The Case
A patient underwent a procedure requiring anesthesia. During the procedure, an anesthesia error occurred that caused a hypoxic brain injury—damage to the brain from lack of oxygen. The patient did not survive.
Anesthesia providers must carefully monitor oxygen levels, breathing, and vital signs throughout a procedure. When oxygen delivery is interrupted or inadequate, brain cells begin to die within minutes. Permanent brain damage or death can result from even brief periods of severe hypoxia.
The family pursued a medical malpractice claim based on the anesthesia error that caused the brain injury and death.
The patient had a neuromuscular syndrome, which the hospital knew about, and the condition prevented the patient from protecting her own airway (even while under light sedation). When the procedure was over, the anesthesiologist extubated her but did nothing to monitor her airway during the recovery period. After extensive investigation of the precise timeline of events, which required piecing together bits of data from approximately 10,000 pages of records, we filed a lawsuit. The defense requested mediation shortly thereafter.
The Defense
Another law firm declined this case before the family brought it to our firm. Medical malpractice cases involving anesthesia are complex and require extensive investigation, expert review, and significant financial investment. Some firms decline cases based on initial assessments without fully investigating the facts.
The defense never admitted liability, but did not seriously contest it, and the case was settled without formal discovery. The hospital and its employees knew about the case (prior to the filing of a lawsuit) because the patient remained hospitalized there for months following her injury.
The Resolution
After thorough investigation and development of expert testimony, the case settled for $2,100,000. The settlement reflected the preventable nature of the error, the tragic outcome, and the family’s loss.
Why These Cases Matter
Anesthesia is generally safe, but when errors occur, the consequences are often catastrophic. Patients and families trust anesthesia providers with their lives during surgery. That trust requires constant vigilance, proper monitoring, and immediate response to any sign of distress.
Hypoxic brain injuries during anesthesia are almost always preventable. Monitoring equipment, training, and protocols exist to catch problems before they become fatal. When these safeguards fail or are not followed, patients die.
Being told by one law firm that you have no case does not mean your case lacks merit. Medical malpractice claims require detailed investigation. Some firms make decisions based on limited information or lack the resources to pursue complex cases.
If a family member died or suffered brain injury during a procedure due to anesthesia complications, contact us for a thorough evaluation. We handle medical malpractice cases on a contingency basis—there is no fee unless we recover compensation for you.