’ll have the proof to back you up just in case anything happens, and nobody can blame your own health for someone else’s negligence.
The following information should also always be documented for yourself and your physician before you’re put under anesthesia to avoid an anesthesia malpractice case:
· Results from a pre-anesthesia exam
· Your signed consent form
· Operative records
· Any transfer notes that are taken
· Any physician notes that are taken
· A post-anesthesia record
It is the responsibility of malpractice insurers and professional medical societies to warn medical practitioners not to alter any of their medical records. But after what is typically a traumatic surgery involving a potentially deadly or life altering mistake, professional and ethical advice is sometimes avoided and forgotten. As a result, the families of those who have been injured are forced to file an anesthesia malpractice case to be compensated for such negligence and unethical behavior.
Where Does Anesthesia Malpractice Occur?
The majority of people often think that anesthesia medical malpractice only happens in on the operating table in a hospital or other medical facility. However, this isn’t necessarily the way it always happens, and errors can occur at any time, even before or after a surgery. Some anesthesia malpractices cases that have occurred have also taken place in dental offices. Such negligence has also been known to occur in a variety of situations. For example, anesthesia malpractice can occur during childbirth, plastic surgery or even minor dental procedures.
A patient who has been a victim of an anesthesia mistake can suffer from a variety of side effects. Among the most common side effects that have resulted from an anesthesia mistake and have caused an anesthesia malpractice case to be filed are:
· Cerebral palsy
· Brain damage
· Nerve damage
· Paralysis
Are you thinking about filing an anesthesia malpractice case? If so, please contact us today to speak with an experienced attorney who can evaluate your case and ensure that you and your loved ones receive the legal support and advice you need and deserve.
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