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Medical malpractice case against anesthesiologist goes to trial

That was the ruling of a U.S. District Court judge regarding a motion for summary judgment filed by an anesthesiologist in another state. He attempted to have a medical malpractice claim against him dismissed by claiming sovereign immunity because he said he was working for the state at the time of the incident. As might happen in a similar case here in Louisiana, the court ruled that he was not working in that capacity at the time, and ordered that the case go to trial.

The claim was filed after the death of a woman for whom he provided anesthesiology services during a surgery. The woman was a cardiac patient who required intubation during the procedure in order to keep fluids from building up around her heart. It is claimed that the anesthesiologist improperly placed the breathing tube and then failed to use a reliable method of monitoring her airflow.

The Virginia woman's brain was denied oxygen, which caused her to suffer an anoxic brain injury. She later died. In an after-surgery report, his efforts to intubate the woman were listed as being an "attempted intubation." The federal judge also determined that disputable facts existed that could be presented to the court at trial.

Louisiana families who file medical malpractice claims in the aftermath of the death of a loved one may encounter defendants who attempt to use any legal options available to them in order to have a case dismissed. Patience and commitment to the process are required since it could take some time to reach a trial. Nevertheless, a significant number of these claims do end up settling before trial. The most important first step on this journey is to contact a medical malpractice attorney for a case evaluation.

Source:, "U.Va. anesthesiologist faces $75,000 malpractice suit", Kate Lewis, March 27, 2017

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