According to a Medscape Malpractice Report, many anesthesiologists are sued for medical malpractice each year. Oftentimes, an anesthesiologist can administer the wrong dose, improperly intubate or fail to give the patient proper instructions prior to surgery. If the patient is not monitored and complications go unnoticed, the result could be significant nerve damage. How do you know if the anesthesiologist or hospital is at fault for medical malpractice?
How to Prove Medical Malpractice Occurred
The following steps help prove that medical malpractice took place, yet they can often be difficult to confirm. If you believe you have a case, hire an attorney to help you confirm:
- The existence of a doctor-patient relationship
- That negligence occurred on behalf of the doctor
- The doctor’s failure to provide quality care caused an injury or other damage
- Pre- or post-operation harm occurred as a result of the negligence
How to Prove the Anesthesiologist Was Liable
In many anesthesiology error cases, it can be hard to determine who was at fault. In order to prove that the anesthesiologist was negligent, resulting in your nerve damage or other complications, your attorney may:
- Consult an expert medical witness
- Identify the risk factors of the type of anesthesia you received:
- General: To prompt complete unconsciousness prior to surgery
- Regional: To numb the nerves in a particular area of the body
- Local: To numb the immediate spot where surgery is being performed
- Assess the complication rate of your type of anesthesia
- Review the surgical notes from your procedure
How to Prove the Hospital Was Liable
There are a few instances in which the hospital rather than the anesthesiologist can be found at fault, including:
- The anesthesiologist is employed by the hospital, which is referred to as vicarious liability in a medical malpractice claim.
- The anesthesiologist is an independent contractor for whom the hospital is responsible for hiring and supervising.
- The hospital’s anesthesiology equipment failed.
Doctors take an oath to meet the Standard of Care, or what is reasonably expected of them as a care provider. If you or a loved one was the victim of an anesthesiology error, contact our experienced medical malpractice lawyers today to pursue your claim.
