Articles Posted in Anesthesia Malpractice

A Pennsylvania jury this month awarded $12.7 million to a woman who suffered brain damage after her physicians prematurely removed her breathing tube at the conclusion of a routine tonsillectomy.  At the time of the procedure, the woman was a 33 year-old special education teacher.  The crux of the allegation was that the surgeon, anesthesiologist and nurse anesthetist did not properly evaluate whether the anesthesia had worn off enough for her breathing tube to safely be removed.  After the breathing tube was removed, it was alleged that the health care providers did not monitor the woman’s oxygen levels for sixteen minutes and when they finally did, it showed an oxygen lever of 81 percent, which her lawyers described as “dangerously low.”  She was re-intubated but was unresponsive and exhibiting seizure-like involuntary limb movements.

Last month, a Fairfax County, Virginia jury returned a verdict of $500,000 against a Bethesda, Maryland based anesthesiologist for her conduct during a colonoscopy procedure she oversaw. As reported by multiple news outlets, as the Plaintiff, a Virginia man, prepared for his colonoscopy in a medical suite, he pressed the record button on his smartphone, in an effort to capture the post-operative instructions that anticipated his doctor would give him. His smartphone, which was in his pants pocket and placed under the operating table during the procedure, ended up recording the entire procedure. When he returned to his home, the man pressed play and was shocked at what his phone had recorded. In short, what he heard was the entire operating room team, including his anesthesiologist and gastroenterologist, openly and viciously mocking him while he under anesthesia. For example, at the outset of the procedure, a medical assistant noted that the man had a rash. In response, the anesthesiologist warned her not to touch it, tell the young woman that she “might get some syphilis on your arm or something” then adding, “it’s probably tuberculosis in the penis, so you’ll be all right.” The anesthesiologist was also recorded telling the sedated man that “after five minutes of talking to you in the pre-op…I wanted to punch you in the face and man you up a bit.” In addition to the shocking commentary, the health care providers also instructed an assistant to lie to the man after the procedure and how the doctors would endeavor to avoid him after the colonoscopy. Lastly, the doctors also discussed placing a false diagnosis on his chart – stating that the man had hemorrhoids, when in fact he did not.

When you hear the words “medical malpractice,” what is the first thought that comes to mind? For most people, it probably is that a hospital or physician made a serious medical mistake. However, medical malpractice does not just cover physicians and their medical team, but dentists, too. And sometimes dentists can make tragic mistakes.

All Baltimore, Maryland hospitals have been sued for allegedly causing a patient to die due to medical malpractice and the University of Maryland hospital is no exception. For example, there is the case of Elliot Muti. This 65 year old man allegedly died of medical malpractice about a month and a half after he experienced a heart attack (myocardial infarction). Before he was treated at the University of Maryland hospital, he underwent a cardiac catheterization which revealed a ninety-nine percent blockage of a heart artery that was not fit for a stent. He then was transferred to the University of Maryland hospital for heart bypass surgery. As part of this surgery, a tube was placed down Mr. Muti’s throat (intubation) to help him breathe. Later, the presence of air in the man’s chest cavity (a “pneumomediastinum”) was discovered. A bronchoscopy revealed an injury to the trachea. Ultimately, the man developed pneumonia, an abnormal heart rhythm (ventricular tachycardia), and kidney (renal) failure which led to his death. A copy the judicial opinion regarding the case can be found here.

An Alabama jury has awarded $20 million in a medical malpractice case in which a woman died after receiving negligent anesthesia care. The woman, a wife and mother of two, died in 2006 after receiving anesthesia during exploratory surgery. The woman, who had been suffering from severe abdominal pain, aspirated bile from her stomach into her lungs, causing aspiration pneumonia. The family claimed that the defendant doctors did not examine the woman’s abdomen or look at her medical records before the exploratory surgery, which would have revealed her risk factors for breathing fluid into her lungs.

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