(845) 802-0047When used appropriately and with caution, anesthesia helps to relax patients during medical procedures and surgeries. Undergoing anesthesia can be frightening, especially if an error is made.
Studies have shown that approximately 34 deaths are attributed to anesthesia mistakes on an annual basis. If you or a loved one was injured after a mistake was made with anesthesia, you might be traumatized and unsure of how to proceed.
A Kingston anesthesia error lawyer might be able to help. By working with a skilled malpractice attorney, you could have help in assessing your legal circumstances and determining how to proceed.
What Are the Types of Anesthesia Errors?
Doctors and nurses who administer anesthesia—or those who help monitor patients receiving sedation—are trusted to maintain their safety at all times. This is because anesthesia inherently comes with risks that often cannot be changed.
When a medical professional is careless or makes an error, they could create additional unnecessary risks. These often include:
- Dosing error
- Patient monitoring failures
- Needlessly prolonged sedation
- Not recognizing and responding to complications
- Faulty vital sign equipment
- Muting or disabling the alarm on the pulse oximeter
- Not administering intubation, if necessary
As a result of these or other mistakes, a patient could suffer severe and even fatal injuries. However, when these injuries are the result of a doctor’s negligence, an injured patient—or their surviving family members, in the event of a death—might benefit from hiring a compassionate anesthesia error lawyer in Kingston to investigate the circumstances of an accident.
Important Elements of an Anesthesia Injury Case
For a successful case, an injured claimant and their attorney must be able to prove that a medical professional was negligent in their care. To do this, important elements must be shown to a jury or judge. These key elements include:
- Duty—the anesthesiologist owed a duty of care to the patient, to make reasonable decisions for their care, as any other professional in their situation would
- Breach of duty—the medical professional was negligent in their actions and, therefore, violated this duty
- Proximate cause—this breach of duty is linked directly to an accident or incident
- Damages—this accident directly caused the plaintiff to suffer injuries and other associated damages
Why is it Crucial to Have a Lawyer?
It should be noted that even when injuries are apparent, it can be difficult to demonstrate fault legally. This could be especially difficult for traumatized or underrepresented claimants. A seasoned Kingston attorney could help a person injured after an anesthesiologist’s error to gather evidence for a persuasive claim.
Deadlines for Filing a Claim in Kingston
It is crucial for anyone looking to file a claim to understand the statute of limitations in New York. Under New York Civil Practice Law and Rules § 214-a, a claim should be filed within two years and six months from the date where the error occurred.
While there might be exceptions to this timeframe—such as when a surgical instrument was left inside the patient—an injured person with a potentially valid claim runs the risk of facing a dismissal once the statute of limitations expires. A proactive anesthesia error attorney could work tirelessly to collect the necessary documentation to try to file a claim that satisfies this timeframe in Kingston.
Reach out to a Kingston Anesthesia Error Attorney for Help
An anesthesia error might leave patients, and their families overwhelmed and frightened. If you were injured or suffered a worsened condition to an anesthesiologist’s mistake, you should not have to bear the subsequent costs alone.
A Kingston anesthesia error lawyer might be able to help. A steadfast attorney could work tirelessly to gather evidence, assess your circumstances, and file a claim to request compensation for your losses. To learn more, call a legal professional today.