Albuquerque Anesthesia Error Lawyer

Anesthesia is an important requirement for many surgical procedures. Without it, it would be impossible for some patients to endure the pain their procedures would cause. However, it is possible for anesthesia errors to be incredibly damaging, sometimes causing serious adverse effects to a patient that can impose long-term or permanent complications. If you have experienced any such incident, an Albuquerque anesthesia error lawyer can help.

Representing Anesthesia Error Claims in Albuquerque, NM

The Branch Law Firm offers client-focused legal counsel for all types of medical malpractice cases in the Albuquerque area, including those pertaining to anesthesia errors. Our firm provides client-focused legal counsel in every case we accept, taking time to learn as much as possible about each client we represent so we can address their unique needs and concerns about their claims.

An anesthesia error has the potential to cause life-changing harm to a victim, and their family may experience a wide range of economic and non-economic damages as a result of this malpractice. While a medical malpractice suit is technically a form of personal injury claim, there are very different rules for filing a medical malpractice case compared to what you could expect in most other civil claims for damages.

An experienced Albuquerque anesthesia error lawyer is the ideal asset to have on your side as you approach this type of case. Your attorney can help you make a clearer sense of your situation, explaining the various procedural rules you will need to follow to succeed with your case. When you hire the Branch Law Firm to represent you, you are investing in decades of professional legal experience and a dedicated advocate who will guide you through every stage of your case.

You are not only more likely to succeed with your anesthesia error claim with an attorney’s help but also more likely to maximize the total compensation you obtain once you do succeed. Your attorney can help you understand the state’s medical malpractice laws, including those pertaining to filing the claim, as well as the restrictions on plaintiff recovery. Whatever your case entails, you are more likely to achieve a positive outcome with legal counsel on your side.

How Do Anesthesia Errors Happen?

When a patient requires anesthesia of any kind, it is vital for their attending medical team to ensure they receive the correct dosage, accounting for the patient’s medical history and known allergies and sensitivities. The anesthesiologist attending the procedure is responsible for administering the anesthesia to the patient and monitoring their vital signs. If they fail to do this correctly, or if they are negligent, they may harm the patient severely.

Medical malpractice occurs whenever any type of medical negligence results in harm to a patient. It is possible for a doctor, nurse, anesthesiologist, surgeon, or a combination of multiple healthcare professionals to bear fault for an anesthesia error. To succeed with a medical malpractice suit for an anesthesia error, the injured victim will need to follow strict procedural rules and prove the extent of the harm they experienced from the incident.

Potential Effects of Anesthesia Errors

Anesthetics are powerful drugs, some of which are capable of inflicting tremendous harm when they are misused or when attending medical professionals are negligent in their duties. Some of the most commonly reported effects of anesthesia errors include:

• Coma. If a patient is given an incorrect dose of anesthesia or if an anesthesia error causes other complications, the patient may slip into a coma. Any coma can have a wide range of unpredictable effects, and it is possible for the victim to remain unresponsive for a long time. During the coma, they will require constant monitoring and various medical treatments to keep them alive and minimize harm to the brain.
• Brain damage. It is possible for negligent use of anesthesia to directly harm the patient’s brain. Any level of brain damage can entail severe long-term or permanent effects, potentially impairing the victim in various ways and diminishing their quality of life. Victims of brain damage may experience a wide range of symptoms that evolve over time, some of which may prevent them from working again in the future.
• Asphyxia. An incorrect dose of anesthesia could cause the patient to experience respiratory failure. Asphyxia can not only cause brain damage but also harm the patient in other ways, and the medical interventions that will be necessary to save their life will also carry the potential to harm the patient.
• Tracheal injury. When a patient is under the effects of anesthesia, breathing and/or feeding tubes may need to be inserted down their throat. If such insertions are not performed correctly, severe tracheal injuries may result that can lead to infections, require surgical correction, and cause a host of other adverse complications. Intubation errors are commonly cited causes of medical malpractice suits.
• Cardiovascular injury. An anesthesia error could impair heart function and blood flow, potentially putting the patient’s life at risk. It is possible for a patient to experience cardiac arrest if the anesthesiologist does not properly monitor their vital signs and take steps to address any problems as soon as they appear.
• Anesthesia awareness. The purpose of anesthesia is to render a patient unaware of what is happening to them; otherwise, they could be traumatized by what their procedure entails. An incorrect dosage or other anesthesia error could result in anesthesia awareness, a condition in which a patient regains consciousness during surgery but is still physically unable to move. This is a tremendously traumatic experience for anyone.

Dosage errors, administration errors, failure to monitor vital signs, intubation errors, and many other issues involved with the use of anesthesia can potentially cause severe harm to a patient during a surgical procedure. Not only can the anesthesia error harm the patient, but it could also prevent the procedure from being completed, potentially leading to even further adverse health outcomes.

