An anaesthesia negligence claim seeks compensation for any injury or illness suffered due to negligence with the application of anaesthesia before, during or after surgery. Any surgery can be a traumatic experience, and suffering anaesthesia negligence only adds unnecessary stress to the occasion. 

The medical negligence of errors with your anaesthesia can be the likes of too much or too little a dose of the anaesthetic or injury to the mouth and throat when prepping you for the application. 

Medical negligence is care so poor from a medical professional that no other doctor, anaesthetist, or surgeon would provide it in similar circumstances. You should not suffer anaesthesia negligence, and you may be able to claim compensation if it happens to you. 

You bring a compensation claim against those responsible for failing to provide a duty of care. If a loved one cannot represent themselves, you or their family may be able to claim on their behalf. Errors such as those with anaesthesia are a type of hospital negligence, and you can claim compensation from the hospital responsible. 

A No Win No Fee medical negligence solicitor can make your anaesthesia negligence claim for compensation against those responsible for the negligence.

Anaesthesia negligence claim

Table of Content

What is an anaesthesia negligence claim?

An anaesthesia negligence claim is when you seek compensation for any errors in administering your anaesthetic due to medical negligence. It could be an error when applying the anaesthetic by the anaesthetist, but you may have a negligence claim if you suffer as a result.

If you are ill or injured and undergoing surgery, the medical team treating you owes you a duty of care. If they breach that duty of care, you may have a claim for compensation.

Anaesthesia negligence is when a patient suffers due to a lack of duty of care by the anaesthetist or the NHS hospital involved. It is medical care below a standard that no other anaesthetist acting professionally would provide.

Anaesthetic negligence claims are taken against those responsible. The long-term effects of injury caused by anaesthesia negligence could be with you for life, and you make the anaesthesia negligence claim for the damages involved. Your No Win No Fee medical negligence solicitor can look at your case and see if you have a valid anaesthesia negligence claim for compensation.

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Common claims for anaesthesia negligence

Common claims for anaesthesia negligence range from errors in applying the anaesthetic to brain damage from misuse of the equipment and nerve damage when the needle carrying the anaesthetic hits the spinal cord. 

The result of anaesthesia negligence can be unnecessary pain, suffering and, in some cases, a life-long disability. You make a compensation claim for the costs to you today and in the future. 

Common claims for anaesthesia negligence are:

  • Waking during surgery due to too little anaesthesia claim
  • Brain damage due to a lack of oxygen during surgery claim
  • Suffering pain during a local surgery claim
  • Nerve damage when applying anaesthesia via needle claim
  • Failure to read a patient’s history when allergic to anaesthesia claim
Common claims for anaesthesia negligence

Waking during surgery due to errors by the anaesthetist claim

When a patient wakes during surgery due to errors by the anaesthetist, it is known as anaesthetic awareness, and the effects can be very traumatic. Depending on the surgery, the patient could suffer terrible pain, and the shock could cause cardiac arrest. 

The psychological trauma may be with the patient for life and could make further surgery very stressful and difficult to undertake. 

You make your claim for anaesthesia negligence to get compensation for your suffering.

Brain damage due to a lack of oxygen during surgery claim

Brain damage due to a lack of oxygen during surgery usually happens when the patient is not intubated correctly when prepping them for surgery. 

The anaesthetist should ensure all equipment is working correctly and the patient is capable of breathing when under the anaesthetic.

The patient could also suffer brain damage from a lack of oxygen if they are under the anaesthetic for too long post-surgery due to too much anaesthetic being applied by the anaesthetist. 

Lack of monitoring during surgery is a type of anaesthesia negligence which can have terrible consequences.

Suffering pain during a local surgery claim

Suffering pain during a local surgery may happen when too little anaesthetic is used to numb the area around the operation. The pain can be acute, and the patient may need further sedation to ease the suffering. 

More and more surgeries today are done without the need to go under a general anaesthetic. The anaesthetist must be fully aware of their duties and the need to get the application of anaesthesia correct. 

A No Win No Fee medical negligence solicitor can make your claim for anaesthesia negligence when you suffer pain during local surgery.

