Family Receives $2,050,000 Recovery

Published

Anesthesia error results in $2,050,00 wrongful death recovery. In a tragic case, a father and husband met his demise during a routine procedure. The risk of brain injury or death in the type of procedure he underwent is 1 out of 365,000 or .0003%, but tragically our client fell victim to medical negligence. Our client was a patient in an outpatient surgical center when the doctor failed to appropriately administer and monitor anesthesia. 

The defendant alleged that the death was the result of unknown underlying conditions. Through counsel the doctor suggested that our client’s sleep apnea and obesity made him a high risk for unavoidable complications. The defendant suggested as well that our client was the unfortunate victim of risks associated with the procedure and administration of anesthesia.

The Marasco & Nesselbush litigation team including partner Joseph Marasco and associate attorney Jane Duket demonstrated through expert testimony that the doctor was or should have been aware of the unusual risks posed by the underlying conditions. The doctor failed to consider those risks when choosing to perform the surgery in the outpatient center without appropriate technologies and equipment available. Our experts further established that the doctor failed to properly assess and account for these risks in the administering the anesthetic. In addition, he failed to properly monitor his patient during the surgery. Had the doctor appropriately monitored our client, he would have noticed our client’s declining respiratory rate due to the anesthesia he administered. 

There are no words nor any amount of money that can erase the pain of a wife and children after having their loved one taken from them so suddenly, but we are honored to have helped fight for justice. We are proud to have obtained financial security for our client’s family in a kind and dignified way and to have held the negligent doctor accountable for his actions.