Anesthesia is an essential part of surgical procedures, but the administration of anesthesia comes with risks. Numerous types of anesthesia errors can harm a patient, and in many cases, the harm is severe and may be fatal. If you or a loved one suffered injuries due to an anesthesia error, you should confer with a knowledgeable attorney to discuss whether you may be owed compensation from the anesthesiologist who caused your harm. David Tapalian is a seasoned Rhode Island anesthesia error lawyer with the skills and experience needed to assist you in seeking damages from the responsible parties, and he will work diligently to help you achieve a favorable result.Examples of Anesthesia Errors
Providing proper anesthesia requires an appropriate dosage and careful and consistent monitoring. Anesthesia errors can occur when an anesthesiologist fails to obtain a patient's thorough medical history prior to administering anesthesia and therefore does not adjust the medication or dosage administered as needed when considering the potential for complications. Anesthesia errors can also occur when a doctor provides either too little anesthesia, which can result in pain and consciousness during a surgery, or too much anesthesia, which can result in respiratory issues, brain damage, and in some cases, death. Errors may occur during the intubation of a patient as well, causing damage to a person’s mouth, trachea, or esophagus.Liability for Anesthesia Errors
In Rhode Island, many lawsuits arising out of anesthesia errors name both the anesthesiologist and the hospital at which the injured person underwent surgery as defendants. To prove the liability of the anesthesiologist, an anesthesia error attorney in Rhode Island typically must show that the anesthesiologist was professionally negligent. Negligence is comprised of four elements: a duty to provide care that a similarly qualified doctor in the same or a similar situation would provide, a breach of the duty, causation leading from the breach to the injuries, and actual damages. While in some cases, the harm caused by an anesthesia error will be abundantly clear, the injured person more often will need to retain an expert to testify as to causation and the extent and permanency of the harm caused by the error.
The extent to which a hospital can be held liable for harm caused by an anesthesia error depends in part on the status of the relationship between the anesthesiologist and the hospital. Claims against the hospital in which the injured person received the anesthesia will typically allege that the hospital is liable under a theory of vicarious liability, or that the hospital is responsible for the negligent hiring or supervision of the anesthesiologist. A vicarious liability claim essentially alleges that the anesthesiologist is an employee of the hospital, and therefore, the hospital is indirectly liable for any negligent acts committed by the anesthesiologist. A negligent hiring or supervision claim, however, alleges that the hospital should be held directly liable, due to its failure to properly vet and supervise the anesthesiologist. A Rhode Island anesthesia error attorney can help you determine which type of claim may be appropriate in your case.Compensation Awarded for Anesthesia Errors
Rhode Island does not impose a statutory cap on the amount of damages that an injured person can recover for medical malpractice. While any economic damages caused by an anesthesia error, such as medical expenses and lost earnings, are limited to amounts reasonably determined to be owed, non-economic damages, such as damages for pain, suffering, and mental distress, are not limited in any capacity. Lawsuits arising out of anesthesia errors are complicated, and it may be challenging to try to discern the cause and extent of the harm caused by the error. If you were harmed by an anesthesia error, a trustworthy medical malpractice attorney can assess who should be held liable for your injury and which damages you may be able to recover.Speak With a Capable Medical Malpractice Attorney
Undergoing surgery can be a stressful experience, but it should not result in additional harm due to improperly administered anesthesia. If you suffered an injury due to an anesthesia error, you should speak with a capable anesthesia error lawyer in Rhode Island regarding your injury and the compensation that you may be able to recover. Attorney David Tapalian will work tirelessly to prove that anyone who contributed to your injury should be held accountable for your harm. Mr. Tapalian’s primary office is located in Providence, Rhode Island, and he is available by appointment at his secondary office in Seekonk, Massachusetts. You can contact Mr. Tapalian through the online form or at 401-552-5000 to set up a confidential and free consultation.