Most of the time, patients don’t experience any side effects or other issues from anesthetic drugs. However, sometimes errors occur and cause significant health problems for patients. In these cases, patients or their loved ones may be able to make legal claims.
If you or a loved one suffered from an anesthesia error, a Dayton anesthesia errors lawyer with The Fitch Law Firm LLC can help you determine whether you can make a claim. One of our team representatives will provide you with a free consultation when you call to discuss your case.
The Damages You Can Recover in an Anesthesia Error Case
Anesthesia errors are a form of medical malpractice. If you or a loved one suffered any kind of medical malpractice, you may be able to recover compensation through a medical malpractice claim or lawsuit. You could recover economic (financial) and non-economic (physical, mental, and emotional) damages like:
- Past and anticipated medical expenses
- Lost wages
- Loss of future earning capacity
- Pain and suffering
- Mental suffering
Under Ohio Revised Code Section 2323.43, there are caps on certain medical malpractice damages.
If You Lost a Loved One to the Anesthesia Error
If you lost a loved one due to medical malpractice, you could recover compensation through a wrongful death claim or lawsuit. Your damages could include the following:
- Final medical bills
- Lost income
- Funeral costs
- Burial or cremation costs
- Loss of consortium
You may be able to recover other personal injury or wrongful death damages we haven’t listed. During a complimentary consultation, we’ll tell you more about the damages you could claim.
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Determining Whether You’re a Victim of Medical Malpractice
Doctors and medical personnel must perform their duties at high standards. When they don’t meet these standards, their patients may suffer the consequences. For instance, if an anesthesiologist administers anesthesia incorrectly, a patient may suffer a stroke.
How Your Anesthesia Error Could Have Occurred
You or your loved one may be a victim of an anesthesia error if a health care provider:
- Didn’t provide proper instructions before administering anesthesia
- Administered the wrong kind of anesthesia
- Delayed the delivery of anesthesia
- Administered too much or too little anesthesia
- Did not prevent or recognize an adverse anesthesia reaction or drug interaction
- Failed to monitor you or your loved one adequately
- Used defective equipment or devices when administering anesthesia
A lawyer from our firm can help you determine whether you or a loved one is a victim of an anesthesia error.
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Proving the Other Party Is Responsible for the Anesthesia Error in Dayton
Eventually, after you and your lawyer decide you’re a victim of malpractice, your lawyer will have to prove it. This task may require gathering evidence such as:
- Medical records: This documentation can include your medical history, which may indicate a detail relevant to your case, like an anesthesia allergy.
- Correspondence between you and the professional/facility: The professional or facility may have neglected to provide proper instructions or inform you correctly.
- Testimonies from medical experts: They may be able to tell us what went wrong in your incident and how they would have handled it differently.
Proving the other party’s malpractice also means establishing their negligence via these elements:
- You and the health care provider had a doctor-patient relationship.
- The other party failed to provide the care you needed.
- There is a direct relationship between this failure and your suffering.
- You’re now suffering economic/non-economic damages.
Ohio law outlines the rules for cases of medical malpractice under Ohio Revised Code Section 2305.113.
What a Dayton Anesthesia Errors Lawyer on Our Team Can Do for You
A medical malpractice case can be very complex, so you may not want to handle it by yourself. A lawyer from our firm can take on your case, so you can worry about recovering and tending to your family. You can rely on our team to take care of:
- Reviewing your medical records
- Seeking out and putting together evidence for you
- Hiring medical experts to testify to help your case
- Evaluating the other party’s insurance policy
- Communicating and negotiating with the insurer on your behalf
- Fighting to prove the other party’s negligence
- Arguing your case in court
Throughout these processes, we’ll be available to you should you have any questions or concerns. During your free consultation with us, we’ll tell you more about how we’ll help.
In addition to the complimentary case review, we will offer a contingency fee, so there are no retainers, hourly rates, or upfront fees to hire us. Instead, we deduct our payment from the settlement or court compensation we procure for you.
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How You Can Help Yourself Today
One of the best things you can do is to get the medical care you need. This is important for your health and your claim. In doing so, you’ll help prove the connection between your ailments and the other party’s negligence.
Also, if you have a treatment plan, keep following it. If you don’t and your ailments worsen, the other party’s insurer may be able to say your neglect made your injuries worse, and this could hurt your claim or lawsuit.
Contact The Fitch Law Firm LLC Today After You Suffered an Anesthesia Error
If you or a loved one suffered an anesthesia error, one of our lawyers can help. You don’t have to face the other party, their insurer, and their lawyers alone. Let us handle this while you focus on other, more important matters.
Reach out to The Fitch Law Firm LLC today at (937) 660-4232. When you call, we’ll tell you more about us and invite you in for a free consultation with a member of our team. We’ll help you decide how to proceed with your case and advise you about filing a claim or lawsuit.
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