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Chicago Anesthesiologist Error Lawyer

Anesthesia errors can cause life-altering health effects, including brain damage, paralysis, and death. Anesthesiologists who cause harm by administering the wrong medication or dosage are liable for medical malpractice. If anesthesiologist malpractice has harmed you or a loved one, an anesthesia error lawyer at Levin & Perconti can help you get justice. 

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Anesthesiologists have the important role of administering a carefully planned sequence of medications during surgical procedures. The operating room is a fast-paced environment where unforeseen emergencies can change the medication plan, requiring an anesthesiologist to consistently make accurate calculations and exercise sound judgment.  

The slightest dereliction of duty can result in dire consequences for a patient. If you have been injured because of anesthesia errors, our team of experienced surgical malpractice lawyers at Levin & Perconti may be able to help you recover substantial compensation. 

How Common Are Anesthesia Errors?

A 2019 retrospective analysis of the Nationwide Inpatient Sample Database identified 17,116 anesthetic errors from 2007 to 2014. These errors led to 131 deaths.  

A 2015 study by Harvard University researchers identified 124 operations with at least one medication error or adverse event in an observational study of 277 surgeries. During the procedures, researchers witnessed 153 medication errors and 91 adverse drug events during 3,675 medication administrations.  

Researchers observed the following characteristics of these events: 

  • Nearly 80 percent of the events were preventable. 
  • 30 percent of the errors were deemed “significant.” 
  • 69 percent of the errors were designated as “serious.” 
  • All but 20 percent of the adverse drug events were associated with errors. 
  • The error rates of anesthesiologists, anesthetic nurses, and residents were about the same.  

The researchers noted that these results showed a much higher rate of errors and adverse events than previously reported. 

Anesthesiologist in emergency room

Why Levin & Perconti Is the Law Firm You Need

When you have been the victim of anesthesiologist malpractice, you need an experienced medical malpractice law firm that can grasp medical terminology and comprehend the gravity of the errors made.  

Since our establishment in 1992, we have won nationwide acclaim for consistently achieving outstanding medical malpractice case results and client satisfaction. 

Our Experience 

Our medical malpractice attorneys have more than 200 years of combined experience standing up for patients harmed by the professionals they trusted for their health care needs.  

One of our founding partners, John Perconti, knows firsthand how much the loss of a loved one impacts a family, having suddenly lost his father at the young age of nine. This inspired him to pursue a career in medicine. He studied pre-med until he discovered his love for the law. 

Thanks to his early medical training, Mr. Perconti has in-depth knowledge of complex medical issues, giving him important insight into recognizing medical errors and understanding the standard of care. This has been crucial in helping clients get historical case results. 

Our Consistent Record of Results 

At Levin & Perconti, we have a history of consistent, successful, and record-breaking verdicts and settlements spanning three decades, including specific results for victims of anesthesia malpractice such as:

$3.6 Million Settlement Against Mt. Sinai Hospital

Our medical malpractice lawyers won a $3.6 million settlement for the estate of a 26-year-old man who died after an anesthesiologist administered an anesthetic contraindicated for patients with elevated potassium levels, a condition the patient suffered from as a result of his medical condition.  

The anesthesiologist contended that she had no reason to suspect the patient had an elevated potassium level. We proved that the anesthesiologist and emergency physicians should have known the patient’s potassium levels were elevated based on his urine output and the severity of his condition. 

Our medical malpractice lawyers also negotiated a $6.5 million settlement against an anesthesiologist and multiple other health care providers in a birth injury case after successfully establishing that the mother and child suffered severe injuries due to the wrong anesthetic medication being administered and additional delivery failures.  

What Are My Rights if I Experience Anesthesia Complications?

When you are a patient under the care of an anesthesiologist, you are legally entitled to a reasonable standard of care. If you experience harm because an anesthesia provider violated this standard, you may be eligible for substantial compensation through a medical malpractice lawsuit. 

To prevail, your attorney must be able to prove that all of the following elements of medical negligence are true: 

  1. You had a patient/provider relationship with the anesthesiologist, establishing a duty of care. 
  2. The anesthesiologist breached the duty of care.
  3. You suffered an injury because of the breach of duty. 
  4. The breach of duty is the proximate cause of your injury. 

What Compensation Is Available for Victims of Anesthesia Errors?

The compensation you can recover from anesthesia malpractice varies based on the severity of your injuries and their impact on your financial status and quality of life. Damages available in medical malpractice cases include economic damages and non-economic damages.  

Economic Damages 

Economic damages are compensation for the verifiable monetary losses that stem from malpractice, which may include the following: 

  • Medical bills 
  • Assistive devices 
  • Therapy 
  • Nursing care 
  • Lost wages 
  • Loss of earning capacity 

If you are left with permanent disabilities that prevent you from working, your lost earning capacity will be calculated based on: 

  • Your previous employment record 
  • The number of years you could have earned income 
  • likely income increases from raises, promotions, and inflation 

Non-Economic Damages 

Non-economic damages are compensation for losses to your quality of life as a result of your anesthesia injuries and may include the following: 

  • Pain 
  • Suffering 
  • Loss of society 
  • Loss of enjoyment of life 
  • Loss of consortium by a spouse 
  • Loss of bodily functions 
  • Disability 

Some states limit non-economic damages in medical malpractice cases, but injured patients in Illinois are unlimited in the non-economic damages they can receive. However, Illinois law prohibits punitive damages in medical malpractice cases. 

