If you’ve ever had to undergo a surgical procedure, you probably remember signing a waiver beforehand. These waivers release providers and facilities from liability should any unanticipated complications arise. What if the anesthesiologist made an error, though, and you suffered preventable damages? Sadly, this happens far more often than most people realize. When it does, personal injury attorneys are there to pick up the pieces. Here is what seasoned lawyers want you to know about liability for anesthesia errors, so you can build a winning claim.
When the Anesthesiologist Is Liable
Anesthesiologists can be held liable for errors when they are independent contractors. Independent contractors are those who use the facility to treat patients but are not actually employed by the hospital. Therefore, they must carry their own malpractice insurance, which will cover any damages if they make an error.
When the Facility Is Liable
Hospitals are liable for their employees. That means you can sue the facility following an anesthesia error if the anesthesiologist who treated you was employed by the hospital. Since hospital administrators must ensure the facility’s equipment is maintained to a reasonable standard, the hospital can also be held liable when the error that ultimately caused complications can be attributed to equipment failure. A facility can also be liable for the actions of an independent contractor if they failed to vet the provider before commencing the working relationship.
If you suffered complications following an anesthesia error, turn to a personal injury attorney at The Gil Law Firm. Located in Dothan, AL, this firm has been helping medical malpractice victims throughout Alabama, Georgia, and Florida since 2000. They also assist with bankruptcy filings and Social Security disability claims. To see what previous clients have to say about attorney Rafael Gil III, visit his website. You can schedule an initial consultation with this compassionate attorney by calling (334) 673-0100.