Anaesthetic Negligence Compensation Claims

General and local anaesthetics are used in many medical procedures and are supposed to stop you from feeling pain and make the surgical process easier. But what happens when it goes wrong?

In this guide, we’ll discuss everything you need to know about claiming compensation for anaesthetic negligence. We’ll explore the criteria in place for making a valid medical negligence claim and discuss how anaesthetic can be administered negligently.

Then, our guide will go over some common questions surrounding the medical negligence claims process. For example, we’ll discuss how long you have to start a claim, and what types of compensation you could potentially receive from a successful case.

Finally, we’ll talk about claiming compensation with the help of a specialist solicitor. A medical negligence solicitor can bring a number of benefits to the table, and our solicitors are experts in claiming compensation on a No Win No Fee basis.

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If you’re ready to start your medical negligence claim, contact our team today by:

Medical professionals performing a surgery while the patient is under general anaesthetic

Browse Our Guide

  1. Can I Claim For Anaesthetic Negligence?
  2. What Are The Consequences of Anaesthetic Negligence?
  3. How Do I Claim For Anaesthetic Negligence? 
  4. How Long Do I Have To Claim For Medical Negligence?
  5. What Anaesthetic Compensation Could I Receive?
  6. How Long Will My Anaesthetic Awareness Claim Take? 
  7. Claim For Anaesthetic Negligence On A No Win No Fee Basis
  8. Learn More About How To Claim For Medical Negligence

Can I Claim For Anaesthetic Negligence?

To make any kind of medical negligence claim, including anaesthetic negligence, you need to prove that:

  • A medical professional owed you a duty of care
  • They breached this duty
  • You suffered avoidable harm as a result

Every medical professional owes their patients a duty of care, from general practitioners to anesthesiologists. To fulfil this duty, they are expected to provide treatment that meets a minimum standard.

If your anesthesiologist failed to meet this standard, and you suffered avoidable harm as a result, you could potentially make a claim.

What Are The Different Types of Anaesthetics?

Anaesthetics are used in a variety of medical settings, from major surgeries in hospitals to simple procedures in a doctor’s surgery. There are a number of different kinds of anaesthetics, including:

  • Local anaesthetic: This kind numbs a specific area, and often allows you to be alert and awake while it happens. It can be applied topically or as an injection.
  • General anaesthetic:  This is often used in major surgeries, as it renders the patient unconscious and unfeeling.
  • Epidural: An epidural involves injecting anaesthetic into the sac surrounding the spinal cord, numbing the back and lower limbs.

To learn more about when you could potentially make a claim for anaesthetic negligence, contact our team today.

What Are The Consequences of Anaesthetic Negligence? 

If anaesthetic is administered with substandard care, this can cause a range of serious and avoidable consequences. For example, these could include:

  • Infection: If anaesthetic is applied locally with a needle or a cannula, but the area isn’t properly disinfected, this could cause infection. Infections can have serious consequences, including sepsis, kidney failure, and paralysis.
  • Nerve damage: Anaesthetics can cause nerve damage in several ways. For example, if an epidural is incorrectly applied, it can damage the spinal cord, causing serious nerve damage. Similarly, if the patient is positioned incorrectly, it can stretch and damage nerves.
  • Brain damage: An overdose of anaesthetic can cause severe brain damage, which can result in paralysis, epilepsy, and loss of language function.
  • Fractures: In some cases, anaesthetic is administered through a breathing tube. If this is applied negligently, the patient can suffer fractures to the nose and jaw, as well as tooth damage.
  • Psychological injuries: If you aren’t given enough anaesthetic, you may wake up during surgery or still feel pain. This can cause significant psychological injuries, including post-traumatic stress disorder (PTSD).

These are only a few examples of how anaesthetic negligence could affect you. Contact our team today to learn more, or keep reading to learn about the steps you can take to support your claim.

How Do I Claim For Anaesthetic Negligence?

When you claim for medical negligence, one of the most important steps you can take is gathering evidence. It’s up to you to prove that anaesthetic negligence occurred.

Some examples of evidence that you could use to support your case can include:

  • A symptoms diary that records how the negligence has affected you
  • Medical records or charts that show the steps taken by those treating you
  • Prescriptions that show how much medication was administered and when
  • Photographs of visible injuries, like an infected injection site

In some cases, the Bolam test may be used to help support your claim. This means a panel of experts will review the actions of your doctor or anesthesiologist and form a report on whether or not they acted negligently.

Contact our team today to find out if one of our solicitors could help you prove your claim.

A patient receives surgery while under anaesthetic

How Long Do I Have To Claim For Medical Negligence?

You’ll usually have three years to start a medical negligence claim, as per the Limitation Act 1980. It’s important to note that this only applies to starting your claim; you don’t need to finish it in this time.

The three-year time limit begins either on the date that the harm occurs or on the date that you connect the harm you suffered with anaesthetic negligence.

