Every day, thousands of people in Lansing and surrounding communities of Michigan trust all types of medical professionals to provide safe and effective treatments. Unfortunately, while most medical professionals uphold their duty to do no harm to their patients, others cause tremendous harm through negligence, incompetence, and even criminal action. Anesthesia is a necessary component of many medical treatment procedures, and it is crucial for the medical team administering anesthesia to follow the standard of care for their patient and execute their professional duties in good faith.
Patient harm can occur in multiple ways, and it’s possible for an anesthesia error to be severely damaging to the patient. Various forms of anesthesia are used regularly in modern medicine, each with potential benefits and risks. While honest mistakes can and do occur, medical professionals must acknowledge and take responsibility for such events, providing the necessary corrective treatment the patient requires. Any injury resulting from the negligent application of anesthesia or intentional misconduct can form the basis of a medical malpractice case.
Goethel Engelhardt, PLLC, has years of experience guiding clients through a wide range of medical malpractice cases in Lansing, including those generated by the negligent application of anesthesia. If you or a relative is struggling with medical complications from a botched surgery, misapplication of anesthesia, or any other incident of medical negligence, it is crucial to find legal representation you can trust to guide you through the complex legal proceedings you face.
Medical professionals use various forms of anesthesia to minimize pain and discomfort for patients facing many types of procedures. However, general anesthesia, or anesthesia that renders a patient completely unconscious, carries the highest degree of risk, and the patient requires constant monitoring while under the effects of anesthesia. The care team must also review the patient’s medical records to check for potentially harmful interactions with current medications or risks pertaining to their preexisting medical conditions.
Any negligent application of anesthesia can potentially result in devastating harm to the patient. Brain damage is possible if the patient’s oxygen level drops too sharply while under the effects of anesthesia, and a host of other complications can manifest in various areas of the body. Traumatic brain injuries, organ failure, and dangerous interactions are all possible results of anesthesia errors. It is also possible for an improper dosage to cause a fatal injury to the patient.
A medical malpractice claim may technically fall under the purview of personal injury law, but there are unique laws pertaining to medical malpractice that you must understand if you want to have the best chance of success with your case. First, you must obtain an affidavit of merit from a healthcare practitioner who holds similar qualifications to the defendant. They must attest to how the defendant failed to meet the patient’s standard of care and what they should have done differently. This affidavit must be accompanied by a Notice of Intent to File Suit and submitted to the defendant at least 182 days prior to the actual filing of the claim.
A successful medical malpractice suit can potentially yield compensation for all the economic losses the victim sustained because of the defendant’s malpractice, including all immediate and future medical care they will require due to the defendant’s actions. Goethel Engelhardt, PLLC, can help you meet the procedural requirements of your case and maximize the compensation you secure from the defendant.
The standard statute of limitations for medical malpractice suits in Michigan is two years from the date a medical injury occurs. Alternatively, the discovery rule may apply if the cause of an injury isn’t immediately determinable or if the defendant took steps to conceal their actions. If a victim discovers an injury after the date it occurred, the statute of limitations may shift to six months from the date of discovery.
Every surgical procedure entails a margin for error, and some surgical procedures are more complex than others. If surgery fails, this does not necessarily mean that malpractice has occurred. However, if the surgery failed because of the surgeon’s incompetence, negligence, or any intentional misconduct, it’s essential to consult experienced legal counsel to help you build your case.
Administration of any anesthesia requires strict adherence to the standard of care that applies to the patient’s condition. Anesthesiologists must review patients’ medical records and account for potential drug interactions and allergic reactions. While a patient is under the effects of anesthesia, the anesthesiologist must monitor their vital signs and appropriately address any indications of distress. Proving anesthesia malpractice requires evidence that the patient’s medical team caused an anesthesia-related injury through incompetence or some specific failure to meet the patient’s standard of care.
Michigan law enables the plaintiff of a successful anesthesia malpractice case to seek compensation for all the economic damages they suffered because of the defendant’s actions. These economic damages generally include medical expenses related to fixing the defendant’s error, the plaintiff’s diminished quality of life, and compensation for their lost income and earning potential. In addition, plaintiffs may also recover pain and suffering compensation, but this aspect of their recovery is limited by state law.
It is technically possible to file a suit without legal counsel, but the claimant would be unlikely to succeed with this complex civil suit. A medical malpractice case involves multiple procedural requirements the average person will not be able to suitably address on their own. The best thing to do after an anesthesia error injury is to connect with a reliable medical malpractice attorney familiar with cases similar to yours.
Goethel Engelhardt, PLLC, provides comprehensive legal counsel to Lansing-area clients facing difficult medical malpractice cases, including those pertaining to anesthesia errors. A medical malpractice case is very different from most other civil claims for damages filed in the state each year. It’s crucial to have experienced legal representation on your side to succeed with your impending case. Contact Goethel Engelhardt, PLLC, today and set up a consultation with a Lansing anesthesia error attorney to learn more about our legal services.
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Ann Arbor, MI 48103