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Whether you are receiving topical anesthetic for a minor procedure or being put under general anesthesia for a major surgical operation, it is immensely important for your doctors and anesthesiologists to ensure you get the right type and amount of anesthetic for your needs. Too little anesthetic can turn what should have been a simple surgery into an excruciating ordeal, and too much anesthetic can cause permanent or even life-threatening harm.
If you were injured through one of these two types of mistakes or any other error involving anesthesia, you should strongly consider contacting a seasoned medical malpractice attorney to discuss a possible civil claim. With an Erie anesthesia errors lawyer from Lowenthal & Abrams on your side, you will be able to more effectively pursue fair financial restitution for the harm you have suffered, and you will have a much higher chance of achieving a favorable final case result.
Proving an Anesthesiologist Violated Their Standard of Care
The administration of anesthetics is an extremely high-stakes and complex science, mainly because no two patients respond to anesthesia in exactly the same way. What might be too little anesthetic for one patient might be a lethal amount to another. That said, the fact that a patient suffered adverse effects from anesthesia is not enough all on its own to justify a lawsuit. The patient must also be able to show that they were hurt specifically because one of their doctors failed to meet the standard of care they owed them.
Furthermore, courts will not just take an injured patient’s word for it that their doctor harmed them by acting in a way that no other equally qualified physician would have acted under the same circumstances. As an Erie attorney can further explain, state law requires prospective malpractice plaintiffs to file a certificate of merit alongside their initial complaint regarding anesthesia mistakes. This is a document signed under oath by a medical professional with relevant experience, affirming that their review of available evidence makes them reasonably confident that legally actionable malpractice occurred.
What Filing Deadlines Apply to Anesthesia Error Claims?
Fortunately, Pennsylvania differs from many other states in that state law here does not establish caps on how much money someone injured through an anesthesiologist’s mistake can demand for their losses. However, state law does set strict time limits for cases of this nature, and a plaintiff who fails to abide by this statute of limitations will almost certainly have their case dismissed as soon as it reaches a civil court judge.
Most of the time, malpractice victims have two years to file suit, starting from the date on which the malpractice actually occurred. Importantly, though, this deadline can be tolled, or extended, if an injured person did not discover and could not have reasonably discovered they were harmed through malpractice until some time after that malpractice occurred. This delayed discovery can happen with anesthesia errors, but an Erie lawyer can help explain the situation in court if needed.
Speak With an Erie Attorney About Your Legal Options After an Anesthesia Mistake
Being put under anesthesia prior to surgery can be a very unnerving experience, but it should never be a dangerous one. As you and your family may have learned the hard way, though, anesthesiologists are human beings just like all other healthcare providers, and human beings can make mistakes with life-altering consequences for people entrusted into their care.
You have support available from a knowledgeable Erie anesthesia errors lawyer who will demand every cent of restitution you deserve for the harm you should never have suffered. Call Lowenthal & Abrams today for a free consultation.
