Anesthesia Error Lawyer in New York City

Attorney Michael Gunzburg

Why Hire an Anesthesia Error Lawyer in New York City?

You need an anesthesia error lawyer if an anesthesiologist's negligence caused you or a loved one serious injury or death during a medical procedure. Common situations include failure to properly intubate or maintain an airway leading to oxygen deprivation, administering incorrect dosages causing overdose or awareness during surgery, failure to monitor vital signs allowing dangerous drops in blood pressure or oxygen levels, allergic reactions that weren't prevented despite documented allergies, aspiration of stomach contents into the lungs from improper pre-operative fasting protocols, nerve damage from improper positioning during surgery, failure to recognize and treat laryngospasm or other airway emergencies, and delayed response to complications causing brain damage or cardiac arrest. These cases occur across all five boroughs, from surgical centers on the Upper East Side of Manhattan to hospital operating rooms in Park Slope, outpatient facilities in Astoria, teaching hospitals in Riverdale, and private surgical suites in New Dorp. If you woke up during surgery, suffered unexpected brain damage or stroke, or a loved one died during what should have been a routine procedure, you may have an anesthesia malpractice claim.

What to Expect When You Hire Our Anesthesia Error Lawyer Like Michael Gunzburg

Comprehensive Medical Record Review

We obtain and analyze your complete anesthesia records, including pre-operative assessments, intra-operative monitoring strips, anesthesia charts, operating room logs, post-operative notes, and equipment maintenance records to identify where negligence occurred.

Consultation with Board-Certified Anesthesia Experts

Our team retains experienced anesthesiologists who review every aspect of your anesthesia care and provide expert opinions about whether your anesthesiologist followed proper protocols, responded appropriately to complications, and met the standard of care.

Investigation of Operating Room Events

Anesthesia errors often involve disputed facts about what happened in the operating room. We depose all surgical staff, nurses, and anesthesia personnel, and scrutinize medical records for inconsistencies, alterations, or cover-ups that suggest negligence.

Identification of All Liable Parties

We pursue claims against the anesthesiologist who administered anesthesia, the surgeon if they contributed to the complication or failed to intervene, the hospital or surgical center for inadequate protocols or supervision, equipment manufacturers if faulty devices contributed, and anesthesia practice groups that employed the negligent provider.

Pursuit of Maximum Compensation

We fight for full recovery of medical expenses for emergency treatment and ongoing care, lost wages and earning capacity, pain and suffering, loss of quality of life, and in wrongful death cases, compensation for your family's financial losses and emotional trauma.

Benefits of Hiring Michael Gunzburg, P.C. for Your Anesthesia Error Case

Proven Results in Anesthesia Negligence Cases

We secured a $3.3 million settlement in a case where a healthy 39-year-old man died during an elective liposuction procedure due to gross anesthesia negligence. The anesthesiologist allowed the anesthesia mask (LMA) to become dislodged and then failed to follow the Difficult Airway Algorithm, a basic emergency protocol every anesthesiologist learns in training. She never administered succinylcholine (a medication she had with her in the OR) that would have broken the laryngospasm and opened the vocal cords for intubation. The plastic surgeon never performed a tracheotomy despite being told to do so. The patient received no oxygen for approximately 15 minutes and died. Even worse, both doctors tried to cover up their negligence by altering anesthesia records to make the airway appear more difficult than initially documented and to show everything was normal until the very end. This case demonstrates our ability to uncover the truth, prove egregious negligence, and hold multiple parties accountable for preventable deaths.

Expert Testimony from Board-Certified Anesthesia Specialists

Winning an anesthesia error case requires proving your anesthesiologist violated accepted standards of care and that this breach caused your injuries. We work with respected anesthesiologists who explain proper airway management techniques, appropriate drug dosages for patients of your size and medical condition, required monitoring protocols, and emergency response procedures. These experts review your anesthesia records line by line, identify exactly where your anesthesiologist deviated from the standard of care, and testify credibly about how proper anesthesia management would have prevented your injuries. They can also identify when anesthesia charts have been altered or when documentation doesn't match what actually happened in the operating room.

No Upfront Costs, You Pay Nothing Unless We Win Your Case

Anesthesia malpractice cases require substantial resources including expert anesthesiologists who charge $500-$1,000 per hour or more, medical record analysis, sometimes hiring additional experts in neurology or cardiology to explain injuries, and extensive litigation against hospitals with experienced defense teams. We advance all costs on a contingency fee basis, so you never pay attorney fees or case expenses unless we recover compensation for you. This allows you to pursue justice without financial burden while you focus on recovery or, in wrongful death cases, on grieving and supporting your family.

