How To Make Anaesthetic Negligence Claims

Have you had an operation that has gone wrong? Did you suffer harm because the anaesthetist made an error? In this guide, we are going to examine the process of making anaesthetic negligence claims.

Throughout this medical negligence claims guide, we will explain what types of anaesthetics there are, provide examples of situations where things could go wrong and the potential consequences that anaesthetic negligence can have. Very often, when making a compensation claim before you begin, you may want to know how much compensation could be awarded should your claim be successful. For that reason, we have included a compensation section that looks at how medical negligence payouts are calculated.

In the final sections of this guide we are going to provide you with examples of pieces of evidence that you could gather in support of your claim and look at how one of our medical negligence solicitors could represent you on a No Win No Fee basis.

To discuss the matter further, don’t hesitate to get in touch with one of our team for a free, no-obligation consultation.

• Phone: 0800 073 8804 
• Online: Check If You’re Eligible To Claim
• Live chat available

Select A Section From Our Guide

• Who Could Make Anaesthetic Negligence Claims?
• Are There Different Kinds Of Anaesthetic?
• The Consequences Of Anaesthesia Negligence
• What Is Anaesthetic Awareness?
• Compensation In Anaesthetic Negligence Claims
• How Do I Prove Anaesthetic Negligence?
• How Could A No Win No Fee Solicitor Help You Claim Anaesthetic Negligence Compensation?
• More Information On Medical Negligence Compensation Claims

Who Could Make Anaesthetic Negligence Claims?

So, who is eligible to make an anaesthetic negligence claim? A medical negligence claim of this type can be made if a medical professional does not deliver the correct standard of care when treating you as a patient.

In the medical profession, each medical professional owes a duty of care to the patients that they treat. This means they must at all times deliver the correct standard of care that is expected from them. If they fail in this regard, they are said to have breached their duty of care. A patient who has suffered harm due to the consequences of this breach has the right to seek compensation.

In order to make anaesthetic negligence claims, the following criteria must be met.

• An anaesthetist owed you a duty of care
• The duty of care was breached. An example of this could be if the medical professional administered too much anaesthesia 
• As a result of the breach, you suffered harm, such as brain damage

Call our team today to see if you can make an anaesthetic negligence claim.

Are There Different Kinds Of Anaesthetic?

Different anaesthetics can be used in a variety of medical situations. 

Types of anaesthesia are:

• General anaesthetic – Used for major surgery as it causes the patient to be unconscious and unable to feel anything
• Local anaesthetic – this makes a patient numb in the exact area where the operation is taking place. This allows the patient to be awake when the procedure is happening.
• Epidural – this involves injecting the anaesthetic into the sac around the spinal cord, which in turn numbs the back and lower limbs, often used in childbirth.

To see if you could make an anaesthetic negligence claim, contact us for a free consultation.

The Consequences Of Anaesthesia Negligence

If you are unlucky enough to have suffered from anaesthesia negligence, then you will be aware that this can be life-changing. 

Examples of such consequences include:

• An anaesthetist administers the wrong dose of anaesthetic. If the dose is lower than required, then this could result in the patient suffering pain
• A higher dose of anaesthetic is administered, resulting in permanent damage to internal organs
• If an epidural has the wrong placement, this can result in the patient having permanent spinal cord damage and life-changing disability.
• Anaesthetic drops being used in an eye surgery have not worked, causing pain during the procedure and resulting in permanent blindness.
• If the anaesthetist has not consulted the patient’s medical records to see if they have an allergic reaction and the anaesthetic, including an ingredient that the patient is allergic to, results in harm.

This list is not exhaustive. There are many other types of anaesthetic negligence. To find out more about the claims process, call our team to discuss anaesthetic negligence claims. 

Fatal Anaesthetic Negligence Claims

The risk of losing your life from anaesthesia is very low. Statistics show that the likelihood of losing life whilst under anaesthetic is less than 1 in 100,000.

What Is Anaesthetic Awareness?

Anaesthetic awareness is a complication that can occur whilst a patient is under general anaesthetic. It is when the patient regains consciousness during their surgery. This can occur when a patient has not been provided with enough anaesthetic to put them in a safe and deep enough state of unconsciousness.

Examples of how anaesthetic awareness can happen:

• If the equipment (syringe, tube, needle) that has been used to administer the anaesthetic is faulty
• Failure to consult the patient’s medical records, missing the fact that the patient has increased resistance to general anaesthetic, resulting in the patient waking up during their operation 
• Not using enough anaesthetic for the patient to be fully unconcilous during their procedure. 

If this has happened to you, you may be able to make a medical negligence claim. Call our team for a free, no-obligation chat.

