Marietta Anesthesia Error Lawyer
Just like other medical devices and tools, anesthesia must be used carefully and appropriately. When it is not, serious and even deadly errors could occur requiring the dedicated services of an experienced Marietta anesthesia error lawyer. Fortunately, experienced attorneys could work as a team to draft a case against irresponsible medical providers.
What Is An Anesthesia Error?
Anesthesiologists and their staff must adhere to certain standards of care when providing a patient with anesthesia. When they fail to do so, they risk liability and have likely provided substandard care.
The most common types of anesthesia administration errors are:
- Administering an incorrect dosage,
- Improperly intubating the patient,
- Failing to monitor the patient properly or failing to recognize complications as they develop,
- Disabling the alarm on the pulse oximeter whether by accident or on purpose,
- Failing to monitor the oxygen delivery to the patient,
- Failing to provide the patient with proper instructions on how to prepare for surgery, and/or
- Failing to periodically move the patient to avoid putting too much pressure on specific parts of the body.
A Marietta anesthesia error attorney could assist victims of negligence seek recovery by holding wrongful parties accountable. No matter what type of error was made, it is worth speaking to an attorney to determine if there is a valid claim for recovery. Experienced attorneys could seek the assistance of an in-house physician whose analysis could give attorneys an advantage in court.
Liability for Anesthesia Errors in Marietta
Liability for an anesthesia error has the potential to be complex depending on the reasons for the error and the employment status of the staff that made the error. For example, if the anesthesiologist is an independent contractor not employed by the hospital, the hospital could still be held liable for:
- Negligent hiring and supervising of the anesthesiologist, or
- Faulty equipment if the negligence occurred due to an anesthesia equipment failure.
In addition to the hospital’s liability, an experienced anesthesia error attorney can help identify the practice group that employs the anesthesiologist and who would be responsible for his or her acts. After substantiating liability, a victim’s attorney could then move toward having wrongdoers compensate victims for their losses. Fortunately, in 2010, the Georgia Supreme Court removed limits on non-economic damages which could mean more compensation for victims of anesthesia errors.
Marietta Affidavit of Expert Requirement
All cases involving medical errors in the state of Georgia require that an affidavit of merit be filed with the lawsuit per O.C.G.A. § 9-11-9.1. By mandating such an affidavit, the state could cut down on wasting time and money on lawsuits that are frivolous and without merit.
The affidavit of expert must be completed by a qualified medical expert who gives his or her sworn opinion as to the negligent acts committed by the health care provider in the case. Additionally, it must include the medical expert’s factual basis for his or her opinion.
If obtaining the affidavit of an expert would keep the victim’s anesthesia error lawyer in Marietta from filing a case within the two-year statute of limitations (O.C.G.A § 9-3-71), a 45-day extension may be granted under very limited circumstances. If this important case document is not filed, the case could be dismissed by the judge.
Reach out to a Marietta Anesthesia Error Attorney
When medical professionals fail to put their patients’ well-being first, victims need to turn to an attorney who does. A Marietta Anesthesia error lawyer could gather necessary expert testimony, draft a lawsuit against all negligent parties, and present the findings in court with cutting-edge technology. Call at any time to speak directly with an attorney for a free case evaluation.
