I'm not admitted in Ohio (only in CA), but can offer the following general observations.
In a malpractice case, you first must establish that the medical professional(s) acted below the standard of care. That can usually only be established through expert testimony (i.e. in your case, another anesthesiologist willing to say that the treating anesthesiologist's care fell below that standard). It may well be that permitting the resident to do the work fell below the standard, but again, you'd need another anesthesiologist in your locale to testify to that.
Secondly, you must establish that the negligence was the cause of harm. (This is called "causation.") In other words, if the condition is something that he would have had to deal with anyway, or if the condition is something that you and the anesthesiologist could have reasonably expected, the defense will say that the negligence of the anesthesiologist did nothing to make the condition you went in for worse, or at least no worse than what could have been expected as a possible outcome. That is typically where these kinds of cases falter; the plaintiff may be able to show that the professional made a mistake, but cannot overcome the argument that the mistake didn't do any additional harm.
The third point is the issue of damages. If the negligence caused you to incur additional injuries, and you had to pay for those additional medical services, or miss time from work because of it, those would be your "special damages."
I would nonetheless consult with a local attorney specializing in professional (medical) malpractice cases. Most reputable PI/malpractice lawyers will consult with you for little or no cost. Avvo is a good resource for locating such an attorney.
Good luck to you!
Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.
I'm sorry to hear about your ordeal. The only way to find out if there was malpractice at any stage here is to order all the medical records and bills from the hospital medical records office (fastest if you do it yourself), and a med mal lawyer will send the records to an expert physician to review to ascertain whether there was a breach of the standard of care. Search Avvo's "find a lawyer" for a medical malpractice lawyer in your state, and get representation.
Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
Ohio has a one year medical malpractice statute of limitations. This means normally you must file suit within one year of the date of the injury by the resident. The one year may be extended under certain circumstances, but you MUST speak to a medical malpractice attorney in Cleveland IMMEDIATELY to determine if you still have time to file suit or time has expired. Call your local bar association's lawyer referral service today, and ask to be referred to a med mal attorney. Call the attorney today.
A roundup of the best tips and legal advice.