Anesthesia Malpractice

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]

Dear friends and clients,

In furtherance of our firms culture of commitment to always act with compassion, concern and commitment to our clients, community and colleagues, we have been taking precautions to ensure that we are still fulfilling our ethical and moral obligations while prioritizing health, wellness and safety of all we can. 

As you know, the COVID-19 pandemic has introduced changes to many lives and businesses in our communities, and around the world. We, much like our neighbors and friends, have been taking precautions to ensure that we are still fulfilling our ethical and moral obligation to our clients, while also prioritizing the health, wellness and safety of our employees.

Until further notice, our offices will be closed to the public to encourage social distancing and to help prevent the spread of COVID-19. Our team is still hard at work, many from home, and you may still call, email, live chat or video conference us if you or a loved one is seeking legal assistance. As the first law firm to offer our clients secure online access to their case file more than a decade ago, we have always been believers in using technology to make life easier and information more accessible. In these present times it has been a smooth transition for us to continue to offer our clients the same seamless and thorough service that you deserve and are accustomed to.

This pandemic is unlike anything any of us have faced in our lifetimes, and while we can continue to emotionally support one another through it all, staying home and keeping your distance is vital to the health and wellness of our communities. It does not feel good to break routines, cancel events and retreat from our normal, day-to-day socializing, but let us remember that, in times of strife, prior generations were asked to go to war and we are simply being asked to stay home. Your isolation equals more lives saved, and more time for medical providers to prepare for the treatment of patients battling COVID-19.

When the dust settles, we will join together with a greater appreciation for our lives, local businesses, loved ones and health. Until then, we will continue to offer guidance from a safe distance.

Very truly yours,

Andrew G. Finkelstein and the staff of Jacoby & Meyers, LLP