Anesthesia Awareness and Illinois Medical Malpractice Laws

When faced with surgery, the capabilities of the surgical team will usually weigh heavily on your mind, and with good reason. All surgeries present inherent risks, and surgery, whether by election, or by necessity, is a major endeavor for all patients.

As part of your surgical team, your anesthesiologist is responsible for anesthetizing you so that you enter a state of unconsciousness during surgery, and are unable to feel any pain.

Anesthesia awareness is a phenomenon which occurs when too little anesthesia is given to the patient, allowing the patient to wake up, be aware of what is happening and even feel the excruciating pain of surgery. Patients who experience anesthesia awareness are also usually unable to communicate with their doctors in any way during this time, which can lead to life-long emotional damage as well as physical injury.

If you have suffered this horrifying experience, you may be able to seek compensation for your pain and emotional trauma through a Chicago medical malpractice lawsuit.

Some injuries known to occur as a result of anesthesia awareness are: 

• Post-traumatic stress disorder (PTSD);
• Severe anxiety;
• A morbid fear of death;
• Severe sleep disorders; and
• Other physical injuries. 

Chicago Medical Malpractice Laws

If you were injured as a result of anesthesia awareness, or wrongful under-dosing of anesthesia, you can hold your anesthesiologist accountable and seek compensation to recover your past, present and future medical bills associated with treating your injury. This includes psychiatric therapy, as well as any lost income.

Until recently, Illinois limited the amount of damages that could be awarded for non-economic losses associated with injury in a medical malpractice suit such as emotional trauma.

However, as of February 5, 2010, the Illinois Supreme Court found that the cap on non-economic damages was unconstitutional, and has removed the cap.

This is important to a victim of an anesthesia awareness error. If you were injured by an anesthesiologist's negligent action, your claim under an Illinois medical malpractice suit may now include full and fair compensation for emotional pain and suffering, without limitation.

To learn more about anesthesia errors, visit our medical malpractice articles library. 

Contacting a Chicago Medical Malpractice Lawyer

If you, or a family member, have been seriously injured by anesthesia awareness, you have the legal right to hold the anesthesiologist, malpractice insurer and even hospital accountable for the physical and emotional damages you suffered.

At the Law Offices of Barry G. Doyle, P.C., we understand the complex legalities of medical malpractice cases in the Chicago area. Let us help defend your legal rights to seek compensation for your pain and suffering caused by your anesthesia error injury. Contact us today for a no cost case evaluation on your anesthesia error medical malpractice claim at 312-263-1080.