It can be harrowing for parents to learn that their children have to undergo surgery. Doctors usually administer anesthesia to children prior to a procedure, and while anesthesia is generally safe for children, anesthesia errors can lead to grave complications. Mistakes made by pediatric anesthesiologists during surgery are often the result of negligence and may be grounds for instituting a pediatric anesthesiology malpractice lawsuit. If your child suffered injuries due to the inappropriate administration of anesthesiology, you should speak to an attorney regarding your right to pursue malpractice claims as soon as possible. The dedicated Baltimore medical malpractice attorneys of Arfaa Law Group understand the devastation pediatric malpractice can cause, and if we represent you, we will help you fight for justice for you and your child.
Harm Caused by Pediatric Anesthesiology MalpracticeThere are multiple mistakes that can occur during the administration of anesthesia that can cause critical harm. In some instances, a doctor will provide the wrong dosage; too little anesthesia can lead to pain and trauma, while too much can cause respiratory distress, cardiac issues, and in extreme cases, brain damage. In other cases, a physician will fail to review a patient’s medical history prior to surgery, which will cause them to administer an inappropriate drug. This can lead to arrhythmias, seizures, an inadequate supply of oxygen, and other serious complications. A child can also suffer harm if the anesthesiologist providing their care fails to monitor their vital signs or ensure that they are properly intubated.
Establishing Liability for Pediatric Anesthesiology MalpracticePediatric anesthesiologists that neglect to protect their patients’ health during surgical procedures may be liable for malpractice. Notably, both minor children and their parents can assert claims for damages against negligent doctors; while the damages recoverable by injured children and their parents differ, their burden of proof is the same. In other words, they usually have to prove the defendant’s negligence to be awarded compensation.
In Maryland, to prove a defendant’s negligence, a plaintiff must show that the defendant owed the plaintiff a duty and that the defendant breached the duty owed. With regard to medical treatment, the duty a doctor owes a patient is to comply with the standard of care, which is the care that a competent physician that works in the same specialty as the defendant would offer when presented with a similar scenario. Defining the duty owed by a pediatric anesthesiologist and showing they breached the duty typically requires testimony from a medical expert.
The plaintiff will also need to show that the defendant’s breach caused the plaintiff to suffer actual damages. In other words, they must prove that, but for the deviation from the standard of care, the plaintiff would not have sustained injuries. Demonstrating causation usually necessitates expert testimony as well.
It is important for anyone who wishes to pursue pediatric anesthesiology malpractice claims to act promptly, to avoid waiving their right to recover damages. Pursuant to Maryland law, medical malpractice claims asserted by minors must be filed within three years of their eighteenth birthday, while claims set forth by their parents have to be brought within three years of the date of harm or within five years of when the harm is discovered.
Talk to an Experienced Baltimore Attorney About Your RightsParents expect the doctors involved in their children’s surgical care to perform their duties in a thorough and careful manner, but some physicians fail to offer competent care, and the consequences of their recklessness are often tragic. If your child sustained injuries during surgery due to an error in administering anesthesia, it is in your best interest to talk to an attorney about your options for seeking compensation. The experienced Baltimore lawyers of Arfaa Law Group take pride in helping victims of medical malpractice hold the parties responsible for their losses accountable, and if we represent you, we will advocate aggressively on your behalf. We have an office in Baltimore, where we routinely represent people in medical malpractice lawsuits. You can reach us by calling us at (410) 889-1850 or by using our online form to set up a confidential meeting.