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Nerve damage when applying anaesthesia via a needle claim

Nerve damage when applying anaesthesia via a needle can leave a patient with a disability for life, cause excessive pain during and after surgery and cause psychological distress. 

The anaesthetist may hit the spinal cord at the wrong angle, causing severe damage or severing a nerve in the joints or limbs when applying the anaesthesia via a needle. 

Every care must be taken when applying anaesthesia via a needle, and you can claim compensation for any injury caused at the time and in the future.

Failure to read a patient’s history when allergic to anaesthetic claim

A failure to read a patient’s history when allergic to anaesthetic can lead to a severe reaction and even death in some circumstances. Allergy to anaesthetic is rare; using a different anaesthetic drug can usually avoid reactions. 

A failure to take or read the patient’s history or not take it correctly can cause the anaesthetist to administer the wrong drug before surgery. Every anaesthetist is aware of potential problems with the drugs they use and should carefully read a patient’s history before putting them under anaesthetic. 

Medical negligence happens when the medical professional does not perform at an acceptable level when caring for a patient.

If you suffer the medical negligence of errors with your anaesthesia, you may be able to seek compensation for anaesthesia negligence. 

 

Compensation for anaesthesia negligence

You can seek compensation for anaesthesia negligence in amounts from the low £10,000s to over £10 million in some cases.

The compensation for anaesthesia negligence varies depending on several factors, and claims sometimes see very high awards, such as when a patient passes away or suffers a lifetime of unnecessary suffering and disability due to errors by an anaesthetist.

Compensation in anaesthesia negligence claims can be:

  • A failure to take a patient’s history – £23,700
  • Nerve damage from anaesthesia needle – £42,800
  • Administering too little anaesthesia for local surgery – £55,300
  • Anaesthesia awareness when the patient wakes – £114,600
  • Brain damage caused by errors in anaesthesia equipment – £1.6 million
compensation claim calculator

All amounts are approximate and are only a guide to what is possible in anaesthesia negligence claims. Figures can be high in some claims as you or a loved one could need long-term care and may face medical bills for life. You may be able to claim for these care expenses and the medical costs in the future. 

As in all medical negligence claims, each case is dealt with on merit and how much the patient suffers due to medical negligence by the anaesthetist. 

A No Win No Fee medical negligence solicitor will be the one to advise you on an anaesthesia negligence claim. They will know from experience what your case may be worth and how to make a successful claim for compensation.

Our Process

Our team members have a higher career win rate with a 75% success rate on NHS letters of claim, compared to an industry average of 54.5%.

Enquiry

The first step is to get in touch and tell us what went wrong. It’s free and easy. Call our 24-hour helpline: 0800 246 1122 or request a callback here.

Medical Evaluation

Once you have spoken with our team we’ll let you know how we can help. Typically the next step is to obtain your medical records for us to review.

Legal Letter

Once all your medical records have been received they will be reviewed by a medically & legally qualified member of our team. If there is evidence of medical negligence we will send a letter of claim to the negligent party outlining your medical negligence claim.

Who is eligible for compensation?

The patient who suffers from complications due to anaesthesia negligence may be eligible for compensation. They are the ones who have suffered, and the clear dangerous medical practice could lead to complications for life and a fear of anaesthesia in the future.

Anaesthesia errors could lead to disability, psychological trauma, and brain damage, and anaesthesia negligence often has very severe consequences.

When a patient passes away due to anaesthesia negligence, the ones left behind may have a claim for medical negligence.

Loved ones in a medical negligence case are known as ‘dependents’ and can be:

  • A spouse or former spouse of the deceased
  • Someone who lived with the deceased for two years before death as a husband, wife, or civil partner.
  • Blood children, adopted children or those who became children through marriage or civil partnership
  • Parents and those acting as parents, such as a guardian or step-parents
  • Grandparents or great-grandparents
  • Brothers, sisters, cousins, and other direct relatives

When you are a victim of anaesthesia negligence or have lost a loved one through anaesthesia negligence, you may have a claim for compensation.

What can you claim for when you sue for anaesthesia negligence?

You can claim compensation for any damages that occurred when you sue for anaesthesia negligence. 

There are two types of compensation damages due when suing for any type of medical negligence, such as anaesthesia negligence: General damages and Special damages.

