Anesthesia Medical Malpractice

Joseph Conboy | June 30, 2025

Conboy Law Injury & Medical Malpractice Lawyers helps victims of anesthesia mistakes seek justice. We take on complex medical malpractice cases involving anesthesia-related injuries, brain damage, and other severe injuries.

If you or a loved one was harmed while under anesthesia, our legal team is ready to help you file a medical malpractice lawsuit and fight for the non-economic damages and medical expenses you deserve.

What Is Anesthesia Malpractice?

Anesthesia malpractice occurs when a medical professional makes a serious mistake before, during, or after giving anesthesia. This can involve general anesthesia, local anesthesia, or regional anesthesia.

These errors often happen when the medical history of the patient is not reviewed, or vital signs are not properly monitored. When these mistakes happen, they can cause serious complications, including respiratory failure and brain damage.

Common Types of Anesthesia Errors

Common Types of Anesthesia Errors

There are many ways that anesthesia can go wrong before, during, or after a medical procedure. Some mistakes may seem small at first but can cause serious harm, especially if the patient’s condition is not quickly noticed. These errors often involve failure to monitor, giving the wrong amount, or not responding fast enough when something starts to go wrong.

Some of the most common types of anesthesia mistakes we see in medical malpractice cases are:

Dosage Errors

Giving too much or too little anesthesia is one of the most dangerous mistakes. The wrong dose can cause the patient to stay awake during surgery or lose vital functions like breathing. These incorrect dosing mistakes can also affect the patient’s blood pressure or oxygen flow, leading to anesthesia awareness, brain damage, or even death.

Failure to Monitor the Patient

Once the patient is under anesthesia, doctors must closely watch their vital signs, including blood pressure, heart rate, and oxygen levels. If the care team fails to respond to sudden changes or equipment warnings, the patient could suffer serious complications like respiratory failure, brain injury, or cardiac arrest. Proper monitoring is crucial to maintaining the patient’s stability throughout the procedure.

Delayed Anesthesia Response

Even a few seconds of delay in fixing an anesthesia problem can be deadly. When the team takes too long to act after a drop in vital signs or a machine alert, the patient can suffer lasting harm. A slow reaction during surgery may be the result of inadequate training, poor communication, or inexperience in handling emergencies in the operating room.

Intubation Errors

Some procedures require a breathing tube or endotracheal tube to help the patient breathe while under general anesthesia. If the tube is placed wrong or not checked, the patient may not get enough air. This can lead to oxygen deprivation, brain damage, or serious injury that could have been avoided with proper technique and attention.

Allergic Reactions or Drug Interactions

Doctors must review a patient’s medical history to check for risk factors, known allergies, or other medications that may interact with the anesthesia. When they fail to do this, the patient may suffer adverse reactions, which can include rashes, breathing problems, or even death. These reactions are often preventable with proper care and review of medical records.

Injuries Caused by Anesthesia Mistakes

Anesthesia mistakes can lead to many different injuries. Some are short-term, but others can cause life-long problems or even death. A few of the common injuries that we see in anesthesia malpractice cases include:

  • Brain Damage: When the brain does not get enough oxygen due to poor monitoring or a blocked airway, it can suffer permanent harm. This type of serious injury may affect memory, movement, or the ability to speak.
  • Anesthesia Awareness: This happens when a patient wakes up during surgery and can feel pain or pressure but cannot move or speak. It can cause long-term fear, stress, or emotional trauma after the general anesthesia wears off.
  • Respiratory Failure: If the patient is not getting enough air during a procedure, their lungs may shut down. This can lead to emergency intervention, brain injury, or even death.
  • Oxygen Deprivation: Poor placement of a breathing tube or failure to check equipment can reduce oxygen to the brain and other organs. This may lead to permanent injury if not fixed immediately.
  • Severe Allergic Reactions: When the doctor fails to check the patient’s medical history, a drug interaction or allergy to anesthesia may cause swelling, breathing problems, or shock.
  • Coma or Death: In extreme cases, a mix of medical negligence and poor care in the operating room can result in coma or death. These tragic results are often linked to wrong doses, poor monitoring, or delayed responses.

Who Can Be Held Liable in an Anesthesia Malpractice Case?

Who Can Be Held Liable in an Anesthesia Malpractice Case_

When a patient suffers harm during surgery because of an anesthesia mistake, more than one person or group may be legally responsible.

Some of the parties who are often held accountable in medical malpractice cases involving anesthesia are:

  • Anesthesiologists: These are the doctors who give anesthesia and are responsible for checking the patient’s vital signs and adjusting levels as needed. If they fail to act or make a serious mistake, they may be liable.
  • Certified Registered Nurse Anesthetists (CRNAs): These trained nurses may assist with giving anesthesia. If they do not follow safety procedures or miss warning signs, they may be part of a malpractice claim.
  • Surgeons or Operating Room Staff: In some cases, surgeons or others in the operating room may fail to communicate, misuse tools, or delay action during an emergency. This failure to work as a team can lead to patient harm.
  • Hospitals or Surgical Centers: If the medical professional was not properly trained, or if the hospital used faulty equipment or had unsafe practices, the facility may be liable for medical negligence.
  • Equipment Manufacturers: If the pulse oximeter, endotracheal tube, or other devices used during surgery failed due to a defect, the company that made the equipment may also be liable.

