Anaesthetic Negligence Claims – How Much Compensation Could I Claim?

An anaesthetic negligence claim for compensation could be started if you have experienced pain and suffering during surgery due to medical negligence.

In this guide to anaesthetic negligence claims, we’re going to look at why medical negligence errors could lead to a compensation claim including those related to general or local anaesthesia. We’ll also show you what compensation could be paid for any physical or psychological injuries that result.

If you are considering making an anaesthetic negligence claim, we could help. Initially, we offer a no-obligation telephone consultation to assess your claim. After this, you’ll receive free legal advice on your options. If we believe you have a reasonable chance of making a successful claim, a medical negligence solicitor on our team could be appointed to your case. To make the claims process less stressful, they’ll work on a No Win No Fee basis if they represent you.

If you would like us to review whether you have the grounds to make an anaesthetic negligence claim, call our team on 0800 6524 881. Alternatively, please continue reading.

Am I Eligible To Make An Anaesthetic Negligence Claim?

Anaesthetic negligence during surgery can seem like minor mistakes but can lead to serious and life-changing injuries. To be eligible to make an anaesthetic negligence claim for compensation, you’ll need to demonstrate that:

• An anaesthetist was negligent and breached their duty of care towards you; and
• As a direct result of the negligence, you felt pain (anaesthetic awareness) or suffered an injury such as brain damage or nerve damage. This is called proving ‘causation’.

In medical negligence claims, the anaesthetist must show that they acted as any other similarly skilled anaesthetist would have done in the same situation. This is known as the Bolam test. If this test is not met, an anaesthetic negligence claim may be possible.

Establishing causation can be done using the ‘but for test,’ where you could say, “but for the actions of the anaesthetist, the patient would not have suffered.” However, establishing causation isn’t always straightforward. Anaesthetic negligence claims can be complex and tricky to prove, which is why working with a medical negligence solicitor is often recommended. They are likely to call on independent medical experts to review the facts of your case to help determine the exact cause of your suffering.

Different Types Of Anaesthesia

The anaesthesiologist decides on the type of anaesthetic to be administered based on the procedure the patient is scheduled to undergo.

There are three types of Anaesthesia:

General Anaesthesia

General anaesthesia is administered through a combination of injected drugs and inhaled gases via the patient’s circulatory system. The anaesthetic primarily affects the brain and central nervous system, rendering the patient unconscious and unaware. After the initial injection, anaesthesia is maintained intravenously with gas and additional drugs.

Local Anaesthesia

Local anaesthesia is used to temporarily reduce or block painful sensations in a specific area of the body. For example, if the patient is undergoing foot surgery, a local anaesthetic is injected into the foot, numbing only that area while the patient remains conscious during the procedure.

Local anaesthesia is often used for minor surgeries or procedures that do not require the patient to be unconscious.

Regional Anaesthesia

Regional anaesthesia is used when a larger area of the body needs to be numbed, or when local anaesthetic alone cannot penetrate far enough into the site. It is administered around major nerves or the spinal cord to block pain in a more extensive but still limited region of the body.

Generally, local anaesthesia carries the lowest risk, while general anaesthesia involves the highest level of risk.

Common Mistakes That Can Occur With Anaesthetics

If you need surgery of any kind, you’ll need an anaesthetic to numb your body so that you don’t feel any pain. This process is controlled and monitored by a specialist doctor known as an anaesthetist. In addition to looking after you during surgery, their role involves discussing your treatment with you beforehand and finding out whether you’ve had any previous problems with anaesthesia. While surgery is often successful, anaesthetic negligence can, and unfortunately does, happen.

Let’s now look at the types of anaesthetic errors that could cause avoidable injuries and result in a compensation claim. These include:

• Monitoring of patient errors.
• Anaesthetic dosage errors.
• Sedation duration errors (being sedated for too long).
• Delays in administering anaesthetic.
• Failure to explain the risks of surgery and anaesthesia to the patient.
• Failure to monitor vital signs and respond to complications.
• Failing to intubate.

The consequences of these errors can result in a range of complications, including:

• Anaesthetic awareness. When the patient feels pain due to ineffective administration of anaesthetic.
• Brain damage. This can be caused by a lack of oxygen, often due to failure to intubate properly.
• Nerve damage. This can result from nerve blocks, injections, or epidurals that cause injury to nerves.
• Cardiac arrest. Severe anaesthetic errors, especially in dosage or failure to monitor, can lead to heart failure or cardiac arrest during surgery.

Whatever type of injury you’ve sustained, we could help you take action. If you’d like our assistance with an anaesthetic negligence compensation claim, please call our team today.

How Much Compensation For Anaesthetic Negligence Could I Claim?

