Administering anesthesia to patients should not be taken lightly. Because anesthesiologists are typically responsible for monitoring multiple patients, the slightest error can result in grievous injury or even death. However, it is vital to be prepared to file a medical malpractice suit in the event of a wrongful death related to anesthesia.
Anesthesia errors are unfortunate but are a common occurrence that causes hospitals, medical clinics, and private practices to get sued. The following events often take place, drastically altering the lives of those affected.
- A delay in anesthesia delivery
- Incorrect dosage of anesthesia administered
- Failure to accurately monitor vital signs while a patient is under
- Improper use of medical equipment during a procedure
When a patient is the victim of wrongful death because of preventable medical errors, the survivors should rightfully sue the parties responsible. Seeking restitution is critical to holding medical staff accountable, especially for avoidable actions resulting in a patient’s demise.
Parties Who Have the Right to Sue for Compensation
So, who exactly has the legal right to file a suit against a hospital or medical team for wrongful death due to anesthesia? State laws may vary and require consulting a certified legal professional with a background in medical malpractice. A plaintiff may want to visit Emroch & Kilduff to understand their rights to sue and what type of compensation can be gained.
However, the following parties typically have the right to seek legal damages on behalf of the deceased. Appropriate documentation to legally prove a relationship to the patient should be acquired before filing.
- A patient’s legally wedded spouse
- The offspring of a patient
- A patient’s parent
- An appointed representative of a patient’s estate
After a legal team reviews documentation to prove a plaintiff’s right to sue and evidence of medical malpractice resulting in a patient’s death, survivors can focus on restitution.
What Can Survivors Expect Regarding Compensation for Wrongful Death?
It is a heartbreaking experience to get news that a spouse, parent, or child is the victim of wrongful death. However, survivors have the right to sue for compensation to cover outstanding medical bills, loss of supporting income earned from the deceased, and pain and suffering.
Often, a medical expert with in-depth knowledge of anesthesia and its proper administration will be obtained to prove medical malpractice resulting in death. Also, a plaintiff seeking restitution should act quickly to bring a suit to the party responsible. States may have a statute of limitation, limiting how much time can elapse before it’s too late to seek recovery for medical injury resulting in death.
The Road to Healing and Moving Forward for Survivors
The loss of a patient due to medical malpractice is not easy to bear. But, help is available to secure survivors living with financial and emotional burdens due to a patient’s wrongful death. It is essential to gather relevant documentation to prove a case and seek legal counsel as soon as possible.
Restitution and recovery for an anesthesia death help reduce fears about paying medical bills, childcare, or attending to a patient’s assets. Reaching out to legal professionals to discuss a survivor’s rights to sue lessens anxiety, stress, and despair. Also, it may be beneficial for survivors to connect to a licensed therapist to process their feelings.