Mother woke up during surgery.

Question

A year ago my mother 70 years of age woke up during cataract surgery while the surgeon instrument was inside the cornea causing injury. This happened with a very well known doctor at an ambulatory clinic. The anesthesiologist was not able to keep my mother asleep during the procedure since my mother woke up and moved during surgery. The doctor was not able to insert the lens and my mother was left blind from one eye for a year. During the year that my mother could not see, she suffered and she required assistance 24/7.  Two months ago, with the second eye surgery, another doctor at the hospital implanted the new cornea and lens but her vision is still 20/200 and she now is suffering from Cystoid Macular Edema.  Can a claim be made to the Anesthesiologist insurance or a lawsuit to compensate my mother for her pain and suffering from the first surgery gone wrong?

James Clifton · Answer

The anesthesiologist had a duty to ensure your mother was adequately anesthetized during the surgery. If the anesthesiologist failed to maintain the anesthesia, leading to your mother waking up, this could constitute a breach of that duty. You would need to prove that this breach directly caused the injuries and subsequent issues with her vision, and that your mother suffered damages in terms of physical injury, vision loss, pain, suffering, and the need for additional medical care. The statute of limitations is two years, so you need to act quickly. Schedule a free consultation to ensure that your mother's injuries are adequately compensated.

Q: Mother woke up during surgery.