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Anesthesia Errors Every Move Matters

Orlando Anesthesia Error Attorney

The proper administration of anesthesia requires the supervision of highly trained anesthesiologists. These physicians are specifically educated to assess and monitor patients before, during and after a procedure. 

The administration of anesthesia may occur in a hospital or outpatient setting such as in the office of a cosmetic surgeon, gastroenterologist or other physician. The failure of an anesthesia team, in any setting, to reasonably perform a pre-anesthesia evaluation, administer proper medications or conduct a thorough post-procedure assessment can result in devastating consequences.

Some complications that occur during the administration of anesthesia may be known or unpreventable. However, the following types of activity have supported valid medical malpractice claims:

What is Anesthesia?

Anesthesia is a medical procedure used to induce a temporary state of unconsciousness, loss of sensation, or loss of awareness to allow medical procedures to be performed without causing pain or discomfort to the patient. It can also be used to manage pain before, during, or after surgery. Anesthesia is administered by medical professionals called anesthesiologists or nurse anesthetists who are specially trained in the field of anesthesiology.

There are several types of anesthesia commonly used in medical practice:

  • General Anesthesia: This type of anesthesia renders the patient unconscious and completely unaware of the surgical procedure. It is typically administered via inhalation or intravenous injection. Under general anesthesia, patients are unable to feel pain, move, or remember the procedure.
  • Regional Anesthesia: Regional anesthesia involves numbing a specific region of the body, such as an arm, leg, or the lower half of the body. This type of anesthesia can be administered via injection or through a catheter to block nerve signals in the targeted area. Types of regional anesthesia include:
    • Epidural anesthesia: Injected into the epidural space of the spine to numb the lower half of the body, commonly used in childbirth and for surgical procedures on the lower abdomen or legs.
    • Spinal anesthesia: Injected directly into the cerebrospinal fluid in the spinal canal to numb the lower half of the body for surgery, childbirth, or pain management.
    • Peripheral nerve blocks: Injected near specific nerves to numb a particular area of the body, often used for surgeries on extremities like arms, hands, legs, or feet.
  • Local Anesthesia: Local anesthesia involves numbing a small, specific area of the body where the procedure will be performed. It is usually administered via injection or topical application. Local anesthesia is commonly used for minor procedures such as dental work, skin biopsies, or suturing wounds.
  • Sedation: Sedation involves administering medications to induce a relaxed, drowsy state while the patient remains conscious and able to respond to verbal commands. It is often used in conjunction with local or regional anesthesia to help patients feel more comfortable during procedures. Sedation can range from mild to deep, depending on the level of consciousness desired.

Each type of anesthesia has its own advantages and risks, and the choice of anesthesia depends on factors such as the type and duration of the procedure, the patient's medical history, and their preferences. Anesthesiologists carefully assess each patient and tailor the anesthesia plan to ensure their safety and comfort throughout the surgical or medical procedure.

Examples of Anesthesia Negligence

An anesthesia error refers to any mistake or failure in the administration of anesthesia that leads to unintended harm or adverse outcomes for the patient. These errors can occur at any stage of the anesthesia process, including preoperative evaluation, anesthesia induction, maintenance, and emergence from anesthesia. Anesthesia errors are serious incidents that can have potentially life-threatening consequences for patients if not promptly recognized and addressed.

Who May be Held Liable?

In most cases, the anesthesiologist is primarily responsible for the unreasonable activity of the anesthesia team. However, depending on the factual circumstances, a surgeon, nurse, hospital or other medical staff member may share some responsibility for the patient’s care.

How We Can Help

At the Law Offices of Michael Barszcz, M.D., J.D., we specialize in providing legal representation to individuals who have been affected by medical malpractice, including cases involving anesthesia errors. Our team understands the complexities of medical malpractice law and the challenges that clients face when seeking justice and compensation for their injuries.

Here's how we can help individuals who have experienced anesthesia errors:

  • Case Evaluation: We offer free initial consultations to evaluate the circumstances of each potential case. During this consultation, we listen carefully to the client's account of what happened and conduct a thorough review of medical records and other relevant documentation to assess the strength of the case.
  • Legal Guidance: Our team provides clear and honest legal guidance to clients, explaining their rights and options under medical malpractice law. We help clients understand the legal process, including the statute of limitations, potential damages, and the steps involved in pursuing a medical malpractice claim.
  • Investigation: We conduct a comprehensive investigation into the anesthesia error, gathering evidence, interviewing witnesses, consulting with medical experts, and analyzing medical records to determine liability and identify the cause of the error.
  • Expert Consultation: As a firm led by Dr. Michael Barszcz, who is both a physician and an attorney, we have access to a network of medical experts who can provide valuable insights and testimony in medical malpractice cases, including those involving anesthesia errors.
  • Negotiation and Litigation: We advocate aggressively on behalf of our clients, seeking fair and just compensation for their injuries, pain and suffering, medical expenses, and other losses. Our attorneys are skilled negotiators and litigators who are prepared to take cases to trial if necessary to achieve the best possible outcome for our clients.
  • Compassionate Support: Our team¬†understands the emotional toll that medical malpractice cases can take on individuals and their families. We provide compassionate support and personalized attention to our clients throughout the legal process, guiding them every step of the way and fighting tirelessly on their behalf.

FAQs About Anesthesia Error Claims in Florida

How can I prove that an anesthesia error caused my injury?

To prove that an anesthesia error caused your injury, you must show that the anesthesiologist or healthcare professional deviated from the accepted standard of care and that this deviation directly resulted in your injury. This typically requires the testimony of medical experts who can explain how the error occurred and why it constituted a breach of the standard of care. Additionally, medical records, witness statements, and any evidence of the error can support your claim. In Florida, it’s crucial to establish a clear link between the error and the harm suffered to succeed in a medical malpractice lawsuit.

What damages can I recover in an anesthesia error malpractice claim in Florida?

In an anesthesia error malpractice claim, you can seek compensation for various damages, including medical expenses (past and future), lost wages, loss of earning capacity, pain and suffering, and emotional distress. In cases of severe injury, you may also recover for loss of enjoyment of life and permanent disability. Florida law also allows for punitive damages in cases where the healthcare provider’s conduct was particularly reckless or egregious. Consulting with an experienced medical malpractice attorney can help ensure you pursue all available damages.

How long do I have to file a medical malpractice claim for an anesthesia error?

In Florida, the statute of limitations for filing a medical malpractice claim is generally two years from the date you discovered, or should have discovered, the injury caused by the anesthesia error. There is also an overall statute of repose, which bars any medical malpractice claims filed more than four years after the date of the malpractice, regardless of when the injury was discovered. However, there are exceptions, such as in cases of fraud or concealment by the healthcare provider. It’s important to act promptly and consult with a qualified attorney to ensure you file your claim within the applicable time limits.

What should I do if I suspect I am a victim of an anesthesia error?

If you suspect you are a victim of an anesthesia error, it is important to seek immediate medical attention to address any health issues. Document everything related to the incident, including medical records, communications with healthcare providers, and your symptoms. Our Orlando medical malpractice attorney can evaluate your case, help you understand your legal rights, and guide you through the process of pursuing a claim. Taking these steps can protect your health and strengthen your potential case against the responsible parties.


If you or a loved one has been harmed by an anesthesia error, contact us today at (407) 305-6088 to schedule a free consultation.


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