For many people, the scariest part about having any medical procedure done
is going under anesthesia. Anesthesiologists play a vital role in ensuring
that the process goes smoothly. If they make a careless error, the consequences
can be devastating for the patient. Like other physicians, anesthesiologists
owe every patient a duty to abide by the appropriate standard of care.
If you have been injured by a negligent physician in the Baltimore area,
you should seek the help of a
medical malpractice lawyer at Wais, Vogelstein, Forman & Offutt. We have over 100 years
of combined experience handling virtually every type of medical malpractice
case, including those arising from anesthesia problems. We can put this
knowledge and experience to use in pursuing the compensation that you need.
Holding an Anesthesiologist Accountable for Negligence
Anesthesia errors may include providing too much or too little anesthesia,
medication errors, delayed anesthesia delivery, lack of oxygen, and preventable
allergic reactions. Another problem that could arise in this area is “anesthesia
awareness,” when a patient is fully awake yet unable to move or
inform the doctor about what he or she is experiencing. This condition
may occur if the anesthesia is ineffective, wrongly delivered, or poorly
controlled. It can inflict serious emotional trauma and psychological
damage to the patient.
People who have been hurt due to the negligent administration of anesthesia
can take legal action against the anesthesiologist and, in some cases,
the hospital or medical facility for which the individual works. Typically,
the injured party can file a medical malpractice claim. Medical malpractice
is a type of negligence action, which requires a patient to show that
a health care provider breached the relevant standard of care. This is
comprised of the generally accepted procedures and practices used by medical
professionals in good standing within the same geographic area and field
of specialty as the defendant. The standard of care usually must be established
by expert testimony and will vary depending on the details of the case,
including the patient’s age, condition, and medical history, as
well as the procedure being performed.
Under Maryland medical malpractice law, patients have a certain time frame
to file their claims. This period is known as the statute of limitations.
Generally, a patient has five years from the date that the injury was
caused or three years from when the injury is discovered, whichever is
earlier. If you have suffered the tragic loss of a loved one due to an
anesthesia problem, you may be able to file a wrongful death claim against
any at-fault party. The statute of limitations for a wrongful death in
Maryland is three years from the date of the death.
The state of Maryland has enacted limits or a “cap” on non-economic
damages in medical malpractice cases. Non-economic damages encompass intangibles
such as pain and suffering, physical impairment, disfigurement and scarring,
loss of consortium, and other non-pecuniary losses. The amount of the
cap is currently $725,000 for non-economic damages. It is important to
note that it does not affect a victim’s ability to seek economic
damages, such as medical expenses, rehabilitation costs, lost income,
and other objective costs.
Legal Guidance for Injured Residents of Prince George’s County
At Wais, Vogelstein, Forman & Offutt, our
injury attorneysunderstand that people in Prince George’s County and other areas
of Maryland can suffer traumatic harm as a result of an anesthesiologist’s
error. When you or your loved one has been harmed due to the negligence
of a health care provider, you can potentially assert your rights. We
can zealously advocate for you and pursue the maximum possible compensation
permitted by law. Our team works aggressively and compassionately for
the most seriously injured individuals in our community.
To learn more,
contact us online or call us at (410) 567-0800.