Anaesthesia Negligence Claims

An anaesthetic negligence claim seeks to hold a medical professional responsible for failing to safeguard a patient when administering anaesthesia — a drug used to block pain and effectively sedate them during surgery. Compensation provides financial support for long-term physical and psychological trauma.

There are three types of anaesthesia, and the one you have depends on the procedure you’re having. The anaesthesiologist’s job is to review your medical history and decide whether the following types of anaesthetics suit your needs.

A general anaesthetic is often used during surgical procedures. This form of anaesthesia is inhaled or injected, and the specialist maintains the sedation during the procedure. It renders the patient unconscious and ensures they’re unaware of what’s happening.

If a patient is having minor surgery, the medical professionals might decide on a local anaesthetic. For example, a patient doesn’t need to be completely knocked out for foot surgery, and many people choose local anaesthesia because it has fewer side effects.

If the operation is on a larger body part or the patient requires a stronger alternative to local anaesthesia, the specialist might recommend a regional anaesthetic, which is usually injected around the spinal cord or nerves to block pain.

General anaesthetics come with the highest risks of all three, while local anaesthesia is considered the safest option.

Between 2008 and 2018, anaesthesia negligence claims increased by 62%. Information published by NHS Resolution also revealed that the costs of these claims rose over 300% during those years. Despite this, anaesthesia negligence claims remain relatively rare.

Unfortunately, errors can – and do – happen, causing significant physical pain and emotional trauma for patients.

When administering an anaesthetic, the specialist must consider the patient’s weight and other factors. Failing to administer the correct dosage could lead to a range of complications and even be life-threatening.

These errors often occur when the patient’s medical history isn’t taken into account or through general oversights.

When a patient is given the wrong medication or an incorrect dosage, it can lead to severe complications. For example, if a professional administers a muscle relaxant instead of an anaesthetic, it can have fatal consequences.

Another example would be failing to recognise that the patient is allergic to certain types of anaesthesia, which could cause life-threatening complications.

While rare, anaesthesia equipment can malfunction, leaving patients without oxygen and increasing the risks of brain damage. Other equipment failures include incorrect concentrations of anaesthetic gases and old machines that don’t work correctly due to maintenance issues.

Any equipment failure can have devastating consequences for the patient.

The anesthesiologist should monitor the patient throughout their surgical procedure and immediately react to any complications. Failing to act quickly – whether that’s resuscitating or intubating the patient -could lead to permanent organ damage and death.

These avoidable injuries can impact the person for the rest of their life, making compensation a necessity.

• Anaesthetic Awareness: When a patient doesn’t receive enough anaesthetic, there’s a risk of them gaining partial or full consciousness during surgery. As you can imagine, this can have long-term emotional effects, even if there’s no physical pain. Many patients develop PTSD as a result of anaesthetic awareness.
• Cardiac Arrest: Reactions to anaesthesia or failing to identify potential complications can lead to cardiac arrests during the procedure.
• Nerve Damage: Epidurals, injections and nerve blocks can cause ongoing damage when not administered correctly.
• Brain Damage: When the brain doesn’t receive enough oxygen, it becomes damaged. If an anaesthesiologist fails to intubate the patient, they could suffer life-changing injuries to the brain, resulting in a permanent disability.

You can only make an anaesthetic negligence claim if your medical negligence solicitor can prove that the healthcare provider didn’t fulfil their duty of care. The following factors determine negligence:

• Duty of Care: All healthcare professionals have a duty of care to their patients. Failing to factor in a patient’s needs or monitor them are both examples of negligence.
• Damage/Injuries: The solicitor must also prove that the patient’s physical and psychological injuries directly resulted from the negligence.

If you’d like to claim compensation, the first step is to seek free legal advice from a medical negligence claims specialist. You can use the online form or call 0800 234 6438 and speak to someone today.

Most people decide to claim compensation on a no win no fee basis, as there are no financial risks – the medical negligence solicitor won’t receive their legal fees unless your claim is successful.

Opting for a conditional fee agreement also gives you peace of mind, as no solicitor will take on the case unless they’re confident that you’ll receive compensation.

There’s no set compensation amount with anaesthesia claims, as your settlement depends on how the injuries impact your life and the amount the negligent party agrees to. Your solicitor will calculate an amount based on the following damages:

• General: Any physical and psychological injuries due to anaesthesia negligence, including the loss of amenity fall under the general damages category.
• Special: Financial losses, such as inability to work, private care expenses, travel costs and home adaptations count as special damages.

Using a compensation calculator can give you a ballpark amount of what you can claim, but experienced medical negligence solicitors will calculate a claim amount based on your circumstances.

The following compensation amounts are based on previous anaesthetic negligence claims. The amount you receive depends on how your emotional and physical injuries impact your life and their severity.

When a professional makes a surgical error – including anaesthesia mistakes – the success of your claim depends on whether the solicitor can present a strong case for medical negligence. To do this, they’ll gather evidence on your behalf, but it’s also helpful if you can be proactive and collect evidence to speed the case up.

The following forms of evidence are most important for anaesthetic negligence claims:

• Medical Records: Your medical records detail the treatment you received and contain vital information about any preoperative consultations. These records will play major roles in highlighting any negligence and will detail any complications as a result of your anaesthesia.
• Witnesses: Witness statements from friends and family can detail how the anaesthesia-related injuries impact your life and provide proof of negligence if they were part of your surgical consultation. Your solicitor might also seek support from an independent medical expert who can provide key evidence that strengthens your case.
• Financial Records: Keeping track of all expenses associated with negligence is essential. For example, if you can’t work or drive, these expenses count as special damages.
• Visual Evidence: If you suffer physical injuries as a result of anaesthetic negligence, taking photos and videos can provide visual proof of them.
• Assessment: The negligent party might ask you to attend an independent medical assessment, which can be beneficial, as it proves your injuries and speeds up the compensation claim.

Every claim is different, and the amount of time your claim takes depends on numerous factors. For example, if your solicitor gathers the necessary evidence relatively quickly and the negligent party is willing to accept responsibility, the claim might take a couple of months.

Some negotiations last for years, which can be challenging, but the solicitor will keep you updated throughout the process.

It’s rare for compensation claims to go to court, but it can happen. If neither party can agree on a settlement, your solicitor might recommend court as the best path of action.

You’ll still have control during the proceedings, but the court is sometimes the best way to secure the maximum payment for your anaesthetic negligence compensation claim.

You’ll have up to three years from the date of your anaesthesia-related injury to claim compensation. This is the same for most personal injury claims, but there are some exceptions:

• Children: If a child suffers injuries from anaesthesia during a medical procedure, they can claim up to three years after they turn 18.
• Capacity: Someone who suffers permanent brain damage might lack the mental capacity to claim compensation, but another person can claim on their behalf. If a patient with a brain injury or Post Traumatic Stress Disorder gradually regains capacity and stability after treatment, they’ll have longer to claim compensation.

It depends on where you received treatment. Most people are treated at an NHS hospital, which means the Resolution Service is responsible for paying anaesthesia compensation. The insurance company will pay if you have a surgical procedure through a private hospital.

There are measures in place to protect patients and ensure they can receive financial support for their injuries. You won’t need to worry about your claim limiting treatment options for other patients.

Whether it’s anaesthetic awareness claims that result in significant psychological damage or mistakes that lead to physical disabilities, the financial and emotional effects are more than enough to handle.

Add the financial burden of paying a solicitor’s hourly fees, and it’s clear why conditional fee solicitors are so popular.

You won’t need to worry about any financial risks, as you don’t pay a thing unless your claim is successful.