Anesthesia Errors Can Lead To Medical Malpractice

Types of Anesthesia Errors and How They Are Proven in Court

Anesthesia errors come in a lot of different flavors, and some of them are more common than you would think. Let me walk you through the ones I see most often and explain how we prove them in an Illinois courtroom.

Dosage miscalculation is the most straightforward. Every patient is different. Your weight, your age, your liver function, your other medications, all of these factors affect how much anesthesia you need. Give too much and the patient can suffer cardiac arrest, brain damage, or death. Give too little and you get what is called anesthesia awareness, where the patient is conscious during surgery but paralyzed and unable to speak. I have represented patients who felt the entire surgery and could not scream. The psychological damage from that experience is devastating.

Intubation failure is another big one. When you go under general anesthesia, the anesthesiologist has to place a breathing tube in your airway. If they cannot get the tube in and they do not have a backup plan, you stop getting oxygen. Brain cells start dying within four to six minutes. A competent anesthesiologist evaluates your airway before the procedure and has a difficult airway plan ready. When they skip that step and things go wrong, that is negligence.

Failure to monitor is the silent killer. During surgery, the anesthesiologist is supposed to be watching your oxygen saturation, your heart rate, your blood pressure, your CO2 levels, continuously. If they step away, get distracted, or ignore an alarm, and your oxygen drops, the damage can be catastrophic. We prove these cases with the anesthesia record, which logs vitals at regular intervals. When there is a gap in the monitoring or the numbers show a drop that was not addressed, that tells the story.

Allergic reactions from inadequate history review happen more than they should. The anesthesiologist is supposed to review your medical history, ask about allergies, and check your medications before the procedure. If they miss a documented allergy or a drug interaction and you have a severe reaction on the table, that is a failure of basic due diligence.

Now here is the part that matters for your case. Under Illinois law, specifically 735 ILCS 5/2-622, before I can file a medical malpractice lawsuit, I have to attach a certificate of merit from a qualified medical professional. That means I need an expert, usually a board-certified anesthesiologist, to review your records and confirm that the standard of care was violated. This is not a rubber stamp. The expert has to be qualified in the same specialty as the defendant and has to provide a detailed written opinion.

Finding the right expert and getting that report takes time and money, which is why I front all of those costs. You pay nothing unless we win. The 2-622 requirement is actually a quality filter. It means that by the time I file your case, I already have a credentialed expert who says the anesthesiologist screwed up and it hurt you. That carries weight.

If you had a bad outcome from anesthesia and something does not add up, call me at 312-500-4500. I will review the records and tell you straight whether you have a case.

Frequently Asked Questions 

What types of anesthesia errors can cause a malpractice case in Illinois?

Anesthesia errors that cause harm can give rise to a medical malpractice claim in Illinois. Common errors include giving too much or too little anesthesia, failing to monitor a patient properly during surgery, not reviewing the patient's medical history for drug interactions, or using defective equipment. If the error caused injury — brain damage, awareness during surgery, cardiac events, or death — you may have a case. Illinois has a two-year statute of limitations for medical malpractice, so call me at 312-500-4500 as soon as possible.

How do I know if my surgical injury was caused by an anesthesia error?

Signs that something went wrong with anesthesia include waking up during surgery, unusual memory of events during a procedure, prolonged confusion after surgery, nerve damage, or a longer-than-expected recovery. Your medical records will show what drugs were administered and in what doses. I review those records carefully. If the records show a deviation from the standard of care, that's where your case starts. No fee unless we win.

Who can be held liable for an anesthesia error — the anesthesiologist or the hospital?

Both can be liable, depending on the facts. If the anesthesiologist is an independent contractor, they bear individual liability. If they're a hospital employee, the facility may be liable too. In some cases, the device manufacturer can be named if equipment failure contributed. I identify all liable parties from the start — you should not leave money on the table by suing only one defendant when multiple parties share responsibility.

How much does it cost to hire a medical malpractice attorney?

Nothing out of pocket. Zero. I handle medical malpractice cases on contingency — I only get paid if we win. My fee is one-third of the recovery. If we don't win, you owe me nothing. No upfront costs, no hourly billing, no surprise charges. Call 312-500-4500 any time.

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