Medical professionals use anaesthetic for a variety of different purposes. It may be used to numb a body part prior to a test or medical procedure to prevent you feeling pain. In some instances general anaesthetic may be used to fully sedate a patient prior to complex surgery. If a mistake is made during the administration of anaesthetic, a patient could be left with potentially life-long psychological or physical injuries. In this guide, we discuss how to make a medical negligence claim for anaesthetic negligence.
We look at what anaesthetic is, what it is used for, how it works and how the use of anaesthetic can go wrong. We also look at when you could make a claim and how to prove that a medical professional breached their duty of care to you. Finally we look at how much you could claim and how a No Win No Fee solicitor could help you.
Our team of advisors could help if you’ve been affected by medical negligence. Direct any questions you have about making a compensation claim to one of our team members. To speak to the team:
- Call us today on 0800 652 3087
- Begin a claim online by filling out our contact form.
- Talk to us on our live support chat.
Browse Our Guide
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- What Is Anaesthesia?
- Can I Claim For Anaesthetic Negligence?
- How Could An Anaesthetist Be Negligent?
- What Evidence Do I Need For My Medical Negligence Claim?
- How Much Anaesthetic Negligence Compensation Could I Receive?
- Can I Make A No Win No Fee Anaesthetic Negligence Claim?
- Read More About Making A Medical Negligence Claim
What Is Anaesthesia?
Anaesthetics are a type of drug which are used in medical settings. Anaesthesia may be used to numb a specific part of the body, a region or the body or to place you into a state of controlled unconsciousness.
There are different types of anaesthetics which may be used depending on what treatment you are receiving. These include,
- Local anaesthesia – used to reduce pain or sensation in a local part of the body. It may be used when removing a mole or other similar procedure.
- Regional anaesthesia – used when numbing a larger part of the body than can be addressed with local anaesthetic. It may be used on major nerves such as the spinal cord.
- General anaesthesia – used to fully sedate a patient. This may be used for some complex surgery or where the surgery will take longer to perform or will be more painful.
If you have been harmed by surgery negligence or other types of anaesthetic negligence, contact our team today.
Can I Claim For Anaesthetic Negligence?
When you are under the care of a medical professional, they owe you a duty of care. Any healthcare professional involved in your care should meet the minimum expected professional standards whilst treating you.
The medical team providing you with treatment should take the following steps to meet their duty of care:
- Listen to you and take your concerns seriously.
- Provide you with the correct medical advice.
- Medical professionals should refer you for further testing or assessment where necessary.
If an operation has gone wrong because the duty of care was breached, you could be eligible to claim compensation. In order to do so, you need to prove that:
- A medical professional owed you a duty of care. For example, a specialist anaesthetist or other medical professional administering anaesthetic.
- They breached this duty of care. For example, they damaged the spinal cord whilst administering anaesthetic.
- That this breach caused you avoidable harm. For example, due to spinal cord damage, you can no longer walk.
To claim for anaesthetic negligence, you will need to provide evidence of how the duty of care outlined above was breached and how you were injured. We will look at evidence later in this guide. Call our advisory team to find out how a No Win No Fee solicitor could help you with a claim.
How Could An Anaesthetist Be Negligent?
Below we look at several examples of how an anaesthetist could be negligent:
- Anaesthetic awareness. This may range from briefly being able to recall hearing voices or feeling the sensation of a tube being inserted in the throat all the way through to feeling pain from the surgery and being conscious whilst unable to speak to the surgical team. Injuries could include post-traumatic stress disorder and anxiety.
- Spinal cord injuries. A mother may suffer serious birth injuries such as spinal cord injuries, paralysis or nerve damage if an epidural is incorrectly performed.
- Failing to consider patients’ medical history. Anaesthetists should fully consider patients’ medical histories when selecting the right type of anaesthetic. Patients may have had adverse reactions to an anaesthetic or found it did not work on them previously.
- Administering the wrong dosage of anaesthetic. Administering too little may leave the patient in pain and an overdose could cause organ damage.
This is not an exhaustive list, and there may be other ways anaesthetic negligence could occur. Contact an advisor to discuss your situation and find out if you have good grounds to start an anaesthetic negligence claim.
What Evidence Do I Need For My Medical Negligence Claim?
As stated above, in order to make an anaesthetic negligence compensation claim you will need to provide supporting evidence. This needs to show liability for the harm you sustained. Types of evidence which could support medical negligence claims includes:
- Copies of your medical records. These will show what procedure you were undergoing, what anaesthetic was used and how it was administered. They should also contain information on how this impacted you and what treatment was required.
