How Do You Prove Negligence in an Anesthesia Malpractice Case?

 Posted on December 07, 2025 in Medical Malpractice

Anesthesia errors are some of the most dangerous medical mistakes because they can cause brain damage, permanent injury, or death. In Illinois, you have to prove negligence when you file a medical malpractice case. It requires strong evidence and expert insight. Experienced Chicago medical malpractice lawyers can help you make sense of what happened and build your injury claim.

What Counts as Anesthesia Malpractice in Illinois?

Anesthesia malpractice can occur before, during, or after a procedure. Examples include giving the wrong medication, providing too much or too little anesthesia, or failing to watch the patient’s vital signs. These mistakes can cause long-term harm like nerve damage, heart problems, or brain injury.

Sometimes, complications occur even when the provider does not do anything wrong. In Illinois, a case only qualifies as malpractice if the medical provider acted below the level of care that another reasonable provider would have given under the same conditions. A lawyer can review your records to determine whether your injury meets this standard.

Who Can Be Held Liable for an Anesthesia Error?

More than one person may be responsible for an anesthesia error. The anesthesiologist is usually the main focus in these cases. However, other professionals, such as nurse anesthetists, surgeons, and hospitals, can also play a role. For instance, if a hospital failed to maintain proper equipment or a nurse gave the wrong dose, those actions may contribute to the injury.

According to 735 ILCS 5/2-622, you need to include an affidavit of merit when filing a medical malpractice claim. This affidavit shows that a qualified medical expert has examined the details of the case and believes there is enough evidence to move forward. If it is missing, the court may reject the claim before it proceeds. Your attorney will coordinate with medical professionals to ensure this document is properly prepared and filed.

What Do You Need to Prove Negligence in an Anesthesia Case?

To prove negligence in an anesthesia case, you have to provide evidence to support the four main points:

• Duty of care: The provider had a professional duty to act with skill and caution.

• Breach of duty: The provider failed to meet that standard of care.

• Causation: The failure directly caused harm to the patient.

• Damages: The patient suffered actual losses, such as medical bills, lost income, or long-term pain.

Your medical charts, anesthesia logs, and surgical reports can serve as key evidence in your case. These records show which medications you received, when they were given, and how your vital signs were monitored during the procedure. Expert witnesses can then review this information to explain what went wrong and whether your provider’s actions fell below accepted medical standards.

Illinois law also limits how long you have to file a malpractice claim. Under 735 ILCS 5/13-212, most patients have two years from the date they knew or should have known about the injury to take legal action.

Schedule a Free Consultation With Our Chicago, IL Anesthesia Error Attorneys

An anesthesia mistake can have life-changing consequences. Our Chicago medical malpractice lawyers have experience handling complex medical injury cases. Founded in 1997, Winters Salzetta O'Brien & Richardson, LLC brings together attorneys with diverse backgrounds and a unique approach to practicing law. 

Over the years, we have been recognized by our peers for exceptional work in many areas of personal injury law, including medical malpractice. If you believe you or someone you love was harmed by an anesthesia error, contact our office today at 312-236-6324 to schedule a free consultation.