Filing Your Anesthesia Error Claim in Albuquerque, NM

If you believe that your recent injury during a surgical procedure was the result of a negligent anesthesia error, it is crucial that you understand the laws pertaining to medical malpractice cases, the process of filing such a claim, and the limitations you will face in terms of the recovery you could collect from the defendant if you win. An experienced Albuquerque anesthesia error lawyer can be a vital asset for every step of building your case.

Before you can proceed with a medical malpractice suit against the defendant who injured you, you will first need to apply to the New Mexico Medical Review Commission and have them review your case. The commission will assign a panel of three attorneys and three medical professionals to consider evidence, documentation, and testimony from all parties involved in their efforts to answer two important questions:

1. Is there sufficient evidence to prove that medical malpractice occurred?
2. Is there a reasonable medical possibility for the malpractice to have harmed the claimant?

If the panel rules in favor of the claimant, their ruling cannot be admitted to court if a medical malpractice lawsuit is filed. Instead, the panel will help the claimant find an expert witness who will testify for them in support of their claim. This expert witness should be a medical professional who holds the same medical board certifications as the defendant and has similar experience.

Once your claim is approved by the Medical Review Commission, you can file your medical malpractice suit. At this point, it is likely that your case will move to settlement negotiations between you and the defendant. Many medical malpractice claims are settled outside of court because this allows the parties involved to reach mutually acceptable resolutions more quickly than litigation allows.

Resolving Your Anesthesia Error Claim in Albuquerque

During settlement, the plaintiff and the defendant meet privately with their respective attorneys to discuss terms for resolving their claim. If both parties are willing to compromise, it is possible they could settle the case in a fraction of the time that litigation would require. However, if the defendant denies liability, disputes the damages sought by the defendant, or an agreement otherwise cannot be reached, the case must go to trial.

If your case must be resolved in litigation, it will unfold before a judge and/or jury, and both you and the defendant will have the opportunity to submit evidence and arguments for the court’s consideration. While it is possible to resolve a civil case in a matter of weeks through settlement, litigation can take much longer, potentially longer than a year in a hotly contested case. Your attorney can help resolve your claim as swiftly as possible.

Compensation for Anesthesia Errors in Albuquerque, NM

State law, unfortunately, limits compensation for medical malpractice cases in some ways. The plaintiff has the right to seek compensation for the economic losses resulting from the anesthesia error they experienced, but only to a certain extent. For example, if the plaintiff has been permanently disabled and cannot return to work, there are limits to how much they can win in compensation for their lost wages and lost earning capacity.

However, there are no limits when it comes to compensation for medical expenses resulting from medical malpractice. This means that if the medical malpractice you experienced resulted in any significant complications that will require ongoing care, the defendant is liable for all related medical expenses. Your Albuquerque anesthesia error lawyer can assist you with the accurate calculation of all the medical expenses you can seek with your claim.

The plaintiff in a medical malpractice suit also has the right to claim compensation for their pain and suffering, but this is also limited by state law. An anesthesia error may not only cause physical pain in several ways, but it can also be a psychologically traumatic experience. This is especially true in cases involving anesthesia awareness. Your attorney can help maximize this aspect of your recovery as much as state law permits.

Punitive damages could come into play under certain conditions. As the name suggests, punitive damages intend to punish a defendant’s behavior rather than compensate the plaintiff’s loss. For example, if an anesthesiologist was working while under the influence of drugs or alcohol and caused harm to a patient, they are likely to face punitive damages as well as various professional consequences for their actions.

Ultimately, you face some restrictions when it comes to the compensation you could foreseeably obtain from a successful medical malpractice suit. However, having an experienced Albuquerque anesthesia error lawyer representing you will significantly improve your chances of maximizing your case award as much as state law allows. The Branch Law Firm approaches every anesthesia error case with the goal of maximizing our client’s recovery.

What to Expect From Your Albuquerque Anesthesia Error Attorney

The Branch Law Firm has decades of professional experience representing clients in all types of complex medical malpractice cases, including those pertaining to anesthesia errors. When you choose our firm to represent you, we can take time to listen to your story, develop an individualized legal strategy that aims for maximum recovery, and ultimately guide you to the optimal result possible in your case.

If you have concerns about the potential cost of hiring legal representation for your case, do not let the assumedly high cost of legal counsel deter you from seeking out an Albuquerque anesthesia error lawyer when you need them most. Our firm accepts medical malpractice suits on a contingency fee basis. This means there are no upfront fees, and you will pay our firm a fee only after we win your case. Additionally, the fee will be a percentage of your case award.

There is no financial risk in choosing our firm to represent you, and you have every reason to seek out a trustworthy Albuquerque anesthesia error lawyer as quickly as possible after you have decided to pursue legal recourse. Contact the Branch Law Firm today to schedule your free consultation with an Albuquerque anesthesia error lawyer and learn how our team can assist you with your recovery.