When consulting with your health care providers about undergoing elective surgery to address a medical condition, you probably discussed the details regarding anesthesia. Though generally safe, there are always risks involved when you are unconscious and many of your body’s functions slow down. One of the most extreme dangers is the development of a respiratory complication termed anesthesia aspiration, a condition where stomach contents or other materials enter the lungs during anesthesia.
If you suffered harm because of anesthesia aspiration or complications after the adverse event, it is possible that physician error was a cause or contributing factor. As such, it is important to consult with a Miami anesthesia errors attorney about your options.
Understanding Anesthesia Aspiration
Anesthesia aspiration may occur because of the body’s response to general anesthesia when undergoing a major surgery, particularly thoracic surgery – i.e., any procedure pertaining to the chest. Anesthesia aspiration happens when you inhale your own gastric contents, either in fluid or solid form.
Because you are unconscious, you cannot clear your lungs; with functionality extremely slowed, your body cannot eliminate the obstruction on its own. The situation leads to hypoxia, a lack of oxygen to the brain.
According to Thoracic Surgery Clinics, this life-threatening, potentially fatal issue occurs in approximately 1 out of every 2,000 to 3,000 procedures that require anesthesia.
While a patient who suffers anesthesia aspiration is at risk of serious harm when the event occurs, there are also complications after the event. Patients who aspirate during a procedure can develop conditions like:
- Chemical pneumonitis, which is inflammation of the lungs due to substances like stomach acid
- Aspiration pneumonia, which is a type of lung infection from bacteria in the throat and mouth
- Acute respiratory distress syndrome (ARDS), which is a severe and potentially life-threatening respiratory failure
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Anesthesia Aspiration and Physician Negligence
Being a serious, possibly fatal medical condition, anesthesiologists are well aware of the implications and importance of preventing aspiration. Even before a procedure, a physician must implement advanced anesthetic practices and identify risk factors that could cause a patient to inhale gastric contents. For instance, a person should never be prepped for surgery if they:
- Complain of nausea
- Present with a bloated or distended abdomen
- Recently consumed food or drink
Besides going forward with a procedure in the presence of these factors, there are other ways an anesthesiologist may negligently cause anesthesia aspiration. The physician should constantly monitor the patient and consider inserting a nasogastric tube, to decompress the stomach, preventing gastric contents from entering the lungs.
When anesthesia aspiration is linked to negligence, in the sense that the doctor’s actions deviated from medically accepted standards, you may qualify to pursue a medical malpractice claim.
Additional Risk Factors for Anesthesia Aspiration
Anesthesiologists and other medical providers must consider all risk factors before a patient undergoes a procedure. Some health conditions can increase the chances of anesthesia aspiration, but providers can monitor the patient and take additional precautions to prevent harm. These include:
- Obesity
- Gastroesophageal reflux disease (GERD)
- Pregnancy
- Diabetes
These and other conditions can require special attention and considerations. For example, patients with diabetes or who are pregnant could experience “delayed gastric emptying.” This means that the contents of their stomachs take longer to move into the small intestine, increasing the risk of aspiration while under anesthesia.
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How Can I Tell if My Pulmonary Aspiration is a Sign of Physician Negligence?
As with any medical malpractice case, determining if a medical professional is at fault is complex. There are many factors at play, and not every incident of aspiration is inherently a sign of negligence.
A medical malpractice lawyer must look at four key elements to determine if negligence occurred:
Did the Physician Owe You a Duty of Care?
Typically, there is an established patient-physician relationship, and they must provide care to the standard expected of their profession. The standard of care can differ based on the circumstances and the role of the provider, and a lawyer must be able to establish this baseline of care. They work with other medical experts in the same field or specialty to determine what a reasonably careful provider would have done in the same situation.
Did the Physician Breach the Standard of Care?
Using this expert to establish the standard, an anesthesia errors lawyer must prove that the physician deviated from the standard. This could mean the physician did not give the patients clear instructions for fasting before a routine procedure, or they did not monitor the airway or breathing of a high-risk patient.
Was the Physician’s Action the Direct Cause of Harm?
Physicians may try to claim that your injuries were unavoidable, or that you did not inform your medical team of health conditions that put you at risk of aspiration. A medical negligence lawyer must be able to link the physician’s error to your harm.
Do You Have Losses and Injuries Associated With the Anesthesia Aspiration?
Evidence such as medical records, billing statements, and testimony from medical professionals and families can help prove that you have losses stemming from the provider’s negligence. You may be able to seek compensation for:
- Current medical bills, including hospital stays, emergency room visits, and treatment
- Future medical expenses you may have to continue treatment of any complications related to your aspiration injuries
- Pain and suffering and emotional anguish from your injuries
- Lost income and earning potential, if your injuries prevent you from working or going back to work
Each of these elements is important to your case, so let an experienced anesthesia errors lawyer help you take action and hold providers accountable for your harm.
Our Florida Anesthesia Errors Lawyer Can Advise You on Your Options
If you or a loved one experienced anesthesia aspiration due to health care provider negligence, it is critical to discuss your legal remedies with an attorney. You have a limited time to act under Florida’s statute of limitations, so the sooner you contact us, the better.
Our team at Freidin Brown, P.A. focuses on medical malpractice cases, so we can advise you and assist with the process. We have offices in Miami and Fort Myers, but can serve anesthesia aspiration victims throughout Florida. For more information, please contact our offices to set up a no-cost case review with our team.