- Photos of any visible injuries.
- Statements can be taken from appropriate people during the medical negligence claims process of anyone who saw the effect of the anesthetic negligence on your well being.
Contact our team today to learn more about how to prove your hospital negligence claim.
How Much Anaesthetic Negligence Compensation Could I Receive?
Each medical negligence case is unique and how much compensation you could claim for anaesthetic negligence will depend on several factors. Settlements may consist of two parts. These are:
- General damages which cover compensation for pain and suffering caused by negligent medical care.
- Special damages which cover out of pocket expenses related to the harm you suffered.
How much compensation may be claimed for general damages is dependent on what injury or harm you sustained, how serious it was and the long-term impact that it has had upon you. Medical negligence solicitors and other parties responsible for calculating compensation may refer to the Judicial College Guidelines (JCG) when valuing a claim. The JCG lists guideline compensation brackets for different injuries and illnesses.
The table below contains examples from the JCG. Please note that the figure in row one is not taken from the JCG and illustrates how you could be awarded for multiple types of harm and special damages.
| Injury Type | Severity | Guideline Compensation | Notes |
|---|---|---|---|
| Multiple types of injury and special damages | Serious to severe | Up to £1,000,000+ | May include damages for multiple injuries which are serious and for associated financial impacts. |
| Paralysis | Tetraplegia/ quadriplegia (a) | £396,140 to £493,000 | Presence of pain, awareness of disability and life expectancy may impact compensation level. |
| Paralysis | Paraplegia (b) | £267,340 to £346,890 | How much may be awarded depends on degree of independence, extent of pain, life expectancy and age. |
| Brain damage | Very severe (a) | £344,150 to £493,000 | The person may have little or no meaningful response to their surroundings. |
| Brain damage | Moderately severe (b) | £267,340 to £344,150 | The person is seriously disabled and substantially dependent on other people. |
| Kidney injury | Serious and permanent (a) | £206,730 to £256,780 | Either the loss of or serious damage to both kidneys. |
| Kidney injury | Significant (b) | Up to £78,080 | There is a significant risk of future infections. |
| Bladder injury | Function loss (b) | Up to £171,680 | Complete loss of control and function. |
| Bowel injury | Urgency and embarrassment (c) | In the region of £97,530 | Passive incontinence and faecal urgency. |
| Spleen injury | Loss (a) | £25,380 to £32,090 | Loss of the spleen and continued risk of infection in the future. |
Additionally, when claiming for anaesthetic injuries, you could claim for financial costs such as:
- Medication and treatment costs.
- Travel to and from medical appointments.
- Impacts on your income, such as lost income due to taking time off work.
- Mobility aids.
- Making adaptations to your home or your vehicle.
Learn more about how medical negligence claims for anaesthetic compensation are calculated by speaking to a member of our team.
Can I Make A No Win No Fee Anaesthetic Negligence Claim?
If you have undergone a surgical procedure or other type of medical care which resulted in anaesthetic negligence, you could be eligible to make a medical negligence claim. One of our No Win No Fee solicitors could help you claim compensation through a Conditional Fee Agreement.
Under a Conditional Fee Agreement, one of our medical negligence solicitors could begin work on your case without you needing to make upfront payments for their services. Additionally, they won’t ask you to pay for their services as your case is ongoing. You also won’t have anything to pay if your claim doesn’t win.
If your case succeeds, your solicitor will deduct a success fee from the anaesthetic negligence compensation awarded to you. This is a legally limited percentage.
Find out today how an anaesthetic negligence solicitor could help you by speaking with an advisor. Additionally, if you have good grounds to make an anaesthetic awareness claim, you could be connected to one of our No Win No Fee solicitors. To get in touch:
- Phone an advisor on 0800 652 3087.
- Start your claim online using our contact form.
- Chat to us via our live-support.
Read More About Making A Medical Negligence Claim
Here we have also included further references and resources:
- In this guide we look at how you could suffer a needlestick injury as a result of medical negligence.
- If you have been harmed by private healthcare you could make a private healthcare medical negligence claim.
- Find out how to claim for A&E medical negligence in this comprehensive guide.
External links:
- Guidance on claiming for statutory sick pay from the government.
- The Care Quality Commission monitors medical care in certain settings in the UK.
- The Royal College of Surgeons is the professional body which develops standards and guidance for surgeons in the UK.
To learn more about anaesthetic negligence claims and to see how we could help you, please contact our team today.