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Florida Anesthesia Malpractice Lawyer

People undergoing anesthesia expect the anesthesiologist to administer the proper medications in the correct doses, operate machinery properly, recognize and treat adverse reactions, and meet the proper standard of care. If you or a loved one was harmed due to an anesthesia error or a lack of monitoring in PACU, our Florida anesthesia malpractice lawyers can help you fight for justice and fair compensation.

Written and edited by our team of expert legal content writers and reviewed and approved by Daniel Harwin

Content last updated on:
November 14, 2024

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Anesthesia errors can lead to short- and long-term health issues such as heart attacks, strokes, brain damage, and paralysis. In the most severe cases, they can lead to wrongful death. When an anesthesiologist’s negligence causes harm, victims deserve a chance to seek compensation and justice.

It is important to understand that anesthesia providers play an important role in surgical clearance. The lawyers at FHVG have significant experience handling cases against anesthesia providers that inappropriately cleared a patient for surgery.

If you or a loved one suffered harm due to an anesthesiologist’s negligence, an experienced Florida anesthesia malpractice lawyer from Freedland Harwin Valori Gander can help you fight for what you deserve.

How Do Anesthesia Errors Occur?

When you undergo an emergency or scheduled procedure requiring anesthesia, you deserve competent care that doesn’t cause unnecessary harm. While some complications may result from unforeseeable reactions, many patients suffer harm from anesthesiologists’ negligence. If you suffered an injury from an anesthesia error, you deserve compensation.

Some types of anesthesia malpractice include the following:

Choosing the wrong anesthesia
Administering the wrong dose
Failing to properly use equipment
Causing injury while administering anesthesia
Not recognizing a bad reaction
Failing to anticipate or treat a bad reaction
Inappropriately clearing a patient for elective surgery
Failing to diagnose intra-operative changes in vital signs
Failing to monitor post-surgery during recovery (PACU)

A 2021 Florida anesthesia malpractice incident shows the extreme harm that patients face. A 57-year-old patient died after an anesthesiologist responsible for connecting him to a ventilator failed to do so properly.

Several things can lead to anesthesia errors, such as fatigue, hospital understaffing, carelessness, lack of training, and communication failures. There are also dangers inherent in the use of anesthesia drugs such as propofol.

A study of anesthesia medication errors and adverse drug events during operations found that just over 79 percent were preventable. Of the cases involving medication errors, more than 25 percent involved propofol, 10 percent involved phenylephrine, and 9 percent involved fentanyl.

What You Need to Know About Anesthesia Lawsuits in Florida

The process for medical negligence lawsuits in Florida differs from other personal injury claims. The law dictates specific timelines and requirements for these suits to determine the merits quickly and provide for arbitration and mediation.

Filing an Anesthesia Lawsuit: Steps and Important Legal Procedures

Anesthesia error lawsuits are complex, made more so by Florida’s strict medical negligence requirements. You need an experienced attorney to take several critical steps on your behalf, such as:

Investigate your case and collect evidence – Florida requires that plaintiffs conduct a reasonable investigation before filing an anesthesia error lawsuit.
Hire an expert witness -A doctor properly licensed in the same field must submit a written expert affidavit stating that your anesthesiologist was negligent.
Notify the other party – Florida law requires notice and a 90-day screening period. The other party uses this time to conduct its investigation. They may reject your claim, offer a settlement, or admit guilt and offer arbitration to determine damages.
Attend mediation -Medical malpractice suits in Florida are subject to mandatory mediation within 120 days of filing unless the parties mutually agree to a delay or arbitration.
Engage in settlement negotiations – Your attorney will negotiate with the opposition and its insurers to obtain the maximum settlement possible.
Represent you in court, if necessary – If we cannot settle for a fair amount, your medical malpractice attorney from FHVG will fight tenaciously on your behalf.

Florida Statute of Limitations for PACU & Anesthesia Administration Malpractice Claims

You have two years from when your anesthesia error happened or when you should have discovered your harm through due diligence. Even if there was a delay in discovering your injury and its link to malpractice, you must still file your suit within four years of the incident date.

If fraud, concealment, or intentional misrepresentation prevented the discovery of your injury, you still have two years from when you discovered or should have discovered the harm. However, the four-year hard limit is extended to seven years.

Why Choose FHVG as Your Florida Anesthesia Malpractice Lawyer?

When you choose a Florida anesthesia malpractice lawyer from Freedland Harwin Valori Gander, you get the legal expertise and personalized support we offer every client. We are fierce advocates for people in our community who need our help and deserve justice.

Best Lawyers in America, Super Lawyers, and the South Florida Legal Guide have recognized our firm’s lawyers. Our dogged pursuit of justice has resulted in over $2.6 billion recovered for our clients. Our case results include medical malpractice jury verdicts of $24.5 million and $20.2 million, an arbitration award of $15.2 million, and a $10 million settlement.