Thorough Investigation to Uncover Negligence and Cover-Ups

Anesthesia errors are often followed by attempts to conceal what really happened. In our $3.3 million case, the doctors produced two anesthesiology charts when normally only one exists, altered records to show an additional 15 minutes of normal vital signs that never occurred, and changed documentation to make the patient's airway appear more difficult than originally recorded. We scrutinize every page of medical records for inconsistencies, timestamp irregularities, and suspicious changes. We depose every person who was in the operating room to compare their testimony with the written records. We obtain equipment logs and pharmacy records to verify what medications were actually given versus what was documented. This meticulous investigation is often what breaks open a case and proves the truth.

Maximum Compensation for Catastrophic Injuries and Wrongful Death

Anesthesia errors frequently cause the most severe injuries, brain damage from oxygen deprivation, strokes, permanent vegetative states, paralysis, and death. These outcomes require enormous compensation to cover lifetime medical care, lost earning capacity, pain and suffering, and loss of quality of life. In wrongful death cases, we pursue damages for your family's loss of financial support, loss of companionship, funeral expenses, and the conscious pain and suffering your loved one endured before death. We don't settle for inadequate amounts that fail to account for the full magnitude of harm caused by anesthesia negligence.

Common Questions About Anesthesia Errors and Mistakes in New York City

What types of anesthesia errors qualify as malpractice in New York?

Anesthesia malpractice occurs when an anesthesiologist, nurse anesthetist, or anesthesia team deviates from accepted standards of care and causes patient harm. Common errors include failure to properly assess pre-operative risk factors like difficult airways, allergies, or medical conditions that affect anesthesia, administering incorrect drug dosages or wrong medications, failure to secure the airway or recognize when intubation has failed, inadequate monitoring of vital signs during surgery allowing dangerous changes to go undetected, failure to recognize and treat complications like malignant hyperthermia or laryngospasm, using defective or improperly maintained equipment, premature extubation before the patient can breathe independently, and failure to manage post-operative pain or complications. Even seemingly "minor" procedures like colonoscopies or dental surgeries require proper anesthesia monitoring, we've seen catastrophic injuries from routine procedures when anesthesia was mismanaged.

How do I know if my anesthesiologist was negligent?

Warning signs of anesthesia negligence include waking up during surgery and feeling pain or being aware (anesthesia awareness), suffering unexpected brain damage, stroke, or cardiac arrest during or immediately after a procedure, being told you stopped breathing or your heart stopped during surgery, having nerve damage or paralysis that wasn't present before anesthesia, developing aspiration pneumonia from inhaling stomach contents, experiencing burns or injuries from improper positioning while unconscious, or having a loved one die or suffer severe injury during what should have been a low-risk procedure. Post-operatively, if medical staff seem evasive about what happened, if records are incomplete or don't make sense, or if another doctor expresses surprise at complications that occurred, these are red flags. In our $3.3 million case, EMS personnel documented that the patient received no oxygen for approximately 15 minutes while on the operating table, clear evidence of catastrophic anesthesia failure.

What is the statute of limitations for anesthesia malpractice cases in New York?

You have 2.5 years from the date of the anesthesia error to file a malpractice lawsuit in most cases. However, if you were rendered unconscious or incompetent by the anesthesia negligence (such as suffering brain damage), the statute may be tolled (paused) during your incapacity, and in wrongful death cases, the family generally has 2.5 years from the date of death. For procedures at New York City public hospitals, you must file a Notice of Claim within 90 days of the incident and file suit within 1 year and 90 days. These deadlines are strictly enforced and missing them almost always destroys your case permanently. Additionally, anesthesia records and operating room evidence can disappear quickly, hospitals "correct" charts, staff members' memories fade, and equipment gets replaced or discarded. Contact an anesthesia error lawyer immediately if you suspect negligence.

Can I sue if I signed a consent form acknowledging anesthesia risks?

Yes. Consent forms acknowledge that anesthesia carries inherent risks like allergic reactions, blood clots, or rare complications that can occur even with perfect care. However, consent forms do not protect anesthesiologists from negligence or substandard care. If your anesthesiologist failed to properly monitor you, administered incorrect dosages, didn't follow emergency airway protocols, or otherwise violated the standard of care, the consent form doesn't shield them from liability. Additionally, consent requires that you were adequately informed of material risks, alternatives, and the anesthesiologist's plan. If you weren't told about specific risks related to your medical conditions, or if the anesthesiologist failed to disclose their inexperience with certain techniques, the consent may be invalid.

What damages can I recover in an anesthesia error case?

