You may hear a lot about medical malpractice claims in Passaic County being filed against a physician because he or she fails to competently perform his or her duties. The rules of medical malpractice law also extend to an anesthesiologist who fails to completely perform the duties associated with the position. Anesthesiologists are responsible for ensuring the well-being and safety of patients who undergo surgical procedures.
Whether an anesthesiologist improperly administers a general anesthetic or fails to notice warning signs of a patient in distress, it may be anesthesia malpractice. The Passaic County medical malpractice attorneys of Fontanella, Benevento, Galluccio & Smith will fight to help you receive money for your injuries.
Anesthesia malpractice in Essex County, NJ can result in the death of a patient. However, patients injured by an anesthesiologist can suffer serious injuries without dying. For instance, you could have experienced anesthesia awareness. This injury occurs when the anesthesiologist fails to give you the proper amount of anesthetic during your surgical procedure. It can cause additional emotional trauma because you wake up during the procedure and feel every incision or medical work done to your body. Anesthesia errors may also result in moderate or severe brain injury.
Injuries resulting from this type of malpractice includes, but is not limited to:
- Incorrect medication
- Incorrect dosage
- Improper administration of anesthesia
- Delayed administration of anesthesia
- Infections from defective anesthesia equipment
- Medical complications arising from defective anesthesia equipment
- Improper monitoring during surgery
- Using any instruments or anesthesia that cause allergic reaction in patients (when it’s clearly stated in the patient’s medical history)
Proving Anesthesia Malpractice Occurred
Every plaintiff, or person suing the anesthesiologist, has the burden of proving negligence. Negligence is the legal term that refers to the anesthesiologist being at fault for your injury. New Jersey has four elements, or facts, every plaintiff must prove to be successful in obtaining a recovery, such as:
A healthcare professional-patient relationship existed
You must show that the anesthesiologist was hired to take care of you during your surgical procedure. This shows that your anesthesiologist had a duty of care not to injure you.
Your anesthesiologist was negligent
New Jersey law requires you to compare what your anesthesiologist did to what other anesthesiologists would do in the same or similar circumstances. This element is traditionally proven through expert testimony. The expert can testify that another anesthesiologist would have provided different care than your anesthesiologist.
Your anesthesiologist’s negligence caused your injury
Since patients are typically sick or injured at the time they undergo surgery, the law requires you to show that his or her actions caused you additional injury.
Your injury led to damages
In some cases, Passaic County patients are injured, but it doesn’t cause any additional pain or medical bills. Thus, you must show the damages that resulted from the anesthesiologist’s negligence such as:
- Mental anguish
- Additional medical bills
- Lost wages
- Physical pain and suffering
You or your loved one trusts your anesthesiologist to provide you with safe, quality care. Fontanella, Benevento, Galluccio & Smith of Passaic County will help you receive the money you deserve.