Because of these potential hurdles in the process, our medical malpractice attorneys are here to help you on a contingency fee basis. We do this so that everyone has equal access to the court system; you will not have to pay any money out-of-pocket or upfront. Additionally, initial consultations are always completely free of charge.

Anesthesiologist

Can I Sue if an Anesthesia Error Kills a Loved One?

If you are the immediate family member or next of kin of someone who has died from an anesthesia error, you may be eligible to file a wrongful death lawsuit on behalf of the family. In most cases, you must be designated as the personal representative to file suit. 

Compensation in a wrongful death lawsuit may include the following: 

  • Medical expenses of the deceased 
  • Funeral and burial expenses 
  • Loss of the decedent’s income 
  • Pain and suffering of the deceased 
  • Loss of companionship 
  • Loss of emotional support 
  • Loss of comfort 
  • Loss of consortium 

Who is liable for anesthesia malpractice?

Proper administration of anesthesia is a coordinated effort requiring all surgical team members to share information about the patient’s health that could impact the anesthesia plan.  

During the procedure, all participants must continuously monitor the patient’s condition, cooperate with each other, and act quickly if the patient experiences unexpected complications. 

As a result, liability for anesthesia malpractice may fall on multiple parties, including the following: 

  • Anesthesiologists 
  • Anesthesia nurses 
  • Physicians who participated in the surgical plan or procedure 
  • Surgical nurses 
  • Hospitals 
  • Pharmacists 

How Levin & Perconti Can Help After Anesthesia Errors

While financial compensation cannot reverse an injury, it can provide financial security and a means to obtain ongoing medical care. Our Chicago anesthesia error attorneys can navigate the medical and legal complexities of your case and do the following to ensure you receive the compensation your need and deserve: 

  • Perform a thorough investigation of your medical records 
  • Interview witnesses and medical experts 
  • Calculate your case value 
  • Consult with life care planners to learn the full extent of your damages 
  • File your lawsuit on time 
  • Provide fervent advocacy in settlement negotiations 
  • Present a strong case at trial if the liable parties fail to offer a fair and reasonable settlement 

While two years may seem like a lengthy period, it is important that you contact a qualified Chicago medical malpractice attorney as soon as possible after your injury to ensure your attorney has sufficient time to investigate and prepare your case before the deadline.  

Types of Anesthesia Errors

We have represented clients who were injured as a result of the following anesthesia errors: 

  • Labeling errors 
  • Incorrect dosage 
  • Wrong medication 
  • Failure to treat a problem indicated by vital signs 
  • Documentation errors 
  • Communication errors 
  • Administration of residual anesthetics from improperly cleaned medical equipment 
  • Ineffective post-operative pain management 
  • Improper control of the IV flow rate 
  • Delayed delivery of anesthesia 
  • Failure to check allergies or medical history 
  • Inadequate consideration of potential drug interactions 

Injuries Caused By Anesthesia Malpractice

Anesthesia errors can occur when general anesthesia is administered incorrectly or when localized forms of anesthesia are administered, such as nerve blocks. Incorrectly administered anesthesia can deprive the brain of oxygen, damage nerves, and disrupt blood flow, resulting in the following adverse effects, which may cause permanent disabilities: 

  • Asphyxia 
  • Cardiovascular injury 
  • Loss of bodily function 
  • Permanent brain damage 
  • Paralysis 
  • Coma 
  • Awareness 
  • Peripheral nerve damage 
  • Stroke 

How much time do I have to file an anesthesia error lawsuit?

The statute of limitations for medical malpractice cases in Illinois is generally two years from the date the malpractice occurred or was discovered. In the event of a delayed discovery, the lawsuit must be filed within four years of the date the malpractice occurred. 

While two years may seem like a lengthy period, it is important that you contact a qualified Chicago medical malpractice attorney as soon as possible after your injury to ensure your attorney has sufficient time to investigate and prepare your case before the deadline.

How much does it cost to hire a Chicago anesthesia error lawyer?

Our legal services cost nothing upfront. We are only paid when and if we successfully win compensation for you. We also pay your case costs while your case develops, including filing fees, deposition bills, and the costs of retaining consultants.  

This allows you to focus on your medical care without wondering how you will pay for your legal expenses. It also ensures that a lack of financial means does not create a barrier to justice. Only after we recover compensation for you do we collect a percentage of your recovery and our costs.  

Founders of Levin Perconti in the office

Contact Our Chicago Anesthesia Error Lawyers Today for a Free Consultation

If you have been injured due to anesthesia errors, you deserve compensation. Contact us today to schedule a free consultation. 

This allows you to focus on your medical care without wondering how you will pay for your legal expenses. It also ensures that a lack of financial means does not create a barrier to justice. Only after we recover compensation for you do we collect a percentage of your recovery and our costs.  

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