Going under anesthesia can be terrifying. The thought of drifting into unconsciousness and placing your life in someone else’s hands is enough to make anyone anxious. While anesthesia has made complex surgeries possible and pain-free, it’s not without risks.
But when does a complication or error cross the line from an unfortunate event to medical malpractice? In Georgia, it can depend on a variety of factors.
What constitutes medical malpractice in Georgia?
Medical malpractice occurs when a health care provider’s negligence causes injury to a patient. However, proving malpractice isn’t as straightforward as it might seem. Four key elements must be present:
- Duty of care: The health care provider must have had a professional obligation to the patient.
- Breach of duty: The provider failed to meet the accepted standard of care, the level of care that a reasonably competent anesthesiologist would provide under similar circumstances.
- Causation: This failure directly caused an injury.
- Damages: The injury resulted in harm or losses to the patient.
Anesthesia errors can take various forms, ranging from minor issues to life-threatening mistakes. This can include giving too much or too little anesthesia or not keeping a close eye on the patient’s vital signs during surgery, which can result in serious complications.
It’s important to note that not every bad outcome or complication counts as malpractice. The human body can react unpredictably. Adverse events can occur despite health care providers following best practices and protocols.
What do you do if you suspect medical malpractice?
If you are facing severe health concerns or complications because of an anesthesia error, it’s important to document your symptoms and experiences in detail, as well as collect all relevant medical records. In Georgia, patients generally have two years from the date of injury to file a medical malpractice lawsuit, so it’s crucial to take action as soon as possible.
The state also requires you to file an “affidavit of an expert” with the lawsuit. This document, prepared by a qualified medical professional, must outline at least one negligent act committed by the healthcare provider. Medical malpractice claims can involve many factors and considerations, and it may be wise to consult with a legal professional.
Get the answers you need
If you’re unsure whether an anesthesia error qualifies as medical malpractice, don’t go through the process alone. An attorney can help clarify your situation and guide you through your options.