General damages are when you sue for the pain, suffering and loss of amenity, PSLA, you have experienced due to anaesthesia negligence. 

  • Pain is that above what is normally expected for your procedure. 
  • Suffering is the inconvenience and changes to your life that cause you discomfort.
  • Loss of Amenity is any difficulty you have in doing everyday tasks, such as walking, sitting, playing sports, and sleeping.

Special damages include loss of earnings, future care costs, and out-of-pocket expenses. 

  • Loss of earnings includes compensation for time off work and any reduction of your income in the future. 
  • Future care costs are for any care you will need as a result of medical negligence.
  • Out-of-pocket expenses cover medical appointments, travel, accommodation, and meals. 

Be sure to keep payslips, receipts, and proof of any losses you experience due to the anaesthesia negligence.  

You deserve compensation to cover all losses, including loss of life, medical costs, and long-term care needs. 

When you or a loved one suffers from anaesthesia negligence, you can make a claim for medical negligence compensation.

medical negligence compensation types
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Who can be held responsible for anaesthesia negligence?

The anaesthetist administering the anaesthetic drugs can be held responsible for the anaesthesia negligence. They are trained medical professionals who have a duty of care for you when going under anaesthesia.

Anaesthesia negligence may also happen when staff responsible for monitoring the patient after surgery is negligent in their duty. If the hospital responsible for employing the anaesthetist employs a poorly-trained one, then the NHS authority may be guilty of hospital negligence.

If you suffer from anaesthesia negligence, you may make a claim against the NHS Trust or private clinic that employed the medical professional responsible.

Those responsible for anaesthesia negligence could be:

  • The anaesthetist who administered too high a dose of anaesthetic
  • An anaesthetist who failed to monitor oxygen levels during surgery
  • The anaesthesia team who made an error when intubating a patient
  • The surgery team who failed to take a patient’s history
  • The hospital responsible for anaesthesia protocols and NICE guidelines
  • The hospital responsible for hiring the anaesthetist
  • The hospital responsible for providing patient care
Who is responsible for medical negligence

Every medical professional owes you a duty of care when dealing with patients in the hospital or clinic. You may suffer anaesthesia negligence when they are negligent with that duty of care and do not provide you with a professional service when undergoing surgery.

Medical negligence is treatment below an acceptable standard by a medical professional. Instead of putting the care needed into your care, the anaesthetist made avoidable errors, which is clear medical negligence. 

By behaving less-than-professionally, the anaesthetist risked your health, or that of a loved one, and the financial and emotional effects could be with you for life.

You can claim compensation for the anaesthesia negligence and get help getting your life and that of the other dependents back on track.

Potential risks of anaesthesia negligence

Potential risks of anaesthesia negligence range from suffering an allergic reaction to waking during surgery and even death in some cases. The anaesthetist should be aware of the potential risks of anaesthesia negligence and take steps to avoid them. 

NICE Guidelines explain the risks of anaesthesia negligence and how to avoid the ‘Never Event’ of one happening before, during and after surgery. Surgery staff and the anaesthesia team must keep up-to-date with the NICE guidelines and follow them to avoid the potential risks of anaesthesia negligence. 

Potential risks of anaesthesia negligence are:

  • Brain damage from lack of oxygen during surgery
  • Brain damage from administering too much anaesthetic
  • Nerve injury when administering anaesthesia via a needle
  • Spinal cord injury when administering anaesthesia
  • Pain from too little anaesthesia being used for local surgery
  • Patient waking during general surgery, causing anaesthetic awareness
  • Cardiac arrest due to reaction to anaesthesia
  • Fear of surgery in patient following errors in anaesthesia
  • Death of the patient due to errors in administering anaesthesia
  • Disability due to stroke caused by anaesthesia errors

The potential risks of anaesthesia negligence are many, and the risks are avoidable when the anaesthetist does their job at a professional level. 

When the anaesthetist does not perform at an acceptable level, it could result in anaesthesia negligence and sometimes with a fatal outcome.

Fatal anaesthesia negligence

Fatal anaesthesia negligence is when the errors by the anaesthetist result in the death of the patient. The patient could die when in the operating room, afterwards when in intensive care or some time later due to ongoing complications from the anaesthesia negligence.

