You trusted your medical team to keep you safe during surgery. When anesthesia goes wrong, the consequences can be life-altering. Brain damage, nerve injuries, breathing complications, and even death are all possible outcomes of an anesthesia error. If you or a loved one was harmed because an anesthesiologist failed to provide safe, competent care, you have rights under South Carolina law.
McCravy, Newlon, & Clardy Law Firm has been serving South Carolina families for 30 years. We offer free consultations and work on a contingency-fee basis, which means you do not pay us unless we recover compensation for you. Call our experienced Greenville medical malpractice lawyers today at 866-MCCRAVY to discuss your case with our Greenville team.
What is Anesthesia Malpractice?
Anesthesia malpractice occurs when an anesthesiologist or nurse anesthetist (CRNA) provides care that falls below accepted medical standards and harms the patient. Under South Carolina law, medical malpractice means doing what a reasonably prudent health care provider would not do, or failing to do what a reasonably prudent health care provider would do, in the same or similar circumstances.
Anesthesia is one of the most critical and high-risk components of surgery. The anesthesiologist is responsible for evaluating your medical history, selecting the appropriate type and dose of anesthesia, monitoring your vital signs throughout the procedure, and managing your recovery afterward. When any of those responsibilities are handled carelessly, the results can be devastating.
Common Anesthesia Errors that Lead to Lawsuits
Not all surgical complications amount to malpractice. However, certain anesthesia errors consistently appear in medical negligence claims across the country.
Dosing errors: too much or too little anesthesia
Getting the dosage right is fundamental to safe anesthesia care. An anesthesiologist must consider your age, weight, medical history, and current medications before determining the correct amount. Administering too much anesthesia can suppress breathing, cause dangerous drops in blood pressure, or lead to cardiac arrest. Administering too little can result in the patient regaining consciousness during the procedure or experiencing uncontrolled pain.
Dosing errors often stem from a failure to review the patient’s chart thoroughly, miscommunication among surgical team members, or a simple mathematical miscalculation.
Failure to properly monitor the patient
Once anesthesia is administered, the anesthesiologist’s job is not over. Continuous monitoring of heart rate, blood pressure, oxygen levels, and breathing is required throughout the surgery. Even a brief lapse in attention can allow a dangerous change in vital signs to go unnoticed.
Common monitoring failures include leaving the operating room during the procedure, failing to respond to alarms on monitoring equipment, and failing to recognize early signs of an adverse reaction. These errors can lead to oxygen deprivation, brain damage, and death.
Anesthesia awareness: waking up during surgery
One of the most terrifying anesthesia complications is intraoperative awareness, where the patient wakes up during surgery. While the patient may be unable to move or speak (due to paralytic agents), they can sometimes feel pain and hear what is happening around them. This experience is traumatic and frequently results in long-term psychological conditions, such as post-traumatic stress disorder (PTSD), anxiety, and depression.
Anesthesia awareness typically happens because of underdosing, equipment malfunction, or the anesthesiologist’s failure to use appropriate brain-monitoring technology when it is indicated.
Injuries and Deaths Caused by Anesthesia Negligence
The injuries from anesthesia errors range from temporary discomfort to permanent disability and wrongful death. Some of the most serious consequences include:
- Traumatic brain injury from oxygen deprivation
- Spinal cord or nerve damage
- Heart attack or stroke during surgery
- Aspiration pneumonia (when stomach contents enter the lungs)
- Permanent cognitive impairment
- Chronic pain conditions
- Death
Families who lose a loved one due to anesthesia negligence may be able to pursue a wrongful death claim in South Carolina. These cases allow surviving family members to seek compensation for medical bills, funeral expenses, lost income, and the emotional toll of their loss.
How to Prove an Anesthesiologist was Negligent in South Carolina
Medical malpractice cases in South Carolina have specific legal requirements that make them more complex than typical personal injury claims.
Establishing the standard of care
To prove anesthesia malpractice, you must show the anesthesiologist owed you a duty of care, that they breached the accepted standard of care, and that the breach directly caused your injuries. This almost always requires testimony from a qualified medical professional who can explain what a competent anesthesiologist should have done in your situation.
South Carolina’s prelitigation requirements
South Carolina law requires that before filing a medical malpractice lawsuit, the plaintiff must file a Notice of Intent to File Suit along with an affidavit from an expert witness. Filing the Notice of Intent to File Suit tolls (pauses) all applicable statutes of limitations, giving your legal team time to pursue prelitigation mediation. Within 90 to 120 days after service of the Notice of Intent, the parties must participate in a mediation conference to attempt to resolve the matter before a lawsuit is formally filed.
Time limits for filing your claim
Under S.C. Code Ann. § 15-3-545, a medical malpractice action typically must be commenced within three years of the treatment or operation or three years from the date of discovery (when the injury was or should have been discovered), not to exceed six years from the date of occurrence. Do not wait to take action. The sooner an attorney can begin investigating, the stronger your case will be.
Need help understanding whether you still have time to file? Call 866-MCCRAVY for a free consultation with our team.
Compensation Available in Anesthesia Malpractice Cases
If your anesthesia malpractice claim is successful, you may be entitled to recover compensation for:
- Medical expenses: Past and future treatment, rehabilitation, and therapy
- Lost wages and earning capacity: Compensation if the injury prevents you from working
- Pain and suffering: Physical pain and emotional distress
- Loss of enjoyment of life: When injuries prevent you from doing things you once enjoyed
- Wrongful death damages: Funeral costs, lost financial support, and loss of companionship for surviving family members
South Carolina uses a modified comparative negligence system with a 51% bar. This means you can still recover compensation as long as you are not more than 50% at fault. Your percentage of fault reduces your recovery.
Frequently Asked Questions About Anesthesia Malpractice
How do I know if my anesthesia complication was malpractice?
Not every bad outcome means malpractice occurred. Malpractice requires proof that the anesthesiologist deviated from the accepted standard of care and that deviation caused your injury. An experienced attorney can review your medical records and consult with medical professionals to determine whether you have a viable claim.
Can I sue the hospital as well as the anesthesiologist?
In many cases, yes. Medical malpractice liability is not limited to doctors. It can also apply to nurses and other health care providers, and hospitals can also be found liable for malpractice. If the hospital employed the anesthesiologist or failed to properly credential them, the facility may share responsibility for your injuries.
What does it cost to hire a medical malpractice attorney?
McCravy, Newlon, & Clardy works on a contingency-fee basis. You do not pay us anything unless we recover compensation for you. Your initial consultation is completely free with no obligation.
Speak With a Greenville Anesthesia Malpractice Attorney
Anesthesia errors can cause injuries that change your life. You should not have to absorb those costs because a medical professional failed to provide safe care. With 30 years of experience and a deep commitment to ethical, principled representation, McCravy, Newlon, & Clardy is here to help you understand your options.
Our Greenville office is located at 2 Butternut Drive, and we have seven offices across South Carolina to serve you. Call 866-MCCRAVY today for a free consultation. There is no upfront cost and no obligation. Let us review your case and give you the honest answers you deserve.