Our award-winning medical malpractice attorneys at Freedland Harwin Valori Gander have extensive experience fighting for victims in several types of medical negligence cases, such as:

If an anesthesia error has injured you or a loved one, contact Freedland Harwin Valori Gander for a free case evaluation. When you partner with us, we pay the costs of your lawsuit, and we don’t get paid unless we secure compensation on your behalf.

But don’t just take our word for it. Many of our clients have offered positive testimonials attesting to our skill at securing the best possible results for them and their families. Here’s what one satisfied client had to say:

“Always choose Freedland Harwin Valori Gander! Nailed every aspect of representation. Aggressive when needed but also effective negotiators during settlement. Lawyers need to follow this firm’s lead!” – Joshua

Determining Liability and Defense Strategies

Your Florida anesthesia error lawyer must prove that your anesthesiologist was responsible for your injuries and that they acted outside the normal standard of care. They must also overcome defense claims through persuasive arguments in settlement negotiations or court.

Criteria for Proving Medical Negligence Determining Liability

To be successful in an anesthesia malpractice claim, you must show that there was medical negligence. Your evidence must prove that the anesthesiologist breached the professional standards of care that are recognized as acceptable by similar health care providers.

Overall, your attorney must prove four elements of negligence, including:

The anesthesiologist owed you a duty of care. A doctor-patient relationship typically establishes this.
They breached that duty. Generally, you must prove that the anesthesiologist deviated from the accepted standard of care.
That breach caused you harm.
You have damages due to that harm.

Defense Strategies Used by Defendants in Anesthesia Error Cases

To avoid paying damages, the opposing health care professional, hospital, and insurance company in your lawsuit may use one or more defenses. For example, if you have a heart attack after receiving anesthesia, they may blame other factors.

They may claim that there was no violation of the standard of care, also called the judgment defense. They would have their witnesses rebut your expert’s testimony, claiming they acted as other doctors would under the same circumstances.

They may also claim that your harm was your fault, for example, that you didn’t follow instructions such as avoiding eating and drinking before your procedure.

The experienced Florida anesthesia error lawyers at Freedland Harwin Valori Gander know these strategies and can persuasively counter them.

How Can One Seek Compensation for PACU Malpractice Damages in Florida?

In a Florida anesthesia malpractice lawsuit, you can seek compensation for economic and non-economic damages. Economic damages include past and future medical expenses, lost wages, and lost earning capacity. Non-economic damages include compensation for pain and suffering, emotional distress, and loss of consortium or companionship.

If the anesthesiologist acted intentionally or grossly negligent, you may be able to pursue punitive damages.

If your loved one died as a result of an anesthesia error, a wrongful death attorney from Freedland Harwin Valori Gander can help you with a lawsuit to fight for damages.

Anesthesia Malpractice Settlements

You may get compensation for your harm through a settlement with the anesthesiologist, their insurance company, or the hospital. Because Florida law mandates mediation and settlement negotiations, your lawyer must have significant experience in these cases.

Defendants and their insurance companies want to save money, so they offer unfairly low settlements or try to convince plaintiffs to drop cases. An experienced and skilled medical attorney knows their tactics and will have tried and true strategies to counter them. Never talk to the other party or their insurance company without an attorney’s advice.

Contact Our Florida Anesthesia Error Lawyer Today

Freedland Harwin Valori Gander is committed to helping individuals and families try to secure justice and fair compensation in anesthesia error cases. Put our 20-plus years of experience to work for you. Call Freedland Harwin Valori Gander today at (954) 467-6400 or complete our online form to set up a free consultation anytime, anywhere.

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CASE RESULTS

$24.5 Million

MEDICAL MALPRACTICE

JURY VERDICT

Damages Jury Verdict on behalf of the family of a 34-year-old woman who bled to death during childbirth. With the assistance of top experts, we were able to demonstrate that doctors did not follow proper safety protocols, forcing the defendants to admit liability shortly before trial.

$12.2 Million

PHARMACEUTICAL LIABILITY

SETTLEMENT

A settlement won on behalf of the family of a 47 year old woman whose death resulted from the use of a dangerous pharmaceutical drug. We proved the manufacturer knew of the dangerous side effects & did not provide proper warning.

$10 Million

BIRTH INJURY

SETTLEMENT

A settlement on behalf of a child who suffered a brain injury as a result of oxygen deprivation during birth. Through years of tactical and technical litigation, we were able to prove that the nurses and physicians both failed to intervene and prevent the brain injury.

$1.2 Million

MOTOR VEHICLE ACCIDENT

SETTLEMENT

A settlement on behalf of a middle-aged man who was read ended by a waste management truck.

$1.5 Million

NURSING HOME NEGLIGENCE

SETTLEMENT

A settlement on behalf of the family of an elderly man who died as a result of being neglected and uncared for by a nursing home.

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I met Dan about a year ago. He never made me feel that it was about the money. When he spoke with me he was asking how Bill (my brother) was and if he was doing better. He made me feel like family and always asked if I was alright. That means a lot. Everyday is something new and I challenge for my brother. I would recommend [FHV] to everybody because I really believe that they’re helping from their hearts… from a really good place.

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