Medical Mistakes in Surgery or Anesthesia Malpractice

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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 wellbeing.

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. To get started, call us at 1.800.552.7115 or fill out the form on the right. 

Selected Minnesota Case Reports*

Verdict Case Name Date Description Attorney
$2.2 million B. v. Gastroenterologist, CRNA April, 2011 Negligent failure to provide appropriate assessments and interventions during a colonoscopy results in anoxic encephalopathy brain injury to a 49-year-old gentleman.
$4.6 million C. v. Monticello-Big Lake Hospital Oct. 21, 2010 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. 
$4 million Patient v. Dr. and Clinic March, 2010 Failure to treat status epilepticus and whether non-conclusive status epilepticus ("NCSE") can lead to permanent cognitive impairment.
$150,000 Patient v. Orthopedic Surgeon March, 2011 Medical negligence case that resulted in an injury to patient's deep peroneal nerve during the performance of a right compartmental fasciotomy. Brandon Vaughn
$410,000 C.P., as Trustee for D.P. Sept. 2010 Failure to timely and appropriately diagnose postoperative bleeding leads to death.
Peter A.Schmit
$2,500,000 Woman and Her Husband v. Pathologists and Pathology Lab Oct, 2004 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. Chris Messerly
$2,700,000 John Doe v. Interventional Radiologist Fall, 2005 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. John F. Eisberg
$2,000,000 (policy limits) M.E. v. Internist May, 2007 Failure to diagnose and treat idiopathic cardiomyopathy results in heart transplant in 54-year-old woman. John F. Eisberg
$1,750,000 Patient v. Doctor and Clinic Winter, 2006 Contraindicated LASIK surgery on a 43-year-old man resulting in progressive ectasia and the need for bilateral corneal transplants.  John F. Eisberg
$1,050,000 B.L. v. Defendant Health Care System July 27, 2007 Negligence in the performance of minimally invasive spine surgery leads to permanent spine injury. Peter A.Schmit
$650,000 D.M. and wife v. Physician's Clinic May, 2007 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. John F. Eisberg
$2,000,000 (policy limits) Jane Doe v. Surgeon and Surgical Group July, 2006 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. John F. Eisberg
$1,300,000 M. v. Local Radiologist and Clinic Jan, 2004 (North Dakota) Negligently performed cardiac surgery results in death of 49-year-old farmer. Peter A. Schmit
$925,000 Patient v. Orthopedic Surgeon and Hospital Dec, 2007 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. John F. Eisberg
$500,000 M. v. Local Radiologist and Clinic June, 2006 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. John F. Eisberg

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

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