If you begin an anaesthetic negligence claim, how much compensation you could claim will usually be calculated based on two heads of losses. They are:

• General damages. This part of your claim is based on how much pain, suffering and loss of amenity you endured.
• Special damages. This is designed to compensate for expenses, costs, and any monetary losses caused by the anaesthetist’s negligence. You could include care costs, medical expenses, home modifications, travel expenses and lost income.

To help establish how serious your injuries are, you’ll almost certainly need a medical assessment when you claim. This will be carried out by an independent specialist. Where possible, our solicitors can arrange a local appointment for you. The meeting will be used to examine your injuries, discuss the effects of them and to review your medical notes. The outcome of the assessment will be a report containing your medical prognosis.

Compensation Calculator For Anaesthetic Negligence

To help you understand what an anaesthetic negligence claim might be worth, we’ve included a compensation calculator below. It includes a range of injuries and their associated compensation amounts. Please bear in mind that these values are only guideline figures.

If your claim is accepted by a solicitor on our team, they will be able to explain the amount you’ll claim once they’ve reviewed everything fully.

Evidence To Support Anaesthetic Negligence Claims

To ensure any compensation settlement is fair, it is vital to gather evidence showing how you’ve been affected. Therefore, if you are going to make an anaesthetic negligence claim, you could:

• Collate a list of all medical appointments before and after the incident, including dates and details.
• Print out any communication you’ve had regarding the treatment and associated risks.
• Keep a diary of how your injuries have affected your daily life.
• Record the details of anybody who has provided care for you since your injury.
• Track all expenses incurred as a result of the anaesthetic negligence, including medical costs, travel, and loss of income.
• Collect witness statements from anybody present during or after your treatment.
• Take photographs of any visible injuries that resulted from the anaesthetic negligence, along with regular updates to show recovery or ongoing issues.
• Keep employer letters or records showing any lost income or changes to your ability to work.

You could also request copies of your medical records but your solicitor will typically do this anyway in a medical negligence claim.

We are happy to advise you on the evidence you already have and whether anything else could help to make your claim successful.

Time Limits For Claiming Anaesthetic Compensation

Generally, the time limit for starting a claim for anaesthetic compensation is 3 years. This will often begin from when the negligent action took place.

However, exceptions apply in certain cases, particularly when the victim is under 18 years old or lacks the mental capacity to make a claim.

In these scenarios, the litigation friend process can be followed. This means that a friend or family member could represent the claimant and deal with medical negligence solicitors on their behalf. The 3-year time limit doesn’t apply unless:

• A child turns 18. In this case, they can claim themselves before they turn 21.
• The claimant regains their mental capacity to represent themselves. In this case, the 3-years begin from the date they recovered.

Where an anaesthetic negligence claim involving a litigation friend is won, the compensation will be managed by the courts. If money is needed to help the claimant, the litigation friend can write to the court and explain how it will benefit the claimant.

Fatal Anaesthetic Negligence Compensation Claims

It is possible to claim on behalf of a loved one who has died due to anaesthetic negligence. So long as the 3-year time limit did not pass while the victim was alive, a claim on behalf of their estate might be possible.

To find out more about how long you have to make a claim or for help with the litigation friend process, please call our team today.

Do I Need A Solicitor To File An Anaesthetic Negligence Claim?

Although you’re not legally required to have a medical negligence solicitor file your claim, proving negligence can be tricky. The anaesthetic negligence claims process can involve complex and technical medical and legal evidence. Dealing with this on your own may be challenging, especially when trying to establish negligence and causation. We believe the easiest and most effective way to make a claim is by seeking the help of a medical negligence solicitor.

One of the key benefits of working with a solicitor on our team is that they operate on a No Win No Fee basis. This means that you won’t need to worry about paying legal fees upfront. If your case is unsuccessful, you won’t have to pay for your solicitor’s services either.

If your claim is accepted by a medical negligence solicitor from our team, they’ll manage the entire process on your behalf. They’ll start by gathering evidence to prove what happened and then arrange for medical reports to support your claim. You’ll be kept up to date throughout and you’ll be able to ask any questions you think of as the case continues.

Ultimately, our team of solicitors will always try to make sure that any compensation settlement is fair and fully covers your suffering.

Starting The Anaesthetic Negligence Claims Process

If you would like to find out more about how we could support your claim, please call today on 0800 6524 881 to speak with a specialist.

Alternatively, if you prefer not to call us now you can fill out a callback form for a claims advisor to call you at a convenient time. We also have a live chat service where you can get free advice 24/7.

As mentioned already, our team of solicitors will provide a No Win No Fee service for your anaesthetic negligence claim if it’s taken on.