Can You Sue for Sedation Lasting Too Long?

 Posted on June 17, 2024 in Medical Malpractice

When you undergo a medical procedure requiring sedation, you trust the medical professionals to administer the appropriate dosage and monitor your condition closely. However, in some cases, sedation may last longer than intended, leading to complications and potential harm. If you or a loved one has experienced prolonged sedation due to medical negligence, you may be wondering if you have grounds for a lawsuit. An Illinois lawyer can help you determine if you have a potential case.

What Exactly is Prolonged Sedation?

Sedation is a medically induced state of relaxation or unconsciousness, often used during surgical procedures or diagnostic tests to minimize pain and discomfort. The duration of sedation depends on various factors, including the type of medication used, the dosage, and the patient's individual response. In most cases, patients should regain consciousness and alertness within a reasonable timeframe after the procedure. However, when sedation lasts longer than expected, it can lead to complications such as:

• Respiratory depression
• Cardiovascular issues
• Neurological problems
• Delayed recovery
• Increased risk of infections

These complications can have serious consequences, potentially resulting in permanent damage or even death.

How to Determine if Your Situation is Considered Medical Negligence

To determine if you have a valid case for a lawsuit related to prolonged sedation, you must establish that medical negligence occurred. Medical negligence is defined as a healthcare provider's failure to adhere to the accepted standard of care, resulting in harm to the patient. In cases of prolonged sedation, medical negligence can include errors such as:

• Administering an incorrect dosage of sedative medication
• Failing to monitor the patient's vital signs and response to sedation adequately
• Not recognizing or responding to signs of complications in a timely manner
• Using defective or improperly maintained equipment
• Inadequate communication among the medical team

If any of these factors contributed to the prolonged sedation and subsequent harm to the patient, you may have grounds for a medical malpractice lawsuit.

How to Prove Your Case

To successfully pursue a lawsuit for prolonged sedation, you will need to gather evidence and consult with experienced medical malpractice attorneys. Your legal team will help you:

• Obtain medical records and documentation related to the procedure and sedation
• Consult with medical experts to establish the standard of care and identify deviations from it
• Calculate the extent of damages, including medical expenses, lost wages, and pain and suffering
• Negotiate with insurance companies and healthcare providers
• Represent you in court, if necessary

Consider Seeking Legal Assistance

It is important to act quickly, as Illinois has a time limit for medical malpractice cases. The statute of limitations is a legal time limit that dictates how long an individual has to file a lawsuit after an incident or discovery of an injury. In Illinois, the statute of limitations for medical malpractice cases is generally two years from when the incident occurred or the discovery of the injury, whichever comes later.

If you or someone you love has suffered from prolonged sedation due to medical negligence, there is a limited time to seek legal action. Losing the opportunity to seek compensation for your damages is a risk if you don't file a lawsuit within the specified timeframe.

Reach Out to a Rolling Meadows, IL Medical Malpractice Lawyer

If you have questions about your legal options regarding prolonged sedation or any other medical malpractice issue, an Arlington, IL medical malpractice attorney can help you understand your rights. We can help you see if you have the potential to carry out a case. Call Newland & Newland, LLP at 847-797-8000 to start by scheduling your free consultation.