You can recover economic damages for all medical expenses including emergency treatment, brain injury rehabilitation, ongoing therapies, medications, medical equipment, home modifications for disabilities, and lifetime care if permanently disabled. You're entitled to compensation for lost wages during recovery and loss of earning capacity if you can no longer work in your previous capacity or at all. Non-economic damages compensate for pain and suffering, emotional distress and psychological trauma, loss of enjoyment of life, disability and disfigurement, and loss of consortium (impact on your marriage and family relationships). In wrongful death cases, your family can recover funeral and burial expenses, loss of financial support, loss of companionship and guidance, and compensation for your loved one's conscious pain and suffering before death. Anesthesia error settlements and verdicts often reach into the millions because injuries are frequently catastrophic. Our $3.3 million settlement demonstrates the significant value of these cases when negligence causes death or permanent disability.

Who can be held liable for anesthesia mistakes?

Multiple parties may be liable depending on the circumstances. The anesthesiologist who administered anesthesia and monitored you during the procedure bears primary responsibility for anesthesia care. If a nurse anesthetist (CRNA) provided anesthesia, both the CRNA and the supervising anesthesiologist can be liable. The surgeon can be held responsible if they interfered with anesthesia management, failed to intervene when complications arose, or contributed to the injury through their surgical actions, in our $3.3 million case, the plastic surgeon was liable for refusing to perform an emergency tracheotomy that could have saved the patient's life. The hospital or surgical center can be liable for inadequate credentialing of anesthesia providers, failure to maintain proper equipment, insufficient staffing or supervision, and inadequate emergency protocols. Anesthesia practice groups that employed the negligent provider can also be sued under respondeat superior (employer liability) principles. We often pursue claims against multiple defendants to maximize your recovery.

How do you prove an anesthesiologist was negligent?

Proving anesthesia negligence requires showing that your anesthesiologist deviated from the standard of care and that this deviation caused your injuries. We start by obtaining all anesthesia records, including the pre-operative assessment, intra-operative anesthesia chart with minute-by-minute vital signs and medication administration, post-operative notes, and any incident reports. Our board-certified anesthesiologist experts review these records and identify specific violations, failure to recognize a difficult airway, administering medications outside the appropriate dose range, inadequate monitoring intervals, failure to follow emergency protocols like the Difficult Airway Algorithm. We compare what your anesthesiologist documented with testimony from nurses, surgeons, and other operating room staff who witnessed what actually happened. We also examine whether the anesthesiologist had proper training and credentials for the procedure. In cases involving altered records, we use forensic analysis to prove documentation was changed after the fact to conceal negligence.

What if the anesthesiologist blames the surgeon or other staff?

It's common for anesthesiologists and surgeons to blame each other when complications occur, this is exactly what happened in our $3.3 million case. The plastic surgeon claimed the anesthesiologist couldn't reinsert the dislodged airway mask because he over-inflated the patient's neck with tumescent fluid. The anesthesiologist claimed the surgeon caused the mask to dislodge and then failed to perform a tracheotomy when she ordered him to. Both were partially right, both were negligent. Our experts analyzed the timeline and determined that the anesthesiologist's failure to follow the Difficult Airway Algorithm was the primary cause of death, while the surgeon's refusal to perform a tracheotomy was a contributing factor. When multiple providers share blame, we pursue claims against all of them. New York's joint and several liability rules often allow us to recover full damages from any defendant found liable, and they can then sort out responsibility among themselves. The important point is that finger-pointing between providers actually strengthens your case by showing neither met the standard of care.

Areas We Serve Clients

Michael Gunzburg, P.C. represents anesthesia error victims throughout New York City, including all five boroughs. We handle cases in Manhattan (including the Upper East Side where many surgical centers and hospitals are located, along with Midtown and downtown areas), Brooklyn (including Park Slope, Brooklyn Heights, and neighborhoods near major medical centers), Queens (including Astoria, Flushing, and areas near Elmhurst Hospital and other facilities), the Bronx (including Riverdale, Fordham, and neighborhoods near Montefiore and Jacobi Medical Centers), and Staten Island (including New Dorp, St. George, and surrounding communities). We also serve clients in Nassau and Suffolk Counties and throughout New York State.

Other Medical Malpractice Services We Offer

• Surgical Mistakes
• Failure to Diagnose Cancer (Breast, Vulvar, Other Cancers)
• Birth Injuries and Cerebral Palsy
• Gynecology Malpractice
• Misdiagnosis and Delayed Diagnosis
• Hospital Negligence
• Medical Malpractice Lawyer

Schedule Your Free Consultation with a New York City Anesthesia Error Lawyer

If you or a loved one suffered a catastrophic injury or death from an anesthesia error, you need immediate legal help. Anesthesia malpractice cases are complex, evidence disappears quickly, and hospitals have experienced defense lawyers working to minimize their liability from day one. Michael Gunzburg, P.C. offers a free, no-obligation consultation to evaluate your case, explain your legal options, and answer your questions. You pay nothing unless we recover compensation for you. Call 212-725-8500 today or contact us online. Let us uncover the truth, hold negligent anesthesiologists accountable, and fight for the compensation you and your family deserve.