With all of the advances in medical technology, it’s hard to imagine that there could be any major malfunctions when it comes to medical care. However, anesthesia malpractice may be a common occurrence for a variety of reasons. If you or someone you know has been injured or become ill due to anesthesia malpractice, contact the law office of Jacoby and Meyers NY today. Our professional team of medical malpractice attorneys have the knowledge and experience to offer you excellent legal representation.
There are a variety of scenarios that can take place to constitute anesthesia malpractice. For example, administering either too much or too little anesthesia to the patient, failing to recognize that a patient is having difficulty with the medication, failing to monitor the delivery of oxygen to the patient and intubation a patient improperly. While these are not the only grounds for anesthesia malpractice, they are some of the most common.
Just like in any other medical malpractice case, a patient must be able to prove that their health care provider, or anesthesiologist in this case, has acted negligently, leading to your injury or illness. With regards to medical malpractice, negligence can be defined as a health care provider’s failure to exercise the degree of care and skill of the average health care provider in their field and in their area.
If you believe you have grounds of anesthesia malpractice, you’ll want to hire a reputable attorney, as these cases can get difficult. Your attorney will hire a medical expert to review the details of your case. The medical expert will also review the anesthesiologist’s preoperative, operative and postoperative notes to determine what went wrong.
In order to make a medical malpractice claim, the first thing that will have to be determined is whether the hospital or the anesthesiologist is liable. In the event that the anesthesiologist is employed by the hospital, the hospital will automatically be liable for any wrong doing committed by their employee. If the anesthesiologist is an independent contractor, the hospital may also be found liable for their negligent hire and supervision. Finally, if the incident occurred due to equipment malfunction, the hospital will be found liable for improper maintenance of their equipment.
If the anesthesiologist is not an employee of the hospital where the incident occurred, the hospital is not usually found liable in the case. Determining whether the anesthesiologist is an employee or an independent contractor can be a very complex issue. This will involve looking through employment contracts between the doctor and the hospital to determine how much control over the doctor’s job circumstances.
If you or someone you know has been the victim of anesthesia malpractice, contact the law office of Jacoby & Meyers NY LLP today. Our team of medical malpractice professionals have the knowledge and experience to offer you excellent legal representation. Call us today at (877) 504-5562. You may also email us at [email protected]