Anesthesia Error Lawyer

When a Medical Mistake During Surgery Changes Everything

The decision to undergo surgery—whether elective or emergent—is often made with great care and trust. Patients rightly expect that the healthcare professionals entrusted with their well-being will act competently and attentively throughout every phase of the procedure. Among those responsible, anesthesiologists and certified registered nurse anesthetists (CRNAs) play a pivotal role in ensuring patient safety. When they make a critical error, the consequences are often catastrophic and irreversible.

At Ostroff Godshall Injury and Accident Lawyers, we represent individuals and families harmed by anesthesia malpractice throughout Pennsylvania. We understand the nuances of these cases—from the complexity of medical records to the legal standards required to prove liability—and we are prepared to guide you through every step of your claim. Our legal team is here to help you get answers, accountability, and compensation

anesthesia error lawyer

Understanding Anesthesia and Its Risks

What Is Anesthesia?

Anesthesia is the use of medications to prevent pain and discomfort during surgical and diagnostic procedures. It may render the patient fully unconscious, numb a region of the body, or desensitize a localized area. While modern anesthesia is generally safe and highly controlled, its administration is far from risk-free. The margin for error is slim, and even a small miscalculation can result in severe physiological harm or death.

Categories of Anesthesia

  1. General Anesthesia – Induces a temporary, controlled loss of consciousness. Used for invasive or major surgeries.
  2. Regional Anesthesia – Blocks sensation in a specific area of the body. Common forms include spinal and epidural anesthesia, such as an epidural during childbirth.
  3. Local Anesthesia – Targets a small area, typically for minor procedures. The patient remains fully conscious, such as for dental work or minor skin procedures.

Each type involves its own protocols, monitoring requirements, and associated risks. Errors may arise during administration, maintenance, or recovery.

What Constitutes an Anesthesia Error?

An anesthesia error is defined as a preventable mistake made in the planning, execution, or monitoring of anesthesia care. These errors are typically categorized as medical malpractice—a deviation from the accepted standard of care that causes patient harm. Common contributing factors include negligence, communication breakdowns, inadequate supervision, or failure to obtain an accurate medical history.

The impact of such mistakes can be immediate and life-threatening. In some cases, victims never fully recover. Others suffer hidden cognitive or physical deficits that alter the course of their lives.

Common Anesthesia Errors in Surgical Settings

While anesthesia complications can occur in a range of clinical settings—including dental offices, outpatient surgery centers, and emergency departments—most lawsuits arise from hospital-based surgical procedures. Below are the most frequently litigated types of anesthesia-related negligence:

  1. Dosage Miscalculations – Administering too much anesthesia can depress the patient’s respiratory or cardiovascular system, leading to hypoxia, coma, or death. Administering too little can result in intraoperative awareness, a traumatic event where a patient regains consciousness during surgery and may feel pain but be unable to communicate.
  2. Failure to Monitor – Continuous monitoring of vital signs is essential throughout anesthesia. A delay in recognizing declining oxygen saturation, arrhythmias, or blood pressure drops can result in irreversible brain damage or multi-organ failure.
  3. Improper Intubation or Airway Management – Endotracheal intubation ensures the patient receives oxygen while under anesthesia. Improper placement can block the airway, damage vocal cords or the esophagus, or lead to aspiration of stomach contents—a serious complication that can cause pneumonia or death.
  4. Medication Errors – Incorrect drug administration, such as failing to account for contraindications, allergies, or drug interactions, can lead to cardiovascular collapse, seizures, or anaphylaxis. Anesthetics must be carefully chosen and dosed according to a patient’s weight, medical condition, and history.
  5. Equipment Malfunction – Anesthesia machines, ventilators, and monitoring devices must be regularly maintained. Equipment failure—whether due to mechanical issues or human error—can result in undetected hypoxia or improper ventilation.
  6. Failure to Obtain Informed Consent – Patients must be adequately informed of the risks, benefits, and alternatives of anesthesia. Failure to disclose material information may constitute a breach of informed consent, particularly if complications arise that were not discussed.