How Could Anaesthetic Awareness Affect You?

If this has happened to you, it can be a traumatic experience, not only leaving you with the possibility of having to have the procedure at another time, but it could possibly leave you traumatised. This could cause a post-traumatic stress disorder. 

Being traumatised by anaesthetic awareness, you could be put off having surgery ever again, which in turn means your health could be a lifelong issue.

If this has happened to you and you would like to talk to someone about a possible anaesthetic awareness case, call our team for a free, confidential consultation.

Compensation In Anaesthetic Negligence Claims

Compensation for any claim is divided into sections. There are general damages and special damages. General damages are for your injury, pain, suffering and loss of amenity. 

When valuing an anaesthetic negligence case, we use a tool called the Judicial College Guidelines (JCG). This provides us with guidelines that assist in valuing each individual injury and/or condition that you may have suffered. Please note that the top figure in the table has not been taken from the JCG.

Whilst special damages are not always a factor, they can be a major part of a claim. Examples of special damages could be

• loss of earnings – the severity of your condition can prevent you from returning back to work, and this would be a significant financial loss. This is discussed in more detail in the next section
• medical treatment that is needed but not readily available on the NHS – this could be physiotherapy that is required following damage to the brain as a result of medical negligence
• care and assistance – if the injury is of the most severe, you may even require a house manager who would have to tend to your everyday tasks, including cleaning, washing, paying bills helping with anything that you are unable to do because of the medical negligence

We must make you aware of the fact that special damages are not always recoverable however, if there is a financial loss of any kind, we would put forward a claim for special damages.

If you would like to discuss a condition that you have suffered, please call our specialist team to discuss how we could help.

Can I Claim For Lost Earnings As Part Of My Medical Negligence Compensation?

When making a medical negligence claim, there is a good chance that you will not be able to go back to work for some reason or another, resulting in financial loss. As mentioned above this would be classed as a special damage. 

In order for us to recover loss of earnings the defendant would request documentation to prove your loss. They usually request 3 months’ wage slips, pre and post-claim. This allows the defendant to calculate an average of your loss, and this would be the amount that they would offer. However, if you can prove that you would have lost out on overtime shifts and any bonuses, we can request them as well. As long as we have evidence to support our claim we would have a good chance of recovering the loss of earnings that you may have suffered.

To discuss the loss of earnings and how we could recover them as part of your claim, call our team now, as we are happy to help in any way we can.

How Do I Prove Anaesthetic Negligence?

In order for you to prove anaesthetic negligence claims, you will need evidence to support your case.

Examples of evidence could be:

• Medical records – before and after the procedure
• Keeping a personal diary from when the negligence occurred to express how your life has been affected
• Witness details, our solicitors can contact them at a later date and will draft the witness statement
• Documents to support any special damages, such as wage slips, bank statements, medical invoices for any rehabilitation, and travel tickets. Anything that can support your out-of-pocket expenses

Also, as part of the medical negligence claims process, you may be invited to an independent medical examination. This is something that our solicitors can arrange for you in your local area at a time that best suits you.

It can feel a bit daunting to think about collecting all of this information by yourself, and we can confirm that this is something that one of our solicitors would assist you with.

For your free consultation to discuss your eligibility for an anaesthetic negligence claim, call us today.

How Could A No Win No Fee Solicitor Help You Claim Anaesthetic Negligence Compensation?

Our solicitors are extremely experienced, with extensive expertise in medical negligence claims.

They can help with:

• Collecting evidence
• Making appointments with independent medical experts
• Negotiating with the defendant’s solicitors

 They can do all this for you and more without taking any upfront or ongoing fees for their work. This is due to the fact that they work with their clients through something called a Conditional Fee Agreement (CFA), which is a kind of No Win No Fee arrangement.

If you make a successful claim, then a small success fee will be deducted. The success fee is legally capped, which ensures that you receive the majority of your compensation.

Contact Our Team Today

If you feel you have suffered from anaesthetic negligence and would like to discuss the matter further, please call one of our expert panel solicitors, as they are eager to assist in your endeavours.

• Phone: 0800 073 8804 
• Online: Check If You’re Eligible To Claim  
• Live chat available

More Information On Medical Negligence Compensation Claims

Further resources below

• Learn more about Hospital Negligence Claims – How Much Can I Claim?
• Find out further details about GP Negligence Claims | Medical Negligence Compensation
• See more about medical negligence compensation payouts

Learn more from the resources below relating to anaesthetic negligence.

• Read more about the work of The Royal College Of Anaesthetists
• General anaesthesia – NHS
• Find out more on the gov website about statutory sick pay

We would like to Thank You for taking the time to read our guide about making anaesthetic negligence claims. Please call today!