Anesthesia requires precision. If an anesthesiologist, nurse anesthetist, or monitoring team does not perform their responsibilities effectively, it can lead to serious outcomes such as hypoxia, which may cause lasting brain damage or even death. But there are some legal ways to seek restitution.
The legal standard: breach of duty
In Oregon, pursuing legal action goes beyond a complaint submission, as it needs to prove medical negligence, that is, a clear violation of the legal standard of care.
- In anesthesia: a breach of duty often involves failure to properly manage a patient’s airway, administering the wrong dose, or failure to diligently monitor the patient’s oxygen levels and vital signs during a procedure.
- In brain injury cases: a lawyer must prove that the provider’s inaction directly caused the oxygen deprivation that resulted in the neurological damage.
Both can be complex and rely entirely on expert testimony, as state law requires that the plaintiff provide medical opinions to prove both actions that a reasonably competent anesthesiologist can do and how the failure from these actions contributed to the damage. However, a complaint has to be filed swiftly, as the statute of limitations lasts approximately two years since it was first discovered.
The clock is ticking
An error during anesthesia can not only create emotional distress for the whole family, it can also mean debts and high medical fees for years to come. If you suspect a loved one suffered medical malpractice, you need to contact a firm with the capability and resources to secure the highest compensation possible under Oregon law.