Anesthesia mistakes occur when a medical professional administering anesthesia deviates from standard practice during a medical procedure, causing the patient harm. Such errors may occur before, during, or after surgery and are typically preventable.
Although modern medicine and anesthesia are highly safe, mistakes can cause severe harm with lasting consequences. If you have suffered injury due to a doctor’s negligence, an experienced medical malpractice attorney could help you seek compensation to support your family while you recover. Contact Schlack & Bassmaji today to schedule a consultation with a Waukegan anesthesia errors lawyer from our legal team.
Some of the most typical causes for anesthesia errors include the following:
Not all anesthesia mistakes are the result of medical malpractice. As such, a claim must establish that the provider breached the accepted standard of medical care and that this breach directly caused you to sustain bodily harm. Our seasoned Waukegan attorneys could investigate the anesthesia error, gather evidence, and conduct a careful analysis to determine whether the elements of medical malpractice exist.
Medical malpractice is a form of professional negligence. According to the Illinois Pattern Jury Instructions Civil No. 105.01, successfully establishing liability requires proving that four elements exist, as described below.
Duty of care requires showing the existence of a doctor-patient relationship, which creates a legal obligation for the provider to give treatment consistent with the accepted standard of health care. This means they must provide the level of care that any other reasonably competent doctor in the same field would provide under similar circumstances.
Demonstrating that a breach of legal responsibilities occurred requires showing that the defendant’s actions deviated from or violated the standards. You could typically prove this through evidence, such as expert testimony.
Establishing causation in civil court requires evidence that the health care provider’s breach was the direct and proximate cause of your injuries. This requires showing that the defendant’s deviation from the standard played a substantial factor in causing the harm.
The final element of medical malpractice is evidence of damages, which involves showing that you sustained verifiable injuries and losses as a result of the medical services you received. Examples include proof of:
One of our Waukegan lawyers could review your claim to determine if you have evidence of the four elements needed for an anesthesia error claim.
The medical malpractice statute of limitations is two years from the date of the incident. Under the discovery rule, this time begins on the date you knew, or should have known, of the injuries caused by the medical services, through reasonable diligence. Another essential deadline, called the statute of repose, states that you may file no malpractice action more than four years after the date of the negligent act or omission, regardless of when you discovered the harm.
Therefore, you must file the lawsuit within two years of discovery, but you may file no suit later than four years from the date of the incident. Our knowledgeable medical malpractice lawyers in Waukegan could handle the investigation and legal work, including the filings, to ensure compliance with these regulations.
A preventable mistake during a medical procedure, such as anesthesia administration, can have severe, costly, and long-term consequences. Therefore, holding the health care provider legally and financially responsible is vital.
Contact a Waukegan anesthesia errors lawyer with Schlack & Bassmaji today to ensure there is ample time to prepare your case. Our bilingual team could review the facts and answer your questions, ensuring you are awarded the compensation you need to support your family and recover from your injuries.
