When Does an Anesthesia Error Become Medical Malpractice in Illinois?

 Posted on September 28, 2025 in Medical Malpractice

Even the smallest anesthesia mistake can cause serious harm. Every surgery carries some risk, but not every bad outcome is malpractice. In Illinois, the question is whether the anesthesiologist, nurse anesthetist, or another healthcare provider failed to meet the standard of care. If you believe this happened to you or a loved one, our team of experienced Chicago, IL anesthesia error lawyers can explain your legal options. The first step is to understand how Illinois law handles these cases.

Illinois Law and Medical Malpractice Standards

Medical malpractice happens when a healthcare provider does not act with the care and skill expected in their field. For anesthesia providers, this means checking a patient’s medical history and monitoring vital signs throughout a procedure. They must also respond quickly if problems arise. 

According to 735 ILCS 5/2-622, the first step in filing a malpractice lawsuit is to get a report from a qualified medical professional. The report must say that the case has merit.

Patients also need to follow strict deadlines. According to 735 ILCS 5/13-212, most cases must be filed within two years of discovering an injury. However, you can never file more than four years after the mistake. If you miss the deadline, the court may refuse your case.

Damages are also regulated. Under 735 ILCS 5/2-1115.1, there could be a cap placed on certain noneconomic damages, like pain and suffering. 

Common Types of Anesthesia Errors That Can Lead to a Malpractice Case

Anesthesia mistakes can happen before, during, or after a procedure. Some of the most common errors include:

• Improper dosage: Too much anesthesia can cause permanent injury, while too little may leave a patient awake during surgery, resulting in emotional trauma.

• Failure to monitor vital signs: Oxygen levels, blood pressure, and heart rate must be watched closely. Ignoring warning signs of distress can be life-threatening.

• Ignoring medical history: Patients with allergies, asthma, or sleep apnea need extra care. Overlooking these conditions can cause avoidable harm.

• Medication errors: Giving the wrong drug or mixing unsafe medicine combinations may result in severe complications.

• Delayed emergency response: If breathing or heart function drops, hesitation by the anesthesia team can be fatal.

When negligence is the cause of an anesthesia error, patients and families may have a valid claim.

How Do You Prove Medical Malpractice for an Anesthesia Error?

To prove that medical malpractice occurred, you need proof that the provider’s actions were below the accepted standard of care. Medical records and anesthesia charts are often crucial because they show how medication was given and how the patient was monitored. Expert witnesses can explain how a mistake was made and why it should have been prevented. A strong case must also connect the provider’s negligence directly to the patient’s injury. This process is complex, but an experienced attorney will ensure you have all the evidence necessary to build a valid claim.

Contact a Chicago, IL Medical Malpractice Attorney Today

At Winters Salzetta O'Brien & Richardson, LLC, our team proudly serves individuals and families throughout Illinois. Many of us have even handled matters that affected our own families, which is why helping clients through these challenges is more than just a job to us.

Call us at 312-236-6324 today to speak with experienced Chicago, IL anesthesia errors lawyers. We provide free consultations and offer flexible evening and weekend appointments. We will even travel to meet you at your home, office, hospital, or any location that works best for you.