(845) 802-0047Anesthesia is an invaluable tool for physicians to provide pain relief and sedation to patients with chronic pain or those who are undergoing surgery or a procedure. However, when it is used carelessly or inappropriately, anesthesia could be dangerous and even deadly. Medical professionals who use anesthetic drugs are liable for these side effects if they negligently caused them.
To ensure practitioners are held accountable for serious errors, injured patients could turn to an experienced Newburgh anesthesia error lawyer. With the help of a seasoned medical malpractice attorney, you might be able to collect monetary compensation for your suffering and injuries.
Act Before the Statute of Limitations Expires
Anyone who is negatively impacted by an anesthesia error has a limited amount of time to file their lawsuit. Under New York Civil Practice Law and Rules § 214-a, most patients have a limit of two years and six months after the date of the accident to file a lawsuit. If this statute of limitations passes and the patient does not file a lawsuit, they may lose their right to seek compensation under state law.
To help victims avoid missing the deadline and valuable evidence for their case in a timely manner, injured patients should contact a Newburgh anesthesia error attorney immediately after their injury.
Newburgh Anesthesia Error Damages
For those who have suffered anesthesia errors, there might be numerous damages and inconveniences both economic and non-economic injuries. Fortunately, plaintiffs are able to request damages that they and their anesthesia error lawyer in Newburgh believe apply to their case. Common forms of compensation claimed by anesthesia error victims include:
- Pain and suffering
- Loss of enjoyment of life
- Past and future medical bills
- Past and future lost wages and income
- Loss of consortium
- Loss of a bodily function
- Mental anguish
- Rehabilitation or long-term care costs
However, there are many other types of damages a plaintiff could claim in their lawsuit after an anesthesia error. Ultimately, it is the judge or a jury that would determine which damages are received and how much they are worth.
Compensation and Settlements
If the case settles and does not proceed to trial, their damages will be considered in settlement negotiations. It is not uncommon for both attorneys to attempt to settle before going to trial.
In settlement negotiations, the attorney for the plaintiff might try and demonstrate how the victim’s life has been altered. The opposing lawyer for the defendant often points out how they believe they are not liable or how they are not as liable as the plaintiff says they are.
Both sides could save time and money on a trial if the settlement negotiations are successful. When a settlement is received, the plaintiff signs official documents agreeing not to sue over the situation with the same defendant again.
Understanding Provider Negligence
Before the patient who suffered an anesthesia injury can recover monetary compensation, they must first establish that their injuries resulted from the negligence of their medical care provider. These negligent acts could involve a doctor who carelessly prescribed anesthesia when it was unnecessary. It could also involve a nurse who administered the wrong dosage. Finally, a medical facility could also face liability for these errors if their poor record keeping led to a mistake.
Regardless of which provider was ultimately negligent, there are four elements a plaintiff must prove to be successful. First, they must show the medical provider owed them a duty of care. This is rarely in dispute and medical doctors owe a duty to do no harm to their patients.
The second element requires proof that the duty was breached. A breach could happen in many ways. In the case of an anesthesia injury, breaching the duty of care could involve failing to monitor a patient or administering the wrong dosage.
The next step is referred to as causation. There must be a causal link between the provider’s error and the plaintiff’s injuries. In other words, the provider is not responsible for any damages they had no hand in causing.
Finally, a plaintiff in an anesthesia error case must show they suffered measurable damages. This could include anything from medical expenses to pain and suffering.
Compensation for Anesthesia Errors
Given the dramatic impact that an anesthesia error could have on a person’s life, the compensation that can come with these injury claims is often significant. No two claims are exactly alike, making it important for injured patients to understand what compensation they might be entitled to recover.
Medical Expenses
Medical costs often play a big part in anesthesia error cases. This is because many people injured in this way require extensive medical care in addition to the underlying health issue they were originally seeking treatment for. Serious injuries could lead to a lifetime of treatment, and a negligent care provider could be responsible for the cost of that treatment.
Lost Wages
Dealing with injuries from anesthesia errors can take time. For some people, it could be weeks or months before they are able to return to work. For others, their injuries could be so serious that they are disabled permanently.
A lawsuit against the negligent medical care provider could help the patient recover the wages they missed out on. This includes not only the wages lost prior to filing suit but also potential future lost wages as well.
Some people living with injuries from an anesthesia error will never be able to maintain their previous level of employment. This could lead that person to lower-paying work than they had before. Compensation could also be available for their diminished earning capacity.
Pain and Suffering
Coping with medical injuries can involve severe physical suffering. This pain would not have occurred but for the carelessness of the care provider. A successful injury claim could recover a monetary award for the patient’s pain and suffering following an anesthesia error.
Help from a Qualified Newburgh Anesthesia Error Attorney
Anesthesia errors have the potential to be devastating and life-altering for the patients they impact. While a settlement for what you experienced does not undo the damage you experienced, it may help mitigate any problems resulting from the anesthesia error.
Remember that you only have a pre-determined amount of time to file your lawsuit. Call a dedicated Newburgh anesthesia error lawyer today to get your case started.