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Anaesthesia Negligence Claims Specialist
If you have suffered anaesthesia negligence, we can help you claim compensation.
£85 million in compensation
Anaesthesia Negligence Claims Specialists
If you have suffered anaesthesia negligence, we can help you claim compensation.
How Much Compensation Can I Claim for Anaesthesia Negligence?
Anaesthesia is an essential part of many surgical procedures and medical treatments. Trained anaesthetists should always take great care when administering anaesthesia, and patients should trust that they are in safe hands. While this is the case in most circumstances, mistakes can unfortunately happen from time to time. We explore what your options are if you have suffered anaesthesia negligence.
What You Need To Know
- There are two main types of anaesthetic – local anaesthetic, which is applied to a localised area of the body and used in minor procedures where the patient is still awake, and general anaesthetic, which leaves the patient unconscious and is used in a control setting for more serious and lengthy procedures.
- You are entitled to receive a minimum standard of care from all medical professionals who treat you, including anaesthesiologists.
- If a medical professional gives you substandard care, and you suffer preventable harm from this (harm that should’ve been avoided), it could be considered medical negligence.
- Anaesthesia negligence could lead to brain damage, nerve damage or even a stroke.
- Our specialist solicitors can act for you and provide you with their services on a No Win No Fee basis.
If you or someone you know has been harmed because an anaesthetist provided substandard care, we understand that this must be an extremely difficult time for you and your family. Let us help you fight for financial compensation. While money can’t undo the damage that’s been done, it can aid your recovery. Contact us for free today:
- Call 0151 375 9916
- Visit our Contact Us page
Can I Claim For Anaesthesia Negligence?
Yes, you can make a claim for anaesthesia negligence if you can show that you suffered preventable harm as a result of substandard care from a medical professional.
All medical professionals owe a duty of care to everyone they treat. This means that they must always deliver care that meets the minimum expected professional standards. This applies to both private and NHS healthcare providers.
If a medical professional fails to meet these standards, such as a anaesthesiologist, this is classed as a breach of duty of care.
As such, you are entitled to compensation if you meet the anaesthesia negligence claims eligibility criteria:
- A medical professional, such as an anaesthesiologist, owed you a duty of care.
- This duty of care was breached.
- You suffered preventable harm as a result of this breach.
It’s important to note, however, that medical procedures can still go wrong even when the correct standards of care are met. So, to confirm your anaesthesia negligence claim eligibility with our team for free, please contact us today.
How Much Anaesthesia Negligence Compensation Could I Get?
The amount of anaesthesia negligence compensation you could get depends on the severity of the harm you suffered, how this has impacted your life, and whether this caused any financial losses.
Compensation in successful anaesthesia negligence claims can comprise of general and special damages.
General damages account for the physical and psychological damage you’ve suffered due to negligent medical care, such as:
- The physical pain.
- Loss of amenity (the decrease of your quality of life).
- The extent of treatment you have to undergo.
- Emotional distress, anxiety, depression, or Post-Traumatic Stress Disorder (PTSD).
To calculate a figure for general damages, legal professionals will often refer to your independent medical records and the Judicial College Guidelines (JCG). The JCG is a publication with an index of guideline compensation brackets for different types of illnesses and injuries.
Below is an example table of different types of harm that could possibly result from anaesthesia errors, and entries from the JCG. Please note that these brackets cannot be guaranteed as all medical negligence claims are unique in circumstance. The top line is also not from the JCG:
| Harm | Guideline compensation brackets | Severity and notes |
|---|---|---|
| Multiple types of harm + special damages | Serious | Serious – compensation for more than one severe type of harm with related financial losses such as future loss of earnings, home adaptation costs, and medical bills. |
| Paralysis | £396,140 to £493,000 | Tetraplegia (a) – upper end of this bracket is applicable to cases where physical pain is present and the senses have been significantly affected. |
| £267,340 to £346,890 | Paraplegia (b) – life expectancy, extent of pain and age will affect the amount awarded. | |
| Brain damage | £344,150 to £493,000 | Very severe (a) – cases involving ‘locked-in’ syndrome with severe disabilities (cognitive and physical). |
| £267,340 to £344,150 | Moderately severe (b) – a minimal conscious state with a reduced life expectancy. | |
| £18,700 to £52,550 | Less severe (d) – a good recovery is made despite memory and concentration problems. | |
| Bladder | Up to £224,790 | Double incontinence (a) – with other medical complications. |
| General psychiatric damage | £66,920 to £141,240 | Severe (a) – a poor prognosis, where there’s problems with all aspects of the person’s life. |
| £7,150 to £23,270 | Moderate (c) – a good prognosis and a marked improvement by trial. |
Calculating The Compensation For Anaesthesia Negligence Claims
When calculating compensation for anaesthesia negligence claims, the harm you have suffered will be taken into account, but also any financial losses this has caused.
