Florida Anesthesia Malpractice Lawyers
Get expert legal help after an anesthesia error or anesthesia malpractice in Florida.
By submitting this form, you authorize Avera & Smith to contact you regarding your potential case. Contacting us through this website does not create an attorney-client relationship. See Privacy Policy and Terms of Service.
Experienced Florida Anesthesia Malpractice Lawyers You Can Trust
Anesthesia is one of the most critical and complex components of a surgical procedure, requiring precise monitoring, dosing, and patient care. When an anesthesiologist or medical professional makes a preventable mistake, the results can be devastating—possibly leading to brain damage, oxygen deprivation, permanent injury, or even wrongful death. If you or a loved one suffered harm due to an anesthesia error in Florida, time is critical. Contact Avera & Smith today at 352-372-9999 for a free consultation


What Is Anesthesia Malpractice?
Anesthesia malpractice occurs when an anesthesiologist, nurse anesthetist, or other medical professional fails to meet the accepted standard of care in administering or monitoring anesthesia and that failure causes harm to the patient. Unlike many medical procedures where errors may not be immediately apparent, anesthesia errors can have immediate and devastating consequences.
Common types of anesthesia errors we handle include:
-
Dosage errors — administering too much or too little anesthesia, which can result in a dangerous overdose or awareness during surgery
- Failure to monitor — not properly monitoring a patient’s vital signs, oxygen levels, or response to anesthesia during a procedure
- Delayed delivery — waiting too long to administer anesthesia resulting in the patient experiencing pain during surgery
- Improper intubation — incorrectly placing a breathing tube which can cause oxygen deprivation, brain damage, or death
- Failure to review medical history — not properly evaluating a patient’s allergies, medications, or medical conditions before administering anesthesia
- Anesthesia awareness — a patient regaining consciousness during surgery due to insufficient anesthesia administration
- Post-operative negligence — failing to properly monitor a patient’s recovery from anesthesia after a procedure
Why Insurance Companies Take Avera & Smith Seriously
When you hire Avera & Smith, you’re not just hiring an attorney — you’re bringing decades of proven results and a reputation that insurance companies in Florida already know. That changes how your case is handled from day one.
70+Years of Experience
For over 70 years, Avera & Smith has represented seriously injured Floridians in complex medical malpractice cases. We have the experience and resources to take on hospitals, anesthesiologists, and their insurers and fight for the full compensation our clients deserve.
Board Certified Trial Attorneys
Partners Mark Avera and Jennifer Cates Lester hold board certification in civil trial law from the Florida Bar, a distinction earned by fewer than 5% of Florida’s licensed attorneys. Board certified attorneys have demonstrated expertise and a proven record of success handling complex civil cases including medical malpractice.
We Build Every Case Like It’s Going to Trial
Hospitals and their insurers have dedicated defense teams working to minimize what they pay anesthesia malpractice victims. We prepare every case for trial from day one. This preparation gives us leverage at every stage of negotiation.
Million-Dollar Results
Our attorneys are members of the Million Dollar Advocates Forum, a distinction reserved for lawyers who have secured settlements and verdicts exceeding $1 million. We know what maximum compensation looks like, and we know how to pursue it.
We Know How The Other Side Thinks
More than one of our attorneys spent time working at insurance defense firms before dedicating their careers to representing injured victims. We know exactly how insurers evaluate claims, where they look for weaknesses, and how to build a case they can’t easily dismiss.
No Fee Unless We Win
We handle every anesthesia malpractice case on a contingency fee basis. You pay nothing upfront and nothing out of pocket. If we don’t recover compensation for you, you owe us nothing.

Meet the Attorneys Who Fight for You
Behind every successful case is a team that knows how to take on insurance companies and deliver results. At Avera & Smith, our attorneys bring decades of experience, proven outcomes, and a reputation that demands respect.
Who Can Be Held Liable for an Anesthesia Error?
Depending on the circumstances of your case, multiple parties may bear responsibility for an anesthesia error. The anesthesiologist who administered or monitored the anesthesia may be personally liable. The hospital or surgical center where the procedure took place may be liable if the error was caused by inadequate staffing, equipment failures, or negligent credentialing of the anesthesia provider. A certified registered nurse anesthetist who administered anesthesia under a physician’s supervision may also bear responsibility. Identifying every liable party is critical to maximizing your recovery, and Avera & Smith has the experience, resources, and determination to uncover every avenue of liability on your behalf.

