Per Ohio Revised Code 2305.113, you have one year to file a claim for damages due to the anesthesia error. However, if you file a notice that you are considering bringing a claim before the one-year period expires, you have 180 days from the date of the notice to file your claim.
Your first step should be talk to a lawyer about whether your case qualifies as medical malpractice, the type of case under which an anesthesia case would fall. Malpractice cases hinge on proving that the medical professional at fault violated a standard of care and that this led to the injuries and complications. Without a clear outline of how the doctor’s negligence led to your injury, you will have a hard time proving that the anesthesia error caused your damages.
Therefore, it’s important to collect all medical records, emails, and other correspondence pertaining to your case. Your attorney may use this information to argue that the doctor or anesthesiologist violated the standard of care and that it led to your injuries. Medical records and other documentation can also establish the extent of your damages, which is also important when filing a medical malpractice case.
In some cases, multiple parties may be liable for your injuries stemming from medical malpractice. Whether you can file a claim against a hospital depends on if the hospital employs the anesthesiologist or doctor who made the error. Many are not actual employees of the hospital, so vicarious liability may not apply to the case.
However, if the hospital knowingly allowed an unqualified medical professional to practice in its facilities and that medical professional makes an error that causes you harm, you may be able to hold the hospital partially liable. Talk to your attorney about vicarious liability and which parties might be liable for your damages.
Anesthesia errors can cause a great deal of financial burden and emotional trauma due to additional treatment, permanent injury, time away from work, loss of job, and more.
Possible damages include:
If you are in the Cleveland area and believe a hospital and/or anesthesiologist or doctor is liable for your injuries and resultant damages, call Ryan, LLP at 877-864-9495 or contact us via our contact form. We are happy to provide a free initial consultation to discuss your options based on the details of your case.