In a recent case, a Georgia court of appeals upheld a jury award against a doctor after a patient underwent a procedure to relieve back pain. The woman alleged that she suffered catastrophic brain damage from oxygen deprivation after she had a procedure done to relieve her back pain. While her lawsuit was still pending, the woman died, and her husband then amended the lawsuit to add a wrongful death claim.
According to the allegations, the woman experienced chronic back pain and began being treated by an anesthesiologist and pain management specialist in 2008. The doctor gave her two epidural steroid injections during two separate visits at that time. When the woman went to receive a third injection, the procedure did not go according to plan. The doctor was running late, and the woman ended up waiting about 50 minutes in the operating room after she had begun receiving a pain reliever and propofol, a medication that decreases consciousness and memory.
The doctor began the procedure about 10 minutes after he arrived, and the oxygen monitor signaled that the woman’s oxygen level had dropped below 90 percent. The doctor told the nurse to increase the woman’s oxygen flow, and he concluded she was still breathing. The surgical tech was concerned the woman was not breathing and asked the doctor several times if she could turn the oxygen level up higher, but he told her not to do that. The doctor continued the procedure and maintained that the woman was still breathing despite poor oxygen readings. The doctor finished the procedure and then gave the woman sedation reversal drugs and increased her oxygen flow.