What Compensation Can You Recover?
A successful anesthesia malpractice claim can provide compensation for all medical expenses related to the injury including emergency treatment, corrective procedures, and long term care needs, lost wages and loss of future earning capacity, pain and suffering, permanent disability or cognitive impairment, emotional distress and psychological trauma, including PTSD resulting from anesthesia awareness, and wrongful death damages if a loved one died as a result of an anesthesia error. Anesthesia malpractice cases often involve significant damages given the catastrophic nature of many anesthesia injuries. Our Florida anesthesia malpractice lawyers fight to aggressively pursue every available source of financial recovery.
Frequently Asked Questions: Florida Anesthesia Malpractice
How Do I Know If I Have an Anesthesia Malpractice Case in Florida?
If you or a loved one experienced an unexpected complication during or after a procedure that involved anesthesia — including prolonged recovery, cognitive changes, nerve damage, or awareness during surgery — you may have an anesthesia malpractice case. It is highly advisable to speak with an experienced Florida anesthesia malpractice lawyer. Not every surgical complication is the result of medical malpractice. However, when a preventable error or failure to meet the accepted standard of care causes serious injury, patients and their families deserve answers and justice. Avera & Smith offers free consultations to evaluate your case, explain your legal options, and determine whether you may be entitled to compensation.
How Long Do I Have to File an Anesthesia Malpractice Claim in Florida?
Florida’s statute of limitations for medical malpractice claims, including anesthesia errors, is generally two years from the date you discovered or should have discovered the injury. Florida also imposes an absolute deadline of four years from the date the malpractice occurred regardless of when you discovered it. Some anesthesia injuries — particularly cognitive or neurological effects — may not be immediately apparent, which makes understanding these deadlines especially important. Contact a Florida anesthesia malpractice attorney as soon as you suspect an anesthesia error may have caused your injury.
Can I Sue a Hospital for an Anesthesia Error in Florida?
Yes. In many cases, the hospital or surgical center can be held liable for an anesthesia error in addition to the individual anesthesiologist. Hospitals can be responsible for negligent hiring or credentialing of anesthesia providers, inadequate staffing, equipment failures, and errors made by hospital-employed anesthesia staff. Determining all liable parties is a critical part of building a strong anesthesia malpractice case, and Avera & Smith has the experience to investigate every angle on your behalf.
What Makes Anesthesia Malpractice Cases So Complex?
Anesthesia malpractice cases are among the most technically complex in all medical malpractice law. They require a thorough understanding of anesthesiology standards of care, detailed analysis of anesthesia and monitoring records, and testimony from qualified expert witnesses in the field. Hospitals and their insurers also have experienced defense teams who move quickly to protect their interests after a serious anesthesia event. Having an experienced Florida anesthesia malpractice lawyer who knows how to build and present these cases is essential to achieving a fair outcome.
Ready to Talk to a Florida Anesthesia Malpractice Lawyer?
Anesthesia errors can cause catastrophic, life-changing injuries, and medical providers and insurance companies often move quickly to protect themselves. Time is critical when it comes to preserving evidence and protecting your rights. Contact Avera & Smith today for a free consultation and put our seven decades of experience and proven results to work for you.
Call 352-372-9999 or contact us online to get started.
By submitting this form, you authorize Avera & Smith to contact you regarding your potential case. Contacting us through this website does not create an attorney-client relationship. See Privacy Policy and Terms of Service.
Helpful Information
View helpful articles and videos to educate and guide you after an accident.
Injured in an accident on SW Archer Road in Gainesville?
If you were injured in an accident on SW Archer Road (State Road 24) in Gainesville, you’re dealing with one of…
Can You Recover Workers’ Compensation Benefits If Your Employer Is Uninsured in Florida?
Suffering a workplace injury can leave you with more questions than answers—especially if your employer doesn’t have…
Personal Injury Case Timeline | Gainesville, FL Lawyer
Every case is different, but understanding how long a personal injury case takes in Florida can help you make informed…


