Surgical anesthesia is not a single event. Instead, it’s a process. Things often go wrong at different points in this process.
Highly-trained, and highly-paid, anesthesiologists must thoroughly review patient records, as well as the nature of the pending procedure, and determine the right type and amount of medication. An error in either area could have tragic consequences for patients and their families. Then, during the procedure, anesthesiologists must remain available, in case something goes wrong. They certainly cannot ignore or disable calls or alarms. Then, as the patient recovers, anesthesiologists must remain on standby. Surgical recovery often doesn’t go by the book.
The experienced Port St. Lucie anesthesia error lawyers at Freidin Brown, P.A. routinely handle these matters throughout the Treasure Coast. Therefore, we have developed proven methods that obtain life-changing results for our clients. These results usually include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
Additional punitive damages are usually available in these matters as well. A large punitive damages award forces anesthesiologists and other doctors to change the way they do business and put patient health and safety above all other priorities.
Evidence in Medical Malpractice Claims
All this compensation is available if a Port St. Lucie anesthesia error lawyer establishes negligence, or a lack of care, by a preponderance of the evidence, or more likely than not. Witness statements and medical records are usually the key pieces of evidence in medical malpractice claims.
Witnesses testify about what the doctor did, and usually more importantly, what the doctor did not do. Frequently, during discovery, these witnesses testify during depositions. Deposition testimony is a little like trial testimony, except the proceeding usually takes place in a lawyer’s office and no judge or jury is present.
Insurance company lawyers often use depositions to probe for weaknesses in witness testimony and corner the witness into making inconsistent statements. Intensive preparation usually addresses these areas. However, it’s important not to go too far, or the witness’ testimony will sound rehearsed.
Medical records contain important diagnosis, prognosis, treatment, and cost information. Additionally, most medical records include doctor and nurse treatment notes. These notes usually indicate things like a patient’s pain level and overall attitude at certain times.
Attorneys often partner with independent doctors, who review these records. These reviews enable these doctors to estimate important items, like the need for future medical treatment. Sometimes, a doctor must physically examine a victim, in addition to reviewing the paperwork in the case.
Injured by Anesthesia Error in Port St. Lucie? Get a Free Legal Consultation Today!
Negligence Defenses
Most doctors demand that most patients sign consent forms. These forms almost always contain liability waivers, which form the basis of the assumption of the risk defense. Legally, this defense has two prongs. Let’s break them down.
First, the victim must voluntarily assume a risk. A consent form or liability waiver is usually a take-it-or-leave-it contract of adhesion. The anesthesiologist won’t provide services unless the patient signs the waiver as is. That’s not a voluntary agreement.
Second, the victim must assume a known risk. Most patients have little or no idea about the possible effects of various anesthesia medicines. Unless the risk is laid out in the document, and it usually isn’t, the risk was unknown as opposed to known.
Contact a Dedicated St. Lucie County Lawyer
Injury victims are entitled to substantial compensation. For a free consultation with an experienced Port St. Lucie anesthesia error lawyer, contact Freidin Brown, P.A. We routinely handle matters throughout the Treasure Coast area.
