Medical Mistakes in Surgery or Anesthesia Malpractice

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Our Medical Malpractice lawyers have years of experience handling medical malpractice cases. Our lawyers have appeared on CBS News, Good Morning America (ABC), Dateline NBC, and other news programs. Kathleen Flynn Peterson, Terry WadeChris Messerly and Peter Schmit have been consistently named "Super Lawyers" and "Best Lawyers in America." Year after year we have been recognized in publications listing top recoveries for people who have suffered serious personal injuries or economic harm from medical negligence. Read more. 

Just because a surgery is long or complicated doesn’t mean that medical mistakes are acceptable. Surgeons and anesthesiologists must pay close attention to the amount of bleeding, the potential need for transfusions, the patient’s blood pressure, the amount of fluids given, and many other factors on a constant basis for the duration of the operation and anesthesia for the patient's safety and well being.

When a doctor or other health care professional is determined to be negligent because of a medical mistake during surgery, it means that they have failed to use the same degree of skill and learning, under the same or similar circumstances, that are used by other members of the medical profession. Failure to provide surgical or anesthesia care that is outside the accepted standards of practice can result in significant injury, disability, and even death. Injuries can include blindness, respiratory failure, brain injury, kidney failure, and any number of other problems.

Only a careful review of the medical records can determine the cause of the injury and whether the actions of the surgeon or anesthesia team played a part in causing the injury. Our lawyers and medical analysts have experience investigating medical mistakes and anesthesia malpractice and have the resources to access the type of qualified medical experts necessary to review complicated anesthesia malpractice and other medical mistakes in surgery cases.

Sometimes things can go terribly wrong and result in injury or death for the patient. If you believe you or a loved one has been injured by anesthesia malpractice or other medical mistakes during surgery, perhaps we can help. You will be able to speak to a registered nurse who understands the complex issues of surgical mistakes, critical care, and anesthesia malpractice that can result in serious injury. Please call our lawyers who handle anesthesia malpractice and other medical mistakes law at 1.800.552.7115 or contact us. If you think you have a medical malpractice case within MN, ND, SD, IA, or WI, please call 1.800.207.6771.

Selected Minnesota Case Reports

  • Negligent failure to provide appropriate assessments and interventions during a colonoscopy results in anoxic encephalopathy brain injury to a 49-year-old gentleman. Read more 

Verdict:

$2.2 million
Case Name: B. v. Gastroenterologist, CRNA
Date: April, 2011
Attorneys:

Terry Wade


  • Failure to maintain adequate blood stock, procure emergency blood in a timely manner, and have blood available to treat an obstetrical emergency resulting in death of 36-year-old, first-time mother. (Read more)
     

Verdict:

$4.6 million
Case Name: C. v. Monticello-Big Lake Hospital
Date: October 21, 2010
Attorneys:

Kathleen Flynn Peterson 


  • Failure to treat status epilepticus and whether non-conclusive status epilepticus ("NCSE") can lead to permanent cognitive impairment. (Read more)
     

Settlement 

$4 million
Case Name: Patient v. Dr. and Clinic
Date: March, 2010
Attorneys:

Kathleen Flynn Peterson 


  • Medical negligence case that resulted in an injury to patient's deep peroneal nerve during the performance of a right compartmental fasciotomy. (Read More)
     

Settlement 

$150,000
Case Name: Patient v. Orthopedic Surgeon
Date: March, 2011
Attorneys:

Kathleen Flynn Peterson
Brandon Vaughn 

  • Failure to timely and appropriately diagnose postoperative bleeding leads to death. (Read more)
     

Verdict:

$410,000
Case Name: C.P., as Trustee for D.P.
Date: September, 2010
Attorneys:

 Peter A. Schmit

  • Conspicuously bad handling of biopsy slides and paperwork leads to mixing up lab results of two patients, resulting in a healthy woman having an unnecessary double mastectomy.  Read more

Settlement:

$2,500,000

Case Name:

Woman and Her Husband v. Pathologists and Pathology Lab

Date:

October, 2004

Attorneys:

Chris Messerly

  • Negligent decision to attempt high risk lytic therapy results in embolic stroke in 42-year-old architect resulting in embolic stroke and serious neurological injuries.

Settlement:

$2,700,000

Case Name:

John Doe v. Interventional Radiologist

Date:

Fall, 2005

Attorneys:

John F. Eisberg

  • Failure to diagnose and treat idiopathic cardiomyopathy results in heart transplant in 54-year-old woman. (Read More)

Settlement:

$2,000,000 (policy limits)

Case Name:

M.E. v. Internist

Date:

May, 2007

Attorneys:

John F. Eisberg

  • Contraindicated LASIK surgery on a 43-year-old man resulting in progressive ectasia and the need for bilateral corneal transplants.  (Read More)

Settlement:

$ 1,750,000

Case Name:

Patient v. Doctor and Clinic

Date:

Winter, 2006

Attorneys:

John F. Eisberg
 

  • Negligence in the performance of minimally invasive spine surgery leads to permanent spine injury. (Read More)

Verdict:

$1,050,000

Case Name:

B.L. v. Defendant Health Care System

Date:

July 27, 2007

Attorneys:

Peter A. Schmit

  • Unnecessary aortic valve replacement surgery performed on healthy 69-year-old man. Hospitals systems error, specifically a transcription error, resulted in patient being subjected to surgery on the basis of another patient's diagnostic findings.

Settlement:

$ 650,000

Case Name:

D.M. and wife v. Physician's Clinic

Date:

May, 2007

Attorneys:

John F. Eisberg

  • Failure to diagnose and treat volvulus (twisting of the colon) in a timely manner in 62-year-old woman resulting in colostomy, multiple surgical procedures for ongoing infections and obstructions, and permanent and severe disability.

Settlement:

$2,000,000 (policy limits)

Case Name:

Jane Doe v. Surgeon and Surgical Group

Date:

July, 2006

Attorneys:

John F. Eisberg

  • (North Dakota) Negligently performed cardiac surgery results in death of 49-year-old farmer. (Read more

Settlement:

$1,300,000

Case Name:

M. v. Local Radiologist and Clinic

Date:

January, 2004

Attorneys:

Peter A. Schmit
Terry L. Wade

(Excerpts taken with permission from Minnesota Trial Lawyer Association’s (MTLA) “Minnesota Case Reports”)

  • Negligent failure to respond to increasing signs of neurovascular compromise in the lower extremity of plaintiff over a sixteen-hour period after surgery for repair of tibial plateau fracture of the right leg.

Settlement:

$925,000

Case Name:

Patient v. Orthopedic Surgeon and Hospital

Date:

December, 2007

Attorneys:

John F. Eisberg

(Excerpts taken with permission from Minnesota Trial Lawyer Association’s (MTLA) “Minnesota Case Reports”)

  • Negligent decision by interventional radiologist to perform radio-frequency ablation procedure to treat a uterine endometrioma that resulted in digestion problems and lifting restrictions for 42-year-old woman that impacts her ability to care for wheelchair-bound husband and special needs child.

Settlement:

$500,000

Case Name:

M. v. Local Radiologist and Clinic

Date:

June, 2006

Attorneys:

John F. Eisberg

(Excerpts taken with permission from Minnesota Trial Lawyer Association’s (MTLA) “Minnesota Case Reports”)