 Fatal anaesthesia negligence can happen when:

  • The patient is not monitored correctly when under anaesthesia
  • A patient suffers a severe allergic reaction and does not recover
  • The anaesthetist administers too much of the anaesthesia
  • A patient wakes during surgery and suffers a fatal heart attack
  • A patient has other health risks that are not considered by the anaesthetist

Fatal anaesthesia negligence should not happen, but it can happen in rare circumstances. The anaesthetist should take every step to avoid the errors that lead to fatal anaesthesia negligence.

Compensation for fatal medical negligence

Who can claim as a result of fatal anaesthesia negligence?

The loved ones left behind as a result of fatal anaesthesia negligence can claim compensation for the medical negligence. In any medical negligence case, such as anaesthesia negligence, those left behind who can claim are known as ‘dependents.’ 

In anaesthesia negligence dependants who can claim compensation can be:

  • A spouse or former spouse of the deceased
  • Someone who lived with the deceased for two years before death as a husband, wife, or civil partner.
  • Blood children, adopted children or those who became children through marriage or civil partnership
  • Parents and those acting as parents, such as a guardian or step-parents
  • Grandparents or great-grandparents
  • Brothers, sisters, cousins, and other direct relatives

The dependents of the victim may have a claim for compensation, and a No Win No Fee medical negligence solicitor can guide them through the steps in making a claim for anaesthesia negligence.

Steps in making a claim for anaesthesia negligence

The steps involved in making an anaesthesia negligence claim go from seeking medical advice to issuing court proceedings. 

The steps are a part of any successful compensation case, and settlement can happen at any stage in the process.

Your medical negligence solicitor will do the rest when you follow the steps correctly and gather all the facts and figures.

Seek medical advice on the injuries you suffered during, before or after surgery as soon as you realise it could be anaesthesia negligence.

Contact a specialist medical negligence solicitor who operates on a No Win No Fee basis and tell them what went wrong. The right solicitor will look at the case, see where the problem lies, and advise if you suffered due to negligence by the anaesthetist. 

The Medical Negligence Team also have a 100% Compensation Guarantee scheme, where you get all the money awarded in a negligence claim. 

You or a loved one suffered medical negligence, and you should get all the money due for the suffering caused by the anaesthesia negligence.

Your medical negligence solicitor obtains the medical records with your permission. By reading the records, they will confirm if they think you have a valid anaesthesia negligence claim. 

The medical negligence team will know from your medical records if the case will result in compensation being paid.

The medical negligence solicitor sending a letter of claim to the negligent party is the next step. The letter will ask them to admit the medical negligence in what is known as ‘sending a letter of claim.’ 

When the negligent party receives the letter of claim, it has up to four months to provide a written response.

Getting a response from the negligent party’s insurer will move the compensation claim closer to a conclusion.

The insurer will either admit the anaesthesia negligence or say they intend to defend the case. Deciding to defend the claim is known as ‘deny liability’ in legal terms. 

If they admit liability, your anaesthesia negligence claim can be valued, and the two parties will meet to decide on the compensation payment. 

Your solicitor will negotiate with the negligent party and use their experience to get the compensation you deserve.

Issuing court proceedings is the next step if they deny liability in your anaesthesia negligence claim. 

Going to court happens, too, when they are not prepared to pay a fair amount for the damages you or your loved ones suffered. Your medical negligence solicitor issues the court proceedings.  

Remember that less than 1% of medical negligence cases end up in court, and very few of those cases ever make it to the courtroom.

making a medical negligence claim

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Can I make an anaesthesia negligence claim on behalf of a loved one?

Yes, you can make an anaesthesia negligence claim on behalf of a loved one. Under UK law, if an injured party cannot represent themselves, then a loved one can take the case on their behalf.

Anaesthesia negligence is a perfect example of claiming on behalf of a loved one. The negligence by the anaesthetist or the hospital could take a loved one’s life or leave them unable to make a claim.

Your loved one depends wholly on you and the family for care and to fight for their rights. By making a claim on their behalf for anaesthesia negligence, you are fighting for the compensation they deserve.