Consequences of Anesthesia Malpractice

Anesthesia-related injuries are often devastating and may include:

  • Anoxic brain injury (due to lack of oxygen)
  • Cardiac arrest
  • Stroke
  • Permanent cognitive deficits
  • Tracheal or esophageal perforation
  • Paralysis or nerve damage
  • Post-traumatic stress disorder (PTSD) from intraoperative awareness
  • Aspiration pneumonia
  • Coma or persistent vegetative state
  • Wrongful death

Even when patients survive, they may require lifelong care, lose their ability to work, or face severe emotional trauma. Children and elderly patients are particularly vulnerable to adverse outcomes. Even brief lapses in attention during anesthesia can have lifelong consequences. That’s why the law holds anesthesiologists to such a high standard—and why you need a skilled legal team if they fall short.

Determining Liability in Anesthesia Malpractice Claims

Identifying the party or parties legally responsible for an anesthesia error is a critical step in any malpractice case. Depending on the circumstances, potential defendants may include:

  1. Anesthesiologist – As the primary provider of anesthesia, the anesthesiologist bears ultimate responsibility for its dosage, patient monitoring, and response to complications.
  2. Certified Registered Nurse Anesthetist (CRNA) – CRNAs often administer anesthesia under the supervision of a physician. Errors in judgment, delayed responses, or poor technique can form the basis of liability.
  3. Surgeon or Attending Physician – If a surgeon fails to communicate vital patient information or overrides anesthesia protocols, they may share responsibility for the resulting harm.
  4. Hospital or Surgical Center – Facilities may be liable for negligent hiring, inadequate training, or failure to maintain equipment. Institutional policies may also play a role in systemic failures.

At Ostroff Godshall, we conduct a thorough investigation to identify every potential source of liability—essential in complex malpractice litigation where multiple providers may share fault.

Proving Medical Negligence in Pennsylvania

To prevail in an anesthesia malpractice lawsuit under Pennsylvania law, the plaintiff must establish four legal elements:

  1. Duty of Care – A recognized patient-provider relationship existed.
  2. Breach of Standard of Care – The provider failed to act as a reasonably skilled and prudent provider would under similar circumstances.
  3. Causation – The breach directly caused the patient’s injury.
  4. Damages – The patient suffered measurable harm, whether physical, emotional, or financial.

Pennsylvania law also requires a Certificate of Merit, confirming that a qualified medical expert has reviewed the case and found that the defendant likely breached the standard of care.

Building a Successful Anesthesia Error Case

Medical malpractice cases demand more than legal knowledge—they require insight into the clinical decision-making process. Our firm works with board-certified anesthesiologists, nurses, and medical analysts to evaluate what occurred, whether protocols were followed, and how injuries could have been prevented.

We gather:

  • Operative and anesthesia records
  • Vital sign logs and monitor printouts
  • Pre- and post-operative notes
  • Expert medical opinions
  • Statements from witnesses and hospital staff

This meticulous approach is essential for confronting powerful hospital legal teams and insurance companies with the evidence needed to secure a fair outcome.

Recoverable Damages in Anesthesia Malpractice Lawsuits

Victims of anesthesia negligence may be entitled to both economic and non-economic damages under Pennsylvania law. These can include:

Economic Damages:

  • Emergency medical expenses
  • Ongoing and future treatment
  • Rehabilitation and therapy
  • Lost wages and loss of earning capacity
  • Home care services and medical equipment

Non-Economic Damages:

  • Physical pain and suffering
  • Emotional trauma and anxiety
  • Loss of enjoyment of life
  • Disfigurement
  • Loss of consortium (spousal claims)

In the Event of Death:

  • Funeral and burial expenses
  • Lost income and benefits
  • Emotional suffering of surviving family members
  • Loss of companionship and guidance

There is no cap on compensatory damages in Pennsylvania medical malpractice cases, although punitive damages (intended to punish egregious misconduct) are capped at two times the amount of actual damages.

