The Deadline to File an Anesthesia Malpractice Claim

The deadline for filing most medical malpractice claims in court in Hawaii is two (2) years from the date when the plaintiff knew or should have known of the negligence of the medical care provider and that injuries resulted therefrom. It is not necessary for an expert to advise the injured party that there was professional negligence which caused the injuries before the statute of limitations will start running. It is sufficient to start the running of the 2 year period, if the injured parties have knowledge of the facts which establish an actionable claim. Buck v. Miles, Hawaii Sup. Ct. No. 20368 (Jan. 25, 1999). Some statutes appear to indicate that there is also a maximum limit of six (6) years from the date of the alleged negligence in which to file an anesthesia malpractice claim.

Anesthesia claim information

Anesthetized Patients require continuous monitoring during surgery

• Introduction

• Requirements for proper administration of anesthesia

1. Oxygenation

To ensure adequate oxygen concentration in the blood during all anesthestics, the "concentration of oxygen in the patient breathing system shall be measured by an oxygen analyzer with a low oxygen concentraion limit alarm in use." In measuring blood oxygenation "a quantitative method of assessing oxygenation such as pulse oximetry shall be employed."

2. Ventilation

To ensure adequate ventilation of the patient, every patient shall have the adequacy of the ventilation continually evaluated. While reliance may be placed on qualitative clinical signs such as chest expansion, observation of the reservoir breathing bag, and auscultation of breath sounds, quantitative monitoring of the CO2 content and or volume of expired gas is encouraged. When an endotracheal tube is used, the anesthesiologist must verify its correct positioning in the trachea and identify carbon dioxide in the expired gas. When ventilation is controlled by a mechanical ventilator, the device capable of detecting any disconnection or malfunction of the components of the breathing system. The device should also be designed to give an audible alarm whenever a disconnection or a malfunction is detected.

3. Circulation

To ensure that the patient's circulation remains adequate during the procedure, every patient shall have an electrocardiogram which continuously displays circulatory function during the entire operative procedure. Blood pressure and heart rate shall be evaluated at least every 5 minutes. In addition to the above, circulatory function shall also be continually evaluated by pulse measurements and heart sounds.

4. Temperature

In order to assure appropriate body temperatures throughout the procedure, there shall be means readily available for measuring the patient's temperature.

• The Anesthesia Record

• Complications During Anesthesia

• Conclusion

• If you believe that you may have a claim of this type, please take a few moments to visit with a paralegal to outline the nature of your claim. Thank you!

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