Tag: medical malpractice

suing for medical malpractice

The Horror of Anaesthesia Awareness

In the journal of Anaesthesia, researchers surveyed more than three million patients who received general anesthesia and concluded that roughly one in 19,600 patients “accidentally” wake up during surgery. This is referred to as Anaesthesia Awareness, and when retold by the patients who have experienced it, it sounds like a real horror story. Patients described a range of sensations including choking, paralysis, pain, hallucinations, and near-death experiences. Even though the experience is terrible for the patient during the surgery, most of these patients suffer long-term psychological consequences, PTSD, and depression.

Many times, this phenomenon occurs as a result of a medical mistake such as receiving the anesthesia at the wrong time during the surgical process. Even when the patients are awake during their surgery, many times other drugs keep those patients paralyzed and unable to communicate to the surgeons that they are experiencing extreme pain. Carol Weiher founded the Anesthesia Awareness Campaign after her anesthesia failed during an eye operation in 1998 and received a settlement after suing for medical malpractice.

Many physicians believe that this is a rare occurrence and that they are not at fault, however, careful observation and monitoring by the physician should show signs of awareness such as increased heart rate, increased blood pressure, sweating, tears, and dilation of the pupils. In 1996, a device known as a bispectral index monitor was approved by the FDA. This device works by placing a plastic sensor on the patient’s forehead transmitting brain waves to a unit that converts them to a number between zero and 100. When a patient has been given anesthesia, a patient should be kept in the range of 40 to 60. This device is only used in 12% of patients who receive anesthesia, and this device is also not present in 60% of all operating rooms.

Anesthesia awareness is serious, horrifying, has long-term effects, and should be taken more seriously and prevented. For any case to be considered medical malpractice under the law, the claim must have the following characteristics:

  • A violation of the standard of care
  • An injury was caused by the negligence
  • The Injury resulted in Significant damages

When you are suing for medical malpractice cases, Tammy Karas-Griggs is with you every step of the way. After you or a loved one has been injured by another’s negligence, you need an attorney who has been recognized for their professionalism and excellence. You can trust Tammy Karas-Griggs to handle your case with the skill and commitment required during your time of need. You and your loved ones deserve the best representation, and Tammy Karas-Griggs delivers.

louisiana medical malpractice

Louisiana Medical Malpractice Law

Medical malpractice can be a horrible thing to live through without any support. Fortunately, most states offer a chance to legally fight for compensation for pain and suffering. Each district provides its own jurisdiction over the statute of limitations or damage caps, but all offer some form of protection for a patient unfairly treated during a medical procedure. In the case of Louisiana medical malpractice, protection is almost a requirement.

Under the current state laws, Louisiana medical malpractice can lead to some immediate compensation towards the patient. However, the legalities can be a little difficult to understand at a cursory glance. To begin with, Louisiana has an established Patient’s Compensation Fund that covers health care providers in the situation of malpractice. Through the PCF, a patient can receive payouts equal to $100,000 plus interest based on the incident. Additional compensation can reach up to $500,000 plus the cost of any future medical expenses as they occur. These benefits, however, only come from clear evidence of malpractice prior to any additional case.  

To prove a case in Louisiana medical malpractice, most lawsuits fall under three of the same attributes. To be considered malpractice, there must first be an established doctor-patient relationship to prove the doctor’s medical duty to the client. Second, there must be proof that a doctor’s negligible actions led to a patient’s suffering. Under this ruling, a lawyer must prove both that a doctor’s actions directly led to harm and that the doctor’s procedure could have been done without resulting in the same damage. Finally, a victim of medical malpractice must also prove lasting harm and consequences from a doctor’s negligence. If no injuries or lasting effects can be connected towards the doctor’s actions, a patient cannot file a proper claim. While cases vary regarding the exact damage or form of negligence, these details remain constant throughout a proper malpractice lawsuit.

Before a malpractice case can go to trial, however, the case must go to a panel decided by the Patient’s Compensation Fund. For state health care providers, a panel of three doctors and one attorney to review case files. If they find that the incident falls under the qualifications for medical malpractice, then the patient can qualify for financial benefits directly from the fund with a lawsuit. In fact, the panel can be further called on to act as witnesses during the trial.

It should be noted, though, that the caps on damage payments and trials only apply to state health care providers. If a doctor is not connected to the PCF, they cannot receive the benefits of the program when it comes to lawsuits. For cases with private health care providers, there are no caps regarding a patient’s lawsuit. For these trials as much as any, a professional medical malpractice lawyer may be necessary to ensure the right compensation for any lasting suffering.

If you or a loved one is suffering from a doctor’s negligence, contact Tammy Karas-Griggs at (985) 247-0345 to fight for the best compensation. In Louisiana medical malpractice is a serious charge that deserves the full attention of the law.