Statute of Limitations for Medical Malpractice in Pennsylvania

Under 42 Pa.C.S. § 5524(2), most medical malpractice claims must be filed within two years of the date the patient knew or reasonably should have known of the injury. However:

  • Minors may have until their 20th birthday.
  • Wrongful death claims must generally be filed within two years of the date of death.
  • Discovery rule exceptions may apply if the injury could not have been discovered earlier.

Timely action is essential. Delay can result in the forfeiture of your legal rights, even in meritorious cases.

 

Frequently Asked Questions about Anesthesia Error Malpractice

Is it malpractice if a patient wakes up during surgery?

Yes, intraoperative awareness is often a result of underdosing or failure to monitor the depth of anesthesia. Patients who regain consciousness may suffer severe psychological trauma and physical pain. Such occurrences are rare but are often preventable.

What if my medical records don’t clearly document the error?

This is common. Our firm works with forensic experts to analyze monitor data, medication logs, and chart inconsistencies to uncover what actually happened.

Do I have a case if the doctor warned me of possible risks?

Informed consent does not excuse preventable mistakes. Providers must still adhere to the standard of care. If a foreseeable error caused avoidable harm, you may have a valid claim—even if risks were discussed.

Can I bring a case on behalf of a deceased family member?

Yes. You may be able to file a wrongful death and/or survival action to recover damages for medical costs, lost income, and emotional suffering. We can help you determine the appropriate course of action.

Why Choose Ostroff Godshall Injury and Accident Lawyers?

At Ostroff Godshall, we combine litigation experience with a profound understanding of medical negligence. Our attorneys are known for taking on complex, high-stakes cases—including those other firms reject.

Our Advantages:

  • Track Record: Millions recovered for malpractice victims across Pennsylvania.
  • Medical Partnerships: Access to top anesthesiology experts nationwide.
  • Client-Centered Approach: We treat every case with the seriousness it deserves.
  • Contingency-Based Fees: You pay no legal fees unless we obtain compensation.

Whether your injury happened in a large academic hospital or a small surgical clinic, our team has the resources and resolve to hold providers accountable.

Speak With a Pennsylvania Anesthesia Error Attorney

An anesthesia error can alter the course of a life in a matter of minutes. If you or a loved one has been affected, we are here to help you understand your rights and explore your options.

Call Ostroff Godshall Injury and Accident Lawyers today for a confidential consultation.

You can also fill out our secure online form to request a case review. We will respond promptly, with the care and transparency you deserve.

 

Client Testimonials

  1. “I cannot recommend Shayna Shorr from Ostroff Godshall Law enough. Navigating my mother’s wrongful death case was very stressful and emotional, but Shayna provided compassion, guidance, and knowledge every step of the way. Her great understanding of both the legal and medical nuances was evident in how thorough she was with our case. She fought and advocated for our family to ensure we were treated fairly and kept me informed with new updates. Thanks to her time, dedication, and negotiation skills, we achieved a successful resolution. If you need a knowledgeable and caring advocate, look no further.” Shayna will treat you like family. My siblings and I consider her a bonus sister! – Rea G
  2. “I must say that I had no idea how the litigation process worked. But after meeting the team, I soon realized they believed in me and fought as hard as I did seeking justice for myself and my family. Any questions I had, no matter how small or trivial, were answered quickly, with logic, knowledge of the process, and great empathy. Their team was stellar. But my true thanks go to Richard, Fallon, and Susan, and their entire staff. Always a quick response time to any questions I had, which meant so much during such a sad and frustrating time in my life.
    In the end, justice was served. And the team at Ostroff Godshall fought to obtain that justice for myself and my family. We are forever grateful. And recommend them highly.” – Lucy C.
  3. First and foremost, I want to thank the attorneys that worked with me during one of the most difficult times of my life. I am forever grateful to have been represented by such wonderful Attorneys. My Counselors, Shayna and Richard, were incredibly compassionate, understanding, and very patient with me. Their professionalism goes a long way. I loved how they worked with me and treated me as if I were someone in their family. I never felt like a client. I will forever be grateful to Ostroff Godshall because they saw me through one of the most devastating times in my life. I was able to call them, and they were always available. Shayna specifically is one-of-a-kind. I would reach out to her late in the evenings, and she would always respond to me and just be there for me. I will never forget the day I asked her to have breakfast with me on a weekend to discuss some of my concerns, and she did not hesitate to be there for me. I surely will never forget that. I would highly recommend Ostroff Godshall to anyone experiencing difficulties in their lives where they need good people to represent them. You will not regret it. One of my best decisions was hiring Ostroff Godshall to represent me. I am truly glad that I did. – Margarita M.
  4. “When I first contacted OG, I was a nervous wreck. I’ve never needed legal counsel before, but my experience working with them has been a blessing. They treated us like family and fought every step of the way to seek the justice we deserved. You say why OG? I say, why not? Who would you want in your corner? For me, it was OG.” – Nicole B.