Can I Make A Compensation Claim On Someone Else’s Behalf?

Yes, in some cases, you can act as a litigation friend for someone else. This means that you act in their best interests to make the claim on their behalf.

For example, minors under the age of eighteen cannot make their own claim. If your child suffered anaesthetic negligence, then you could act as their litigation friend at any point up until their eighteenth birthday. From then, the three-year time limit is reinstated, and they’ll have three years to claim for themselves.

The same applies to those who lack the mental capacity to make their own claim. In these cases the time limit doesn’t apply at all, and a litigation friend can make a claim on their behalf up until they recover, if this is possible.

To find out if you could make an anaesthetic negligence claim on behalf of someone else, contact our team today.

What Anaesthetic Compensation Could I Receive?

Generally, a medical negligence compensation payout can be made up of two heads. First, we’ll talk about general damages, which are awarded to all successful claimants. This heading is meant to address the pain and suffering caused by the harm you suffered.

General damages also cover loss of amenity, which addresses the way your injuries have affected your quality of life. For example, if you suffered nerve damage as a result of an infection from an epidural, this could lead to lifelong paralysis. In this case, you may be unable to enjoy previous hobbies, like playing rugby or dancing.

Those who calculate general damages might use the Judicial College Guidelines (JCG) to help. This is a document that contains a comprehensive list of injuries and illnesses, and provides guideline compensation brackets for each.

You can take a look at some examples of these brackets in the table provided below. Note that these figures are only guidelines, not guaranteed amounts, and the first entry hasn’t been taken from the JCG.

InjuryCompensationNotes
Multiple Severe Forms of Harm With Special DamagesUp to £1,000,000+Several instances where severe harm has taken place and resulted in financial losses, like lost earnings
Very Severe Brain Damage£344,150 to £493,000Little to no language function and little to no
Moderately Severe Brain Damage£267,340 to £344,150There is a great dependence on others, due to a substantial disability.
Moderate Brain Damage (i)£183,190 to £267,340There is a moderate to severe intellectual disability, and a personality change.
Chest Injuries (a)£122,850 to £183,190Serious heart damage alongside severe damage to or loss of the lungs.
Chest Injuries (e)£6,500 to £15,370Injuries caused by inhalation of toxins, fumes, or smoke.
Severe Back Injuries (i)£111,150 to £196,450Severe damage to the spinal cord and nerve roots.
Damage to Teeth (i)£10,660 to £13,930This bracket covers serious damage or total loss of several front teeth.
Fractures of Nose or Nasal Complex (ii)£4,820 to £6,230A displaced fracture that requires surgery to recover.

Can I Claim For The Long-Term Impact Of Anaesthetic Injuries?

Anaesthetic negligence can have long-term, severe consequences, and these can severely affect your finances. The financial effects you have suffered could be covered under special damages, which is the second head of claim that you could receive.

For example, if you suffered severe PTSD after remaining awake throughout surgery, you may be unable to work. This could result in lost earnings extending over a number of years. Special damages could potentially help you recoup these losses alongside the cost of:

  • Childcare
  • Prescriptions
  • Travel
  • Private healthcare
  • Counselling
  • Rehabilitation
  • Prosthetics
  • Home adjustments

You will need to prove these financial losses with documents such as invoices, bank statements and receipts.

To learn more about what kinds of compensation you could receive from a successful claim, contact us today.

A medical negligence claims calculator used to help calculate how much compensation could be awarded

How Long Will My Anaesthetic Awareness Claim Take? 

How long your claim could take can depend on a number of factors. There is no set timeframe; instead, it will depend on things like:

  • How much evidence you have
  • Whether the other party accepts liability
  • How severely you were harmed
  • What kind of treatments you will need to recover

If you have more questions on how long an anaesthetic negligence claim could take, talk to our advisors today.

Claim For Anaesthetic Negligence On A No Win No Fee Basis

So, why should you make a medical negligence claim with one of our No Win No Fee solicitors? There’s no obligation to work with a legal expert on your claim, but if you choose to instruct a solicitor, it can help make the process seem easier and less stressful.

For example, our solicitors could help you:

  • Support and strengthen your claim by gathering evidence
  • Communicate with the defendant
  • Understand legal jargon and explain terminology
  • Negotiate a settlement that covers all of your losses
  • Stay updated throughout each step of the claim

And they can do all of this without taking their usual hourly fee, or charging you for it upfront. This is because they work with clients through the terms of a Conditional Fee Agreement (CFA), which means they don’t charge you for their services.

If you successfully claim for medical negligence, then your solicitor will take a success fee. This is a percentage capped by law, and taken directly from your compensation.

Contact Us

Get in touch with one of our expert advisors today to learn more about making a claim with the assistance of one of our expert solicitors by:

A medical negligence solicitors helps a client claim compensation

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