Anesthesia Error Attorney in Raytown
Litigating Against Major Medical Institutions Since 1997
Anesthesia errors rank among the most serious forms of medical malpractice. The consequences can be immediate, catastrophic, and permanent. If you or a family member suffered harm during a surgical or medical procedure in the Raytown area, you may have grounds for a claim under Missouri law. Bertram & Graf, L.L.C. has been handling complex medical malpractice cases since 1997, and our attorneys bring the same intensity to anesthesia error claims that we’ve applied to cases against the country’s largest medical device manufacturers and institutional defendants.
We offer free consultations, including virtual appointments, and we work on a contingency fee basis. You owe us nothing unless we recover on your behalf.
If you believe an anesthesia error caused your injury, call us today at (888) 398-2277 to speak with an anesthesia error lawyer and get a free case evaluation with no obligation.
What Counts as an Anesthesia Error
Anesthesia errors can occur before, during, or after a surgical procedure. Each stage carries distinct risks, and a failure at any point can cause serious harm.
Common types of anesthesia negligence include:
- Incorrect dosage: Too much anesthesia can cause respiratory depression or cardiac arrest. Too little can result in intraoperative awareness, where the patient regains consciousness during surgery while unable to move or communicate.
- Medication errors: Administering the wrong drug, incorrect preparation, or drugs given in the wrong sequence.
- Failure to monitor vital signs: Heart rate, blood pressure, oxygen saturation, and carbon dioxide levels require continuous monitoring. Missed readings allow complications to escalate.
- Failure to review patient history: Overlooking known allergies or potential drug interactions before administering anesthesia is a recognized form of negligence.
- Equipment malfunction: Failures in ventilators, infusion pumps, or monitoring devices can directly contribute to an error and may implicate the equipment’s manufacturer.
- Inadequate pre-operative or post-operative assessment: Errors in preparation and recovery monitoring are both recognized categories of anesthesia-related negligence.
Injuries That Can Result from Anesthesia Negligence
Physical injuries include brain damage, lung collapse, spinal cord damage, cardiac arrest, stroke, asphyxia, coma, and death. Intraoperative awareness carries its own lasting harm: post-traumatic stress, anxiety, sleep disturbances, and chronic stress disorders are well-documented consequences that may also be compensable. Because these injuries are frequently severe and may require long-term care, the financial stakes of pursuing a claim are significant.
Who Can Be Held Liable
Identifying every responsible party is one of the most consequential steps in building an anesthesia error case. Liability doesn’t always rest with a single provider.
Anesthesiologists are typically the primary responsible party for dosage, drug administration, and monitoring failures. Certified Registered Nurse Anesthetists (CRNAs) administer anesthesia independently in many settings and carry their own liability for errors in their practice. Hospitals and healthcare facilities can be held responsible when they fail to maintain equipment, staff procedures adequately, or properly supervise anesthesia providers.
When defective equipment contributes to the error, the medical device manufacturer may share liability. Pharmaceutical companies may be liable if a drug defect or inadequate warning played a role. We’ve litigated cases against a number of the country’s largest medical device manufacturers, so we know how to pursue claims that extend beyond the operating room to corporate defendants prepared to resist them.
How We Build Anesthesia Error Cases in Raytown
Proving anesthesia malpractice requires establishing four elements: a provider-patient relationship existed, the anesthesia provider breached the standard of care, that breach directly caused the injury, and the injury produced quantifiable damages. Missouri law also requires filing an affidavit from a legally qualified health care provider within 90 days of filing suit under Missouri Revised Statutes section 538.225, and expert testimony from a qualified anesthesiologist is typically essential to establish what the standard of care required.
We review medical records, identify all liable parties, engage qualified expert witnesses, and handle all communications with insurance companies and defense counsel. No two anesthesia error cases are alike, so we build every strategy from the ground up.
Attorney Credentials & Court Admissions
Attorney Benjamin A. Bertram has been rated by SuperLawyers for five years and was named to both the 2017 National Trial Lawyers Top 100 and the 2017 Mass Tort Trial Lawyers Top 25. Attorney Gregory C. Graf holds an AV Rating from Martindale-Hubbell. Attorney Tim West is admitted to practice in both Kansas and Missouri, which means Raytown clients who received care at facilities on either side of the state line can work with our firm.
Missouri Filing Deadlines for Anesthesia Malpractice Claims
Under Missouri Revised Statutes section 516.105, a medical malpractice claim must generally be filed within two years from the date the alleged act of negligence occurred, not from when the injury was discovered. Missouri doesn’t have a general discovery rule for medical malpractice. Limited exceptions exist: if a foreign object was negligently left in the body, or if a provider failed to inform a patient of test results, the two-year period may run from the date of discovery. Missouri also imposes an absolute outer limit of 10 years from the date of the alleged malpractice, regardless of when the injury became apparent. It is a hard deadline that cannot be extended.
Because anesthesia errors aren’t always recognized immediately as the product of negligence, it’s important to understand that the clock typically starts running at the moment of the negligent act itself. Delay carries real practical risks: critical evidence can be lost, witness recollections fade, and the procedural steps required under Missouri law take time to complete. Raytown residents who suspect an anesthesia error should consult an attorney as soon as possible.
Compensation You May Be Able to Seek
Economic damages in an anesthesia malpractice case may include past and future medical expenses, rehabilitation and long-term care costs, lost wages, and diminished future earning capacity. Non-economic damages address pain and suffering, emotional distress, loss of quality of life, and psychological injuries such as post-traumatic stress. Missouri law imposes a cap on non-economic damages in medical malpractice cases, which can affect the total amount recoverable for pain and suffering. Contact us for guidance on how that cap applies to your specific situation.
When an anesthesia error results in death, surviving family members may have grounds for a wrongful death claim under Missouri law. In cases involving egregious or grossly negligent conduct, punitive damages may also be available, though they aren’t awarded in most cases.
Why Raytown Clients Choose Bertram & Graf, L.L.C.
We’ve handled complex, high-stakes medical malpractice cases for over 25 years. We’ve stood up to major institutional defendants, including some of the country’s largest medical device manufacturers, and we aren’t deterred by the size of the hospital, insurer, or corporation on the other side of a claim. Attorney Bertram’s recognition by the National Trial Lawyers Association reflects the level of commitment we bring to every case.
Clients receive honest communication, transparent recommendations, and a legal strategy built specifically for their situation. You stay in control. We handle the complexity. And because we work on contingency, you don’t pay legal fees unless we recover on your behalf.
Contact Bertram & Graf, L.L.C. at (888) 398-2277 to schedule your free consultation with an anesthesia error attorney serving Raytown and the greater Kansas City area.