Switch to ADA Accessible Theme
Close Menu
Tampa Car Accident Lawyer
FREE Consultations Available
Tampa Car Accident Lawyers > Blog > Medical Malpractice > Anesthesia Errors: A Closer Look

Anesthesia Errors: A Closer Look


In Florida, anesthesia mistakes disproportionately affect elderly, male patients, but anyone can be a victim at any time.

Largely because of the high medical duty of care outlined below, a Tampa medical malpractice attorney might be able to obtain substantial compensation in an anesthesia error case. That compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages are normally available as well, if there is clear and convincing evidence that the anesthesiologist intentionally disregarded a known risk.

Medical Duty of Care

Typically, people have a duty of reasonable care in negligence cases. For example, noncommercial drivers must obey the rules of the road and avoid accidents when possible.

Doctors, however, usually have a fiduciary duty. They must set aside all other concerns and only do what is best for their patients. In practical terms, what might pass as a one-off accident in some contexts is actionable negligence in a medical malpractice claim.

Expert testimony is usually important to establish the standard of care and also establish the anesthesiologist’s breach of care. The best expert witnesses are knowledgeable in their fields and are able to connect with jurors. Only a select few people meet both these needs.

Common Anesthesia Errors

Generally, there are three steps in the anesthesia process. The physician must interview the patient and determine the proper approach. Then, the anesthesiologist must administer the medication. Finally, the anesthesiologist must monitor the patient.

Mistakes can occur during any of these phases, especially since in many cases, things happen very quickly. That’s especially common in labor and delivery situations. Some examples of anesthesia mistakes include:

  • Overdose/Underdose: Too much medicine, and the patient might have trouble breathing during the procedure or the patient might not wake up at all. Not enough medication, and the patient might almost literally wake up in the middle of a nightmare.
  • Anaphylactic Reactions: Some people have severe reactions to certain substances and certain medicines. Since most people have never had surgery before, the doctor is almost totally dependent on medical records to determine medication allergies. So, a cursory review is not enough.
  • Inadequate Monitoring: Many anesthesiologists do not accompany their patients to the operating room. Some do not even remain at the hospital. A few even disable monitor alarms so they will not be disturbed.

All these errors clearly fall below the standard of care. So, the insurance company is hard-pressed to defend these claims in court.

Resolving Medical Malpractice Claims

Most of these claims settle out of court. Unfortunately, even if liability is relatively clear, many of these cases do not settle straightaway. Instead, the insurance company drags its feet.

If that happens, most Hillsborough County judges refer the matter to mediation. A third-party mediation tries to facilitate a settlement between the victim and insurance company. If both sides negotiate in good faith, mediation is usually successful.

Contact Assertive Lawyers

Medical malpractice victims might be entitled to substantial compensation. For a free consultation with an experienced personal injury attorney in Tampa, contact The Matassini Law Firm. We do not charge upfront legal fees in these cases. www.matassinilaw.com


Facebook Twitter LinkedIn

The experience you need in your pursuit of justice

The greatest distinguishing feature among attorneys is their level of experience. Our firm has more than 60 years of legal experience, much of it spent in the courtroom at trial. As a result, our Tampa personal injury lawyers rarely encounter an unfamiliar situation and can thoroughly answer your urgent questions. Our criminal defense practice features a board certified criminal trial lawyer and two former prosecutors with impressive knowledge of trial tactics and procedures.

The resources to provide quality representation for the length of your case

Whether your case involves medical malpractice, an auto accident or a wrongful death, your attorney must be prepared to take the case all the way through trial to verdict. Many personal injury attorneys advance the cost of litigation, so they can only last so long before financial pressures start to mount. As a client, you have to wonder whether an attorney's advice to settle your case reflects the quality of the offer or your attorneys need to get paid. Fortunately, The Matassini Law Firm has the resources to pursue civil verdicts and settlements that reflect the actual value of your case.

Call our Tampa Bay car accident lawyers for a free consultation

A crisis in your life calls for capable and compassionate assistance. The Matassini Law Firm, P.A. addresses your needs all the way through the legal process. For your free initial confidential conference with one of our Tampa car accident attorneys, call us today at 813-217-5715 or contact us online.

Share This Page:
Facebook Twitter LinkedIn
Toll Free
2811 W. Kennedy Blvd., Tampa, Florida 33609