Medical Malpractice & Anesthesia Errors: Who Is Liable?

Published on September 6, 2022

One or several parties are liable for anesthesia errors in a medical malpractice claim, including the physician, anesthesiologist, nursing staff, manufacturers, or distributors. Under ARS Section 12-561, you have the legal right to file a medical malpractice claim against a licensed healthcare provider if they made an anesthesia error that resulted in a personal injury or wrongful death.

In this article, an Arizona medical malpractice attorney discusses five commonly liable parties in an anesthesia injury. We conclude by sharing what you can do if a medical professional injures you during surgery.

Liable Party 1. The Physician

The physician administering care to the patient during surgery or diagnosing the condition can cause anesthesia errors. They serve as the initial information provider to the anesthesiologist and provide incorrect information or erroneously may refer you to a surgeon when unnecessary. You could have a viable claim against the primary care physician in these instances.

Liable Party 2. The Anesthesiologist

The anesthesiologist could also be held liable for medical malpractice. They administer the amount and type of anesthesia used and ensure that you remain unconscious during the surgery. However, your anesthesiologist could have provided the wrong dose or type, resulting in an injury and grounds for a medical malpractice claim.

Liable Party 3. Nursing Staff

Errors made by nursing staff are less frequent. However, they may still be one of several healthcare professionals who make an anesthesia error, which could be due to a lack of supervision or following improper procedures. A nursing staff member may share responsibility with a physician or surgeon since they operate directly under supervision.

Liable Party 4. Manufacturers

Faulty equipment, either in the sold batch of anesthetic or in a device, can cause the manufacturer to face liability for your injuries. For the injured patient, this may require you to investigate the manufacturer’s involvement if negligence is apparent without indicating licensed healthcare professional involvement. Under these circumstances, ARS Section 12-681 allows you to pursue a product liability action against the manufacturer.

Liable Party 5. Sales Distributors

If there is a flaw in equipment or tools used during anesthesia administration, the sales distributor may be held liable and responsible for the resulting injuries. They are responsible for storing, transporting, and delivering medical products. Deviations away from federal and state transportation standards can degrade a product or damage equipment.

Proving Negligence for an Arizona Medical Malpractice Claim

Medical malpractice claims involving anesthesia errors prove that the licensed healthcare or service provider acted negligently. As such, you must demonstrate the liable parties failed to meet their medical duty of care, which is challenging to prove with limited information and evidence. Get in touch with an Arizona medical malpractice attorney to help you determine your legal options.

Get a Free Consultation with Knapp & Roberts

The legal team at Knapp & Roberts is ready to get you the answers you deserve. Call us for your Free Consultation at 480.991.7677 or by messaging us online. We do not get paid until you win your medical malpractice claim.