Anesthesia is an essential part of surgery and many medical procedures, allowing patients to be comfortable and medical professionals to do their jobs. Fortunately, anesthesia medications, management, and administration is safer today than it ever has been before. However, poor anesthesia outcomes continue to happen sometimes due to anesthesia errors.

Patients should be active members of their own medical team and ensure that their anesthesiologist is aware of their medical history, surgical history, and allergies. Ultimately, though, the liability for the safety of the patient belongs to the anesthesiologist.

A Schenectady anesthesia error lawyer could help an injured patient file suit against a negligent anesthesiologist for any errors related to their conduct. If you are harmed because of an anesthesiologist’s mistake, get in touch with a persistent medical malpractice attorney to see what may be possible in your case.

Common Anesthesia Errors

When anesthesiologists and other health care professionals lack the experience or knowledge that they need to safely treat patients under their care, the stage could be set for an anesthesia error. Failure to properly review a patient’s history and lack of attention to detail can also lead to these types of errors.

Anesthesia errors can take on different forms in different situations. The most common ways such errors manifest include:

  • Receiving too much anesthesia medication
  • Receiving too little anesthesia medication
  • An improperly inserted endotracheal tube
  • Failure to provide proper monitoring while the patient is under anesthesia

Anesthesia Error Case Filing Requirements

The State of New York mandates two important filing requirements that potential plaintiffs and their Schenectady anesthesia error attorney must fulfill. Not following these requirements may lead to a case being dismissed from court.

As stated in New York Civil Practice Law & Rules § 214-a, anesthesia error victims who wish to pursue compensation for their injuries through the legal system must file their case no later than two years and six months from the date the error occurred. This requirement helps ensure the courts can rely on information and evidence that is current and easy to locate.

Certificate of Merit

When a case is filed, a certificate of merit must be filed with it. However, if there is not time to obtain such a certificate before the statute of limitations expires, a 90-day extension is allowed. According to NY CPLR § 3012-a, a certificate of merit must affirm that a plaintiff’s attorney has completed one of the following actions:

  • Consulted with a minimum of one health care expert in the same field as the defendant who believes the lawsuit has merit
  • Made at least three different good-faith attempts to consult with healthcare experts and been unable to meet the above requirement

This requirement helps discourage lawsuits that are frivolous or which have no medical or legal basis, allowing the courts to make time for cases that truly warrant legal action. Plaintiffs who hire an experienced anesthesia error lawyer in Schenectady can let their attorney handle the details while they focus on their healing and well-being.

Learn How a Schenectady Anesthesia Error Attorney Could Help

Anesthesia errors can cause a wide range of problems, some of which may be extremely serious. Patients and their families may be subjected to additional medical bills, lost wages, pain and suffering, and many other damages related to anesthesia errors.

If you or a loved one recently experienced an anesthesia error, you may find you are entitled to compensation for your injuries after speaking with a qualified Schenectady anesthesia error lawyer. In the best-case scenario, your attorney may be able to recover a sufficient settlement on your behalf without even going to court. Reach out for help today and start exploring your options.