Insight

Anesthesia Error Malpractice Lawsuits

Anesthesia Error Malpractice Lawsuits

Lawrence J. Buckfire

Lawrence J. Buckfire

November 10, 2021 02:08 PM

By: Lawrence J. Buckfire, President & Lead Trial Attorney

Medical malpractice lawyers often file lawsuits against hospitals and anesthesiologists when a patient suffers injury due to a medical error. These errors can result in permanent brain damage and even death. Many of these injuries are preventable with a proper pre-surgery evaluation and proper monitoring during the procedure.

While there are potential risks involved in every surgical procedure, the risks associated with anesthesia are generally lower than other known complications. Typically, a pre-evaluation is done by the anesthesiologist to obtain an accurate medical history and determine the best course to follow for the administration of anesthesia drugs. This helps decide if there are any anticipated problems or issues that might arise during the procedure.

Just prior to the procedure, a CRNA and the anesthesiologist meet with the patient to again review the procedure. It is necessary to confirm the existence of any potential allergic reactions or other conditions that may adversely the patient during the procedure or post-operatively. For high-risk patients, increased vigilance in monitoring may be required as well.

Unfortunately, there are circumstances when a patient suffers an anesthesia-related injury. These injuries can be related to a medical error, but sometimes occur even when the physicians do everything properly before and during the procedure. Complications can occur even with the best provided medical care.

The most common anesthesia errors during a medical procedure:

  • Abnormal reaction to drugs
  • Failure to properly monitor the patient during the surgery
  • Use of the wrong anesthesia medication
  • Allergic reaction to anesthesia during the procedure
  • Improper intubation by the anesthesiologist

When a patient suffers an injury or dies during surgery from an anesthesia mistake, there is a basis to file a medical malpractice lawsuit. These cases allege that the medical providers were negligent in their care of the patient and the error caused a serious injury or death. Both of these elements must be proven in order to achieve a successful outcome in the case.

It is necessary to hire an experienced medical malpractice attorney to review the records to determine if there is a meritorious case. Most skilled attorneys are able to initially screen the case for merit from their own review. But ultimately, a medical expert is required to provide an opinion on medical negligence and the resulting cause of the injury or harm.

If a medical expert determines the case is meritorious, the next step is often to file a lawsuit. Many states require formal written notice of the claim to all medical providers prior to the filing of the suit and some states even require that a panel first approve the case for filing. Most of these cases are vigorously defended by the doctors and hospitals so it is essential to have a strong and credible expert witness to support the claim made in the lawsuit.

These lawsuits demand compensation for the harms and losses caused by medical negligence. For a brain injury or other incapacitating condition, settlements seek monetary compensation for the physical suffering, mental anguish, and disability caused by the condition. Suits also demand payment of medical bills, lost earnings, and other financial losses incurred by the patient.

In the event of death, the family members can file a wrongful death case. These cases demand compensation for the loss of the loved one by family members. They also demand damages for loss of future earnings, financial support, and other financial losses.

Related Articles

A Record Settlement


by Justin Smulison

Rouda, Feder, Tietjen & McGuinn

A Record Settlement

What Constitutes Psychological and Physical Brain Impairment?


by Neinstein

Components of a Brain Injury: Apportionment, Double Counting and Allen

Understanding Brain Impairment

Public Health Reform: What does the future look like for patients?


by Vanessa Mellis

Increased government stewardship and a stronger user orientation are two of the key elements shaping this process.

Public Health Reform

Trending Articles

Introducing the 2026 Best Lawyers Awards in Australia, Japan, New Zealand and Singapore


by Jennifer Verta

This year’s awards reflect the strength of the Best Lawyers network and its role in elevating legal talent worldwide.

2026 Best Lawyers Awards in Australia, Japan, New Zealand and Singapore

Revealing the 2026 Best Lawyers Awards in Germany, France, Switzerland and Austria


by Jamilla Tabbara

These honors underscore the reach of the Best Lawyers network and its focus on top legal talent.

map of Germany, France, Switzerland and Austria

Effective Communication: A Conversation with Jefferson Fisher


by Jamilla Tabbara

The power of effective communication beyond the law.

 Image of Jefferson Fisher and Phillip Greer engaged in a conversation about effective communication

The 2025 Legal Outlook Survey Results Are In


by Jennifer Verta

Discover what Best Lawyers honorees see ahead for the legal industry.

Person standing at a crossroads with multiple intersecting paths and a signpost.

The Best Lawyers Network: Global Recognition with Long-term Value


by Jamilla Tabbara

Learn how Best Lawyers' peer-review process helps recognized lawyers attract more clients and referral opportunities.

Lawyers networking

Jefferson Fisher: The Secrets to Influential Legal Marketing


by Jennifer Verta

How lawyers can apply Jefferson Fisher’s communication and marketing strategies to build trust, attract clients and grow their practice.

Portrait of Jefferson Fisher a legal marketing expert

Is Your Law Firm’s Website Driving Clients Away?


by Jamilla Tabbara

Identify key website issues that may be affecting client engagement and retention.

Phone displaying 'This site cannot be reached' message

A Guide to Workers' Compensation Law for 2025 and Beyond


by Bryan Driscoll

A woman with a laptop screen reflected in her glasses

Medical Malpractice Reform Trends in Texas, Utah, Georgia and SC


by Bryan Driscoll

A fresh wave of medical malpractice reform is reshaping the law.

Medical Malpractice Reform Trends hed

Why Jack Dorsey and Elon Musk Want to 'Delete All IP Law'


by Bryan Driscoll

This Isn’t Just a Debate Over How to Pay Creators. It’s a Direct Challenge to Legal Infrastructure.

Elon Musk and Jack Dorsey standing together Infront of the X logo

Best Lawyers Launches CMO Advisory Board


by Jamilla Tabbara

Strategic counsel from legal marketing’s most experienced voices.

Group photo of Best Lawyers CMO Advisory Board members

Changes in California Employment Law for 2025


by Laurie Villanueva

What employers need to know to ensure compliance in the coming year and beyond

A pair of hands holding a checklist featuring a generic profile picture and the state of California

Common Law Firm Landing Page Problems to Address


by Jamilla Tabbara

Identify key issues on law firm landing pages to improve client engagement and conversion.

Laptop showing law firm landing page analytics

New Employment Law Recognizes Extraordinary Stress Is Everyday Reality for NY Lawyers


by Bryan Driscoll

A stressed woman has her head resting on her hands above a laptop

Best Lawyers Introduces Smithy AI


by Jamilla Tabbara

Transforming legal content creation for attorneys and firms.

Start using Smithy AI, a content tool by Best Lawyers

How to Create High-Converting Landing Pages for Your Law Firm


by Jamilla Tabbara

Learn how to create high-converting law firm landing pages that drive client engagement and lead generation.

Laptop screen displaying website tools to improve client conversion rates