Table of Contents
Table of Contents
Surgical anesthesia is not a single event. Instead, it’s a process. Things often go wrong at different points in this process.
Highly-trained, and highly-paid, anesthesiologists must thoroughly review patient records, as well as the nature of the pending procedure, and determine the right type and amount of medication. An error in either area could have tragic consequences for patients and their families. Then, during the procedure, anesthesiologists must remain available, in case something goes wrong. They certainly cannot ignore or disable calls or alarms. Then, as the patient recovers, anesthesiologists must remain on standby. Surgical recovery often doesn’t go by the book.
The experienced Port St. Lucie anesthesia error lawyers at Freidin Brown, P.A. routinely handle these matters throughout the Treasure Coast. Therefore, we have developed proven methods that obtain life-changing results for our clients. These results usually include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
Additional punitive damages are usually available in these matters as well. A large punitive damages award forces anesthesiologists and other doctors to change the way they do business and put patient health and safety above all other priorities.
Evidence in Medical Malpractice Claims
All this compensation is available if a Port St. Lucie anesthesia error lawyer establishes negligence, or a lack of care, by a preponderance of the evidence, or more likely than not. Witness statements and medical records are usually the key pieces of evidence in medical malpractice claims.
Witnesses testify about what the doctor did, and usually more importantly, what the doctor did not do. Frequently, during discovery, these witnesses testify during depositions. Deposition testimony is a little like trial testimony, except the proceeding usually takes place in a lawyer’s office and no judge or jury is present.
Insurance company lawyers often use depositions to probe for weaknesses in witness testimony and corner the witness into making inconsistent statements. Intensive preparation usually addresses these areas. However, it’s important not to go too far, or the witness’ testimony will sound rehearsed.
Medical records contain important diagnosis, prognosis, treatment, and cost information. Additionally, most medical records include doctor and nurse treatment notes. These notes usually indicate things like a patient’s pain level and overall attitude at certain times.
Attorneys often partner with independent doctors, who review these records. These reviews enable these doctors to estimate important items, like the need for future medical treatment. Sometimes, a doctor must physically examine a victim, in addition to reviewing the paperwork in the case.
Injured by Anesthesia Error in Port St. Lucie? Get a Free Legal Consultation Today!
Negligence Defenses
Most doctors demand that most patients sign consent forms. These forms almost always contain liability waivers, which form the basis of the assumption of the risk defense. Legally, this defense has two prongs. Let’s break them down.
First, the victim must voluntarily assume a risk. A consent form or liability waiver is usually a take-it-or-leave-it contract of adhesion. The anesthesiologist won’t provide services unless the patient signs the waiver as is. That’s not a voluntary agreement.
Second, the victim must assume a known risk. Most patients have little or no idea about the possible effects of various anesthesia medicines. Unless the risk is laid out in the document, and it usually isn’t, the risk was unknown as opposed to known.
You and your staff are simply the best. Jonathan I would like to say I proud of the manner in which you conducted yourself toward my family matter. You are my mentor and someone that I look up to. . . . I will always remember you and would highly recommend you to any family and friends. We appreciate everything you did for us. Staying with us. Being patient with us. And, most importantly believing in us. Our family will forever have a feeling of gratitude for all that you have done. I have tremendous respect and appreciation for Phil Freidin. He is a powerful and kind lawyer. He has proven to me that he genuinely cares about his clients; however, he is a force to be reckoned with in the conference and court rooms. Jonathan impressed me with his professionalism and expertise! Jonathan and Lizy handled my Medical Malpractice case with skill and secured a favorable outcome! They were responsive and kept me informed throughout my process. I highly recommend them to my Family and Friends! They were not even able to take on my case, but the person who did my intake and the lawyer I spoke to were incredibly validating, kind, and helpful. I appreciated the care and time they gave me even when I did not become a client. Jonathan, Phil, and the rest of the Freidin Brown attorneys were both professional and compassionate. They were always responsive to my family and me, and they have a deep dedication to their clients. I highly recommend the great lawyers at this firm! My experience with Freidin Brown was above my expectations. Philip Freidin took my case and settlement to finish line with amazing results. I highly recommend this Law Firm. Our family was referred to Freidin Brown by another attorney who could not handle our case and from day one we felt like we were in good hands. Johnathan Freidin was always available and willing to answer any questions we had. We are extremely happy with the results of our case and would recommend this team in a heartbeat. Had the pleasure of working with Andrew this year. He was very knowledgeable, but most importantly, he asked questions and listened to truly understand MY needs. Would definitely use this team again.
Contact a Dedicated St. Lucie County Lawyer
Injury victims are entitled to substantial compensation. For a free consultation with an experienced Port St. Lucie anesthesia error lawyer, contact Freidin Brown, P.A. We routinely handle matters throughout the Treasure Coast area.
