Call Today For A Free Consultation

Day: September 15, 2025

Blogs

New England Medical Malpractice Blog

When you go under anesthesia for a major surgery, you expect to wake up with the procedure complete and without any additional injuries. However, for some individuals, that isn’t what happens. They may find themselves waking up from anesthesia while the surgery is still ongoing, or discover that they sustained additional injuries while they were under.

If you are the victim of an anesthesia error, you may be able to seek compensation for your physical and psychological injuries through a medical malpractice lawsuit. By filing a lawsuit, you can hold the individuals and healthcare companies responsible for your injuries financially liable and prevent others from experiencing the same harm you did.

Injuries Caused by Anesthesia Malpractice

Anesthesia malpractice may include medication dosage errors, improper patient monitoring, and intubation errors. These errors can cause significant harm to patients, such as:

  • Brain injuries caused by an anesthesia overdose or a lack of oxygen
  • Nerve damage caused by needle placement or intubation errors
  • Paralysis resulting from extreme nerve damage
  • Stroke caused by incorrect anesthesia dosages paired with lax monitoring
  • Cardiac arrest caused by the failure to monitor a patient’s vital signs
  • Dental damage caused by improper intubation practices

What Is Anesthesia Awareness?

Anesthesia awareness occurs when a patient wakes up from anesthesia while still undergoing surgery. When this happens, the patient typically cannot move or inform the medical professionals of what has happened, leaving them to experience the continuation of their surgery while conscious.

Waking up during surgery can be a traumatic experience, leading victims to suffer from various psychological injuries, including anxiety and post-traumatic stress disorder (PTSD). These psychological injuries can be just as impactful as physical injuries caused by anesthesia malpractice, and may result from the same healthcare provider errors.

While you can seek compensation for your injuries related to anesthesia awareness, it’s crucial that you work with an experienced medical malpractice lawyer to do so. These injuries aren’t visible, which can make it challenging to prove them and recover the compensation you need.

Who Could Be Liable for Anesthesia Errors During a Surgery?

In many cases of anesthesia errors, the anesthesiologist is the person who could be liable for your injuries. They’re the person responsible for making sure you receive the correct drug dosage, that you aren’t allergic to the drugs used, and that your vital signs stay at an expected level.

However, the anesthesiologist isn’t the only one who could be at fault. The medical facility could be at fault for negligently hiring or failing to properly train the anesthesiologist, or for failing to maintain their equipment. And the equipment manufacturer could be at fault if defects in the equipment contributed to the incident.

What Compensation Is Available for Anesthesia Malpractice Victims?

Through medical malpractice lawsuits filed against the parties responsible for your anesthesia-related injuries, you could seek compensation for:

  • Past and future medical costs
  • Loss of income or earning potential
  • Physical pain and suffering
  • Emotional distress, including fear of future medical treatment

Contact Our Medical Malpractice Lawyers Today

If you were injured or woke up during a surgery while under anesthesia in Rhode Island or Massachusetts, you may be entitled to compensation through a medical malpractice lawsuit. Contact DeLuca, Weizenbaum, Barry & Revens, Ltd., for a free consultation with an experienced and knowledgeable medical malpractice attorney about your case.

Our team will help you explore your options for seeking compensation, including identifying the parties that could be financially responsible. We’ve successfully recovered millions for our deserving clients and are prepared to do what it takes to help you hold the parties who harmed you accountable.

If you experience complications from a surgical mistake, knowing what steps to take can be crucial for strengthening your medical malpractice lawsuit and maximizing your compensation.

The first step is to recognize the signs of a surgical mistake and seek medical care. Then, it’s important to document your injury and avoid discussing it with insurance adjusters. And finally, you must consult an experienced medical malpractice lawyer who can represent your best interests.

Signs You May Be the Victim of a Surgical Error

If you notice any of the following signs, it may indicate that you are the victim of a surgical error that could jeopardize your well-being:

  • Persistent or worsening pain in the area where your surgery was performed
  • Signs of infection, such as excessive redness, inflammation, or persistent fever
  • Abdominal pain or other signs of organ dysfunction
  • Nerve damage, including numbness, tingling, or weakness in the affected area
  • Lumps caused by foreign objects being left in your body post-surgery

If you experience these symptoms or your condition is deteriorating, it’s vital that you take additional steps to protect your health and strengthen your case against the at-fault medical provider.

Seek Medical Care

After identifying signs of a surgical error, it’s essential to seek immediate medical treatment. By seeking treatment, you will not only prevent your condition from worsening and complications from arising, but you will jumpstart your legal case.

When you get medical care, your treating doctor will note your condition in your medical records. These notes are crucial for proving that the doctor who performed the surgery made a critical error that caused you harm.

Later on, when you retain a lawyer, they may speak to your treating doctor to learn more about the injury you sustained due to the surgical mistake and have them testify on your behalf.

Document Your Injury

It’s essential that you keep detailed notes on your condition over time. This includes writing down your daily pain levels and the impact your injury has on your ability to work and your personal life.

These notes can be vital for proving the severity of your injuries during your case. For example, if the at-fault doctor’s insurance company attempts to claim that you didn’t suffer harm due to the error, you can show that the complications caused by the botched surgery impacted your ability to earn an income.

If your injuries are visible, it’s also important to photograph them over time to document their healing or worsening.

Avoid Discussing Your Case

The at-fault surgeon’s insurance company may contact you for a statement about the surgery that harmed you or your condition. You should politely decline to speak with them and instead direct them to your lawyer.

The insurance adjuster’s job is to get you to say something they can use to deny or devalue your claim, so it’s best not to engage with them at all.

It’s also a good idea to lock down your social media accounts and avoid posting on them until your case is resolved. The insurance company will monitor your accounts and may even take your posts out of context to harm your case.

Contact Our New England Medical Malpractice Lawyers

If you sustained injuries caused by a surgical mistake in Rhode Island or Massachusetts between Cape Cod and Boston, contact DeLuca, Weizenbaum, Barry & Revens, Ltd., for a free consultation about your case. Our firm has a proven track record of helping victims recover the compensation they need for more than 30 years, including one case resulting in a $21 million award for our client.

We’ll help you understand your options for seeking compensation and walk you through what to expect from a medical malpractice lawsuit. Don’t wait. Let our team help you get started today.

Archives

Archives