A parent can make an anaesthesia negligence claim on behalf of a child while they are still under 18. In some cases, the diagnosis of anaesthesia negligence is not made until a child is in their late teens. The child’s parents can make a compensation claim when the child is under 18, but the young adult can make one until they turn 21. 

A No Win No Fee medical negligence solicitor will work with you to win the compensation claim for the anaesthesia negligence.

Hospital negligence claim

A hospital negligence claim happens when a medical professional employed by the hospital is guilty of medical negligence. The hospital is responsible for what happens to a patient when under their care; a breach of that duty of care could be hospital negligence. 

Anaesthesia negligence is a type of hospital negligence, as the hospital employs the anaesthetist and surgical team. The hospital is responsible for all patient care, including when you are going under anaesthetic. 

The hospital is also responsible for storing anaesthesia drugs and repairing and maintaining equipment for administering anaesthetic. 

There could be hospital negligence if they fail in their duty of care by not storing the anaesthesia drugs correctly or not maintaining equipment.

Hospital negligence

How long do I have to make a claim for anaesthesia negligence?

You have three years to make a claim for anaesthesia negligence. All medical negligence claims, including anaesthesia negligence, are subject to limitation periods. 

For example, in England and Wales, medical negligence claims must generally be brought and court proceedings issued within three years of the injury or three years of knowledge of the facts giving rise to the anaesthesia negligence claim. 

If someone has passed away, it is the date of death if the limitation period has not expired at the date of death. 

Children not under a disability typically have until they reach 21 to start an anaesthesia medical negligence claim or court proceedings. 

Persons with a disability, who lack capacity, are not subject to any limitation period.

Using a No Win No Fee medical negligence solicitor

Using a No Win No Fee medical negligence solicitor is the only way to a successful anaesthesia negligence compensation claim. Your No Win No Fee medical negligence solicitor will not charge you for a claim you do not win.

The medical negligence solicitor will have the experience of anaesthesia negligence to handle your compensation claim. They will know how anaesthesia negligence can happen and how to make a successful claim for compensation. 

Always have a fee agreement in place before engaging a medical negligence solicitor. If they start talking of a ‘win fee’ or a ‘success fee,’ you should walk away. The negligent party insurers should pay all fees. 

The medical negligence solicitor should also operate a 100% Compensation Guarantee scheme. When you win the case, all the money awarded should go to you, not the solicitor. 

You are the one who suffered due to the anaesthesia negligence, and you deserve the compensation to get your life back to normal.

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Can I make an anaesthesia negligence claim against the NHS?

Yes, you can make an anaesthesia negligence claim against the NHS. Suing the NHS for negligence is not unusual. People sue the NHS for compensation for medical negligence and receive the money they deserve for the lack of duty of care. 

We trust in and use the NHS daily and do not expect negligence. It happens, though, and with a ‘Never Event’ such as anaesthesia negligence, the patient can claim compensation for the suffering. 

Most people in the UK undergoing surgery do so in an NHS hospital. The standard of medical care and service in an NHS hospital is usually excellent, but mistakes such as anaesthesia negligence happen. 

As a result, many anaesthesia negligence claims come from what happens in an NHS hospital, and if you suffer anaesthesia negligence while in an NHS hospital, you could make a claim for compensation. 

The NHS has a dedicated team to handle medical negligence compensation claims like anaesthesia negligence, called NHS Resolution. NHS Resolution has a responsibility to treat patients who seek compensation fairly. 

Your No Win No Fee medical negligence team solicitor can handle your anaesthesia negligence compensation claim with NHS Resolution and achieve a successful outcome. 

Contact The Medical Negligence Team

Contact the Medical Negligence Team today to discuss your anaesthesia negligence claim for compensation. We have both the legal and medical experts to guide you along the steps to a successful medical negligence claim for compensation. 

At the Medical Negligence Team, we fight every compensation claim on a No Win No Fee basis and you will not be out of pocket for an unsuccessful claim. 

The Medical Negligence Team a very high success rate and a reputation for a speedy and successful resolution to any anaesthesia negligence cases. 

Our 100% Compensation Guarantee puts all the money you win into your pocket. You or your loved one suffered anaesthesia negligence and deserve every penny of the compensation claim. 

Contact us at the Medical Negligence Team for all your anaesthesia negligence needs.

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