 

Medical Malpractice Case Summaries

  •  $7,624,332 – CLARION COUNTY MEDICAL MALPRACTICE JURY VERDICT
    Medical Malpractice Verdict for Delayed Cancer Diagnosis
    Our firm secured a $7,624,332 verdict for a 33-year-old man following a one-year delay in diagnosing rectal cancer. The delay allowed the cancer to progress to stage IV metastatic disease and resulted in multiple surgeries.
  • $3,000,000 – PHILADELPHIA MEDICAL MALPRACTICE
    20 Month Delay in Diagnosing Breast Cancer
    $3,000,000 settlement in a Philadelphia Medical Malpractice case for a 56-year-old woman who had a 20-month delay in diagnosing breast cancer. By the time the cancer was diagnosed, it had progressed to Stage III invasive lobular breast cancer, resulting in a double mastectomy, 16 rounds of chemotherapy, 12 rounds of radiation, and a loss of chance of survival. The case was able to be settled after depositions.
  • $1,300,000 – LUZERNE COUNTY SETTLEMENT
    Shoulder/Arm Injury
    $1,300,000 pre-trial settlement for client injured by doctor’s medical malpractice when he cut a major nerve in her shoulder while performing a simple biopsy on her skin. Her injuries limited her arm movement thereafter.
  • $1,000,000 – YORK COUNTY SETTLEMENT
    Botched Plastic Surgery
    $1,000,000 settlement of lawsuit filed in York County, shortly before trial. Client was seriously harmed by a local doctor who botched a plastic surgery he performed on her.
  • $985,000 – PHILADELPHIA SETTLEMENT
    Deep Tissue Buttock Injuries
    $985,000 settlement during trial for a woman from Delaware who sustained severe, deep tissue injuries to her buttock from a negligently administered injection.
  • $485,000 – CRAWFORD COUNTY SETTLEMENT DURING TRIAL
    Stroke $485,000 settlement during trial for client from Cambridge Springs who suffered a stroke as a result of medical malpractice.
  • $300,000 – CHESTER COUNTY MEDICAL MALPRACTICE
    Delayed Diagnosis in Young Child
    Our firm secured a $300,000 recovery for a young child whose testicular torsion went undiagnosed, resulting in the removal of one testicle. His parents were initially told that he had constipation and were instructed to take him home.
  • $225,000 – PHILADELPHIA MEDICAL MALPRACTICE
    Medical Malpractice Recovery for NG Tube Misplacement Case
    Our firm secured a $225,000 recovery in a case involving the improper placement of an NG tube at Children’s Hospital of Philadelphia. The tube was placed in the lower lobe of the patient’s left lung rather than in her stomach. Shortly after placement, the patient reported that something felt wrong, and her parents observed that the tube appeared abnormal. Despite these concerns, they were allegedly reassured that the placement was proper based on a pH reading, without an X-ray to confirm it. Consequently, our client underwent several surgeries to clear her lung.