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Couple's lawsuit claims failure in standards of care

Most surgeries and out-patient procedures are performed only after the patient has been placed under general anesthesia and is unconscious. There are some exceptions to this, such as C-sections, which are quite often performed while a pregnant woman is still awake. Mothers in New Jersey who have undergone a C-section while awake may recount that they were still under the effects of anesthesia for the pain. An out-of-state mother claims that she was fully awake for her C-section too, but that the standards of care for her anesthesia were not followed.

The woman underwent a C-section in 2012 and, shortly beforehand, was administered anesthesia for the operation. However, her claim states that the hospital put an independent contractor in charge of her anesthesia rather than someone who was actually on staff. The suit further contends that both the woman and her spouse were under the impression that she would only receive care from the hospital, and that the hospital's use of the independent anesthesiologist was inappropriate. 

Additionally, the anesthesia that she was administered was not sufficient for the surgery. Her claim outlines that she suffered debilitating pain during the procedure and that she continues to suffer because of the negligence in the administration of her anesthesia. Her husband's portion of the claim states that he also lost something important that day -- the companionship and consortium from his wife to which his marriage to her otherwise entitled him.

For the cited damages of physical, mental and financial damages, including ongoing pain and suffering and permanent disfigurement, the couple is currently seeking roughly $75,000 for the alleged failure in the woman's standards of care. A successful award or settlement for an injury caused by medical malpractice can be crucial for the most effective recovery possible. Although many victims in New Jersey may hope that their suit is settled without having to step foot in court, a favorable award can still be successfully garnered before a trial jury.

Source: madisonrecord.com, "Med mal lawsuit alleging failed anesthesia during C-section transferred to Clinton County", Heather Isringhousen Gvillo, Feb. 6, 2015

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Alan D. Bell
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