Most people who go under anesthesia don't think much about it before the procedure. They sign the consent form, count backward from ten, and wake up in recovery. That's how it's supposed to work, and most of the time it does. But when something goes wrong with anesthesia, the consequences are rarely small. Brain damage. Paralysis. Death. These are the kinds of outcomes that change a family forever, and they're the kinds of cases the Virginia Beach malpractice lawyer team at Shapiro, Washburn & Sharp has handled for nearly four decades.
What Are Anesthesia Errors?
Anesthesia is a medical treatment that prevents patients from feeling pain during procedures such as surgery. It involves the use of medications called anesthetics that cause a patient to lose feeling or awareness. Whereas local anesthesia, such as that you may experience during a dental procedure, numbs only a small area of the body, general anesthesia, such as that used during major surgery, affects the whole body, rendering the patient unconscious.
An anesthesia error occurs when an anesthesiologist or other medical professional makes a mistake while administering anesthetics during a medical procedure. Such errors can result in severe consequences, like brain damage, paralysis, or even death.
What Are Some Common Anesthesia Errors?
Overdose of Anesthesia
This occurs when the anesthesiologist gives the patient too much of the anesthetic drug, which can cause respiratory failure, cardiac arrest, or brain damage due to a lack of oxygen. The anesthesiologist may have miscalculated the dosage, failed to adjust for the patient's weight and medical history, or administered multiple drugs without proper monitoring.
Underdose of Anesthesia
Just as an anesthesiologist may give too much of an anesthetic, they may also provide too little. This can happen if they underestimate the amount of medication needed or fail to recognize a patient's high tolerance for the drugs. This can cause the patient to wake up during surgery or to experience pain or distress.
Failure to Monitor Vital Signs
An anesthesiologist must carefully attend to the patient during surgery, tracking heart rate, blood pressure, and oxygen levels. If they fail to do that, become distracted, or are simply tired and not paying attention, it could lead to complications for the patient.
Intubation Errors
If the anesthesiologist lacks experience, rushes the procedure, or is somehow impaired, they may misplace the breathing tube or commit some other type of intubation error, resulting in complications.
Allergic Reactions or Drug Interactions
The anesthesiologist is responsible for reviewing the patient's medical history and must be aware of any allergies or contraindications to specific medications. If the professional fails to be thorough in this area, the patient may suffer from life-threatening reactions.
When Is an Anesthesia Error Medical Malpractice?
Not all medical errors are considered medical malpractice. Negligence must be established, meaning the healthcare provider failed to meet the standard of care expected in their field, resulting in patient harm.
To prove that the error was due to medical malpractice, you and your medical malpractice attorney must have the evidence to support your argument.
Medical Records
These would show a detailed history of the type of anesthetics used, the dosages administered, and the patient's vital signs throughout the procedure.
Medical Professional Testimony
This is a key component of a successful claim. A qualified physician, preferably another anesthesiologist, would analyze the case and determine whether the at-fault professional followed standard protocols.
Eyewitness Testimony
Sometimes, nurses, surgeons, or other operating room staff may step forward to provide additional information about what happened.
Hospital Protocols and Guidelines
It can help to review these and compare them to what happened during the procedure. Some deviations may show up that led to the patient's death.
Autopsy Reports
If the patient dies because of an anesthesia error, an autopsy can provide detailed evidence showing the cause of death. It may also reveal what the preventable errors were.
Incident Reports
Some hospitals document unexpected medical complications. If these apply in your case, getting copies of them can provide additional evidence in your case.
How Often Anesthesia Errors Happen Today
Anesthesia errors occur more often than most patients realize, even with the safety improvements over the past two decades. A 2024 study published in the Journal of PeriAnesthesia Nursing reviewed anesthesia malpractice claims and found that general anesthesia cases accounted for the bulk of the worst outcomes, including a high rate of cardiorespiratory arrest and hypoxic brain damage. Researchers continue to point to drug dosing errors and failures in patient monitoring as the issues that come up over and over again.
Another 2024 analysis compared closed liability claims from freestanding Ambulatory Surgery Centers and hospital operating rooms. Forty-four percent of claims happened in ASCs, which is a meaningful number given that ASCs handle a smaller volume of cases overall. Dental injuries and nerve damage from intubation and nerve blocks topped both settings. Communication breakdowns were more common in ASC claims, which makes sense given the smaller staff and faster turnover.
Some of the patterns that show up in these reviews include:
- Dosing miscalculations, especially in patients with kidney or liver disease
- Failure to obtain or review a full medication history before surgery
- Inadequate monitoring during the maintenance phase of anesthesia
- Delayed response to falling oxygen levels
- Failed intubations that go on too long before a backup airway is established
- Postoperative monitoring failures during recovery
Newer technology, including improved airway tools and continuous monitoring devices, has reduced the worst outcomes. But the underlying causes haven't gone away. They have more to do with human factors than with equipment. Anesthesiologists working too many cases in a row, CRNAs handling situations beyond their training without proper supervision, and operating room teams that don't communicate well are still common contributors to serious anesthesia injuries.
Filing an Anesthesia Malpractice Claim in Virginia
Virginia gives patients two years from the date of injury to file a medical malpractice claim under Va. Code Section 8.01-243. For anesthesia cases, the date of injury usually corresponds to the date of the procedure, though there are limited exceptions for injuries that aren't discovered until later, such as cognitive deficits from oxygen deprivation that become apparent only after recovery.
Virginia also has a cap on total damages in medical malpractice cases. The cap adjusts upward each year, and beneath it recoverable damages may include past and future medical bills, the cost of long-term care if the patient is permanently disabled, lost wages and earning capacity, and non-economic damages for pain, disability, and loss of quality of life. Wrongful death cases involving anesthesia errors follow a related but separate framework under Virginia law, and surviving family members usually have standing to bring those claims.
These cases need to be developed carefully. A Virginia Beach malpractice lawyer working on an anesthesia case will pull operative reports, anesthesia records minute by minute, post-anesthesia care unit notes, and incident reports, if any were filed. The team will work with anesthesiologists and other physicians to review what happened and determine whether the standard of care was met. This is detailed, document-heavy work, and rushing it usually hurts the case.
How Can a Medical Malpractice Attorney Help?
A medical malpractice claim involving an anesthesia error can be challenging to prove. Our skilled attorneys can increase the odds that you and your family will receive the compensation you deserve. Contact us at Shapiro, Washburn & Sharp today. We understand how to work with qualified physicians to analyze medical records and determine whether medical malpractice occurred. We will help gather the evidence you need to support your claim and negotiate with the insurance companies on your behalf.
Though some medical malpractice claims settle well before a scheduled trial, we will do all that's necessary to fight for your rights, meaning putting forward the best evidence in support of your claim to increase the likelihood of obtaining fair compensation. If the other side refuses to negotiate or to agree to a fair settlement, we have no problem preparing for and trying your case before a jury.
If your family is dealing with the fallout from an anesthesia error, call our office at 833-997-1774 to set up a free consultation with a Virginia Beach malpractice lawyer. Recent results from the firm include a settlement between $1.5 million and $2 million for the family of a 58-year-old man who died from a hypoxic brain injury after an intubation error during what should have been a routine hip repair surgery.
Our firm has offices in Virginia Beach, Portsmouth, Suffolk, Hampton, Norfolk, and Chesapeake, and represents injured patients and families throughout Hampton Roads.
