During early February 2024, a Los Angeles medical malpractice jury returned its verdict after a two-week trial in the amount of $28,724,350.29 for the 56-year-old plaintiff. The jury found that the man became paralyzed and suffered permanent brain injury requiring him to have 24-hour nursing care as a result of the defendant anesthesiologist’s failure to properly intubate him during a routine medical procedure.
The man came to the hospital emergency room on April 24, 2018 after a fishbone became stuck in his throat. The procedure to remove the stuck fishbone took place the next day which required general anesthesia. The anesthesiologist encountered difficulties in intubating the patient but allegedly failed to use the required interventions in overcoming the intubation problems. As a result, the man’s brain was deprived of oxygen that led to his brain damage. He was placed in a medically induced coma for several weeks and brain cooling was used in an effort to protect his brain. He suffered multiple seizures while in a coma and when he was finally awakened, he discovered that he was paralyzed.
A twist in this California medical malpractice case was the allegation that the anesthesiologist and another member of the surgical team were engaged in personal conflict while the man was under general anesthesia, which reportedly led to a fistfight that distracted the anesthesiologist from performing her duties. The plaintiff’s California medical malpractice lawyer stated after the jury’s verdict, “It’s unfathomable that a medical professional would prioritize personal conflicts over patient safety. This verdict underscores the need for accountability and reform in the medical community.”
Source Antonio Leon v. Georgia Bode M.D. Et al., 19ST-CV-01640.
Anesthesiologist Medical Malpractice Claims
The annual overall rate of paid medical malpractice claims among all medical specialties in the United States is 14.1 per 1000 physician-years. Surgical specialties (i.e., neurosurgery, orthopedics, plastic surgery) account for the largest rates of medical malpractice claims, ranging from 30 to 53.1 per 1000 physicians-years with neurosurgery accounting for the highest paid claims (13%) of over one million dollars. In contrast, anesthesiologists experience an annual rate of paid malpractice claims of 11.7 per 1000 physicians-years with a similar percentage of paid malpractice claims (10%) reaching over one million dollars. Although most medical malpractice claims against anesthesiologist residents occurred in the intraoperative period, larger payments were rendered in claims that occurred in the postoperative period (pediatric patients are the highest risk population for larger payments).
The reduction of liability for medical malpractice claims against anesthesiology residents from January 1959 through December 2018 that resulted from the intraoperative period suggest that the continued patient safety initiatives implemented by the anesthesiology specialty has resulted in less liability to trainees and may stimulate future initiatives targeted to the postoperative period.
If you or a family member were harmed as a result of the medical negligence of an anesthesiologist in California or in another U.S. state, you should promptly find a California medical malpractice lawyer, or a medical malpractice lawyer in your state, who may investigate your anesthesiologist medical malpractice claim for you and represent you or your family member in an anesthesiologist medical medical malpractice case, if appropriate.
Visit our website or call us toll free in the United States at 800-295-3959 to find medical malpractice attorneys in California or in your state who may assist you.
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