How to Prove Anesthesia Medical Malpractice

To win an anesthesia malpractice case, you must show that the mistake could have been avoided if proper care had been given. This process involves showing that a trained medical provider acted in a careless or unsafe way that caused harm.

Here are the important steps for proving medical negligence in a court of law:

Standard of Care

In every anesthesia case, medical professionals must follow a basic level of care expected in their field. This involves monitoring vital signs, administering the correct type of anesthesia, and adjusting doses according to the patient’s medical history, weight, and overall health. If they do not follow these basic safety steps, it may be clear that they failed to meet the accepted standard of care.

Breach of Duty and Causation

Once the expected care is understood, you must show that the medical provider failed to meet it. This breach could include giving the wrong dose, ignoring risk factors, or failing to act when the patient’s vital signs dropped. You also have to prove that this specific mistake directly caused the patient injury, such as anesthesia awareness, brain damage, or another serious complication.

Evidence and Medical Expert Testimony

To build a strong case, your legal team must gather medical records, review surgery reports, and often bring in experts who understand anesthesia risks. These experts can explain how the error happened and how a skilled provider would have acted differently. Their testimony often helps the court or jury understand how the medical error caused the patient to suffer harm.

Time Limits to File an Anesthesia Malpractice Lawsuit

If you or someone you love suffered harm due to an anesthesia error, it’s important to act fast. Under Illinois law, you generally have two years from the date of the mistake (or when you discovered it) to file a medical malpractice lawsuit.

In some cases, like those involving children, this window may be extended. However, waiting too long can cause you to lose your right to recover compensation for your medical expenses, pain and suffering, and other losses. A skilled attorney can help you file on time and protect your rights.

Why You Need an Experienced Anesthesia Malpractice Lawyer

Why You Need an Experienced Anesthesia Malpractice Lawyer
  1. They Understand Medical Malpractice Lawsuits: A qualified lawyer knows how anesthesia malpractice occurs and understands the laws that apply to medical malpractice cases. They help you avoid legal mistakes that can hurt your case.
  2. They Know What Evidence to Collect: An experienced medical malpractice attorney will gather medical records, request anesthesia logs, and look for signs of medical negligence in the operating room.
  3. They Work With Experts: These attorneys partner with trusted medical professionals to explain how the mistake happened and how it led to a serious injury like brain damage, oxygen deprivation, or permanent injury.
  4. They Handle Legal Complexities for You: From insurance issues to the legal forms required to start a malpractice claim, your attorney manages the legal complexities so you can focus on healing.
  5. They Fight for Maximum Compensation: A strong legal team will push for full and fair compensation for non-economic damages, medical bills, lost income, and long-term medical treatment. Most work on a contingency fee basis, meaning you pay nothing unless they win your case.

FAQs

Anesthesia malpractice happens when a medical mistake is made before, during, or after giving anesthesia. This can include equipment misuse, wrong drug amounts, or failure to monitor a patient’s vital signs. If the mistake causes harm, it may qualify for medical malpractice claims. A lawyer can determine if negligence occurred and guide you through the process.

Yes. If patients regain consciousness during surgical procedures, it may be a case of anesthesia failure. When general anesthesia renders a patient unconscious, they should not feel pain or remember anything. If you woke up mid-surgery, you may be entitled to compensation.

Doctors and hospitals carry anesthesia malpractice insurance. This insurance may cover your medical bills, lost income, and pain. In some cases, other parties like health care staff or equipment makers may also be held responsible, especially if equipment malfunction or poor blood flow control causes harm.

Yes. Even if you have pre-existing conditions, you can still file a claim if the anesthesia mistake made your condition worse or caused new problems. A lawyer will review your medical history and run a thorough investigation to see how much the malpractice affected you.

These cases are complex. You need someone with experienced legal representation who understands how general anesthesia works, what standards doctors must meet, and what errors to look for. An attorney also knows how to prove fault using expert testimony, showing how patient safety was put at risk.

Contact Our Chicago Medical Malpractice Lawyer for a Free Consultation

Contact Our Chicago Medical Malpractice Lawyer for a Free Consultation

If you or someone you love has suffered harm due to an anesthesia error, you should not go through the legal process alone. These cases involve serious medical questions and complicated facts that can affect your health and future. Conboy Law Injury & Medical Malpractice Lawyers understands how overwhelming this situation can feel, especially when you’re dealing with pain, stress, and rising medical bills.

Our team will review your medical records, explain your legal rights in clear terms, and guide you step by step. You will get support from an experienced medical malpractice attorney who takes the time to listen and fight for the compensation you deserve.

We offer a free consultation, and you won’t pay unless we win your case. Let us help protect your rights, hold the responsible parties accountable, and work toward the best possible outcome. Contact us today to get started.

Joseph Conboy
Founding Attorney

Joseph M. Conboy, founder of Conboy Law, represents victims of catastrophic injuries and wrongful death, securing numerous multi-million-dollar results. Recognized as a Super Lawyers Rising Star (2019–2022), he is a member of the American Association for Justice and Illinois Trial Lawyers Association. Mr. Conboy earned his J.D. from DePaul University and a B.A. in Economics from the University of Colorado.

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