Rashad v. Mitchell: The consequences of anesthesia error
Still on medical malpractice, lawyer and doctor Bruce G. Fagel continues to enrich his readers with his knowledge of his craft. For this blog, he features the case of Rashad vs. Mitchell and the reality of anesthesia error.
Dr. Fagel achieved a verdict amounting to $5.6 million on behalf of a 3-year-old child who now remains in a persistent vegetative state after sustaining injuries resulting from anesthesia errors during and after tonsillectomy and adenoidectomy surgery.
This case exemplifies the very real possibility that doctors can also make mistakes despite the high regard that many people have for them due to their exceptional knowledge. According to Bruce G. Fagel, the defendant's negligent actions directly led to the patient's injuries. If only the patient was given proper treatment, the painfully life-changing incident could have been prevented.
After the surgery, the patient was no longer breathing, which the anesthesiologists responded to with CPR, medications, and re-intubation. A couple of minutes later, the patient regained his pulse. After that, however, the patient slipped into a coma, and after a month in that state, he was sent home.
Due to hypoxic brain damage and cardiac arrest, the patient remains in a persistent vegetative state and requires 16-hour nursing care.
Dr. Fagel proved that the defendant used an excessive amount of anesthesia and a rather wide ET tube for anesthesia administration during the surgery, which led to swelling and respiration in the recovery room, which eventually won him the case.