Special damages account for the financial losses you’ve suffered due to anaesthesia negligence, and can lead to a substantial sum when your compensation is being calculated. This is because special damages can reimburse the past, current, and future financial losses that you suffer, such as:
- Loss of earnings if you’re unable to work.
- Future loss of earnings, missed pension contributions, and missed bonus opportunities.
- Medical expenses, such as prescriptions.
- Home adaptation costs.
- Care costs, either from family or professional.
To ensure you receive the correct amount of anaesthesia negligence compensation for your special damages, you must provide evidence such as bank statements, payslips, receipts, and invoices.
Our solicitors can help you gather this evidence and tell you more about how anaesthetic negligence claims are calculated. So, contact us today to learn more about what you could specifically be entitled to.
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What Are Some Examples Of Negligent Anaesthesia?
Examples of negligent anaesthesia can include administering the wrong dose, failing to monitor the patient during the procedure, and general incompetence.
Here are some specific examples of how a patient could suffer preventable harm from anaesthesia due to a medical professional breaching their duty of care:
- While measuring out the medication, an anaesthetist makes a calculation error and gives the patient too high a dose. This leads to an overdose, which causes the patient to go into a coma and suffer significant brain damage.
- Due to incompetence or an oversight, the patient’s vital signs, such as their heart rate and blood pressure, are not adequately monitored during a surgery. This leads to a cardiac arrest.
- During childbirth, an anaesthesiologist applies an epidural in the wrong place. This causes permanent damage to the nerves and paraplegia.
- The medical staff failed to check a patient’s medical records or history before administering them anaesthetic. They therefore miss that the patient has an allergy to the anaesthetic they gave them, and they suffer a severe allergic reaction to the anaesthetic, which leads to an anaphylactic shock.
- The anaesthetists fail to monitor a patient throughout their procedure. This leads to the patient being partly conscious during the procedure, and they were able to feel severe pain. As a result of this, they suffer from PTSD.
A medical professional’s duty of care includes many obligations; therefore, a breach can occur in numerous ways not included in the list above. To have a chat with us about your specific circumstances, please contact us today.
What Are The Potential Risks Of Anaesthesia Negligence?
Potential risks of anaesthesia negligence range from minor harm to more severe and life-changing outcomes, including brain and nerve damage.
Potential physical risks include:
- Brain damage.
- Stroke.
- Nerve damage.
- Paralysis.
- Cardiac arrest.
- Allergic reactions and anaphylaxis.
- Respiratory problems.
- Airway and dental damage.
- Malignant hyperthermia.
- Fatality, in the most severe of cases.
Potential psychological risks include:
- Anaesthetic awareness – where you’re conscious during the procedure, but unable to move or speak.
- PTSD.
- Emotional distress.
- Anxiety.
- Depression.
- Post-Operative Cognitive Dysfunction (POCD).
- Distrust in the healthcare system.
If you have suffered harm that could have been avoided due to a medical professional’s failings, you can reach out to us today for free to find out whether you can make an anaesthesia negligence claim.
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We pride ourselves on providing the best service possible for our clients.
What Is Needed To Prove Anaesthetic Medical Negligence?
Evidence such as copies of your medical records and correspondence with the medical institution you received the anaesthesia at, is needed to prove anaesthetic medical negligence.
Alongside collecting evidence, there are several steps you can take to protect your health and legal position. These are:
Seeking Treatment
Your health and wellbeing is the number one priority. After realising you suffered medical negligence, you should immediately:
- Visit your GP, or an urgent care unit.
- Follow any treatment plans and medical advice given to you.
Not only does this help with your recovery and prevent the harm from getting any worse, this also creates an official medical record of how you suffered from negligent medical care.
Collecting Evidence
Useful evidence in anaesthesia negligence claims include:
- Contact details from anyone who witnessed you receive substandard medical care, such as another medical professional who was in the theatre during your operation.
- Copies of correspondence you’ve had with the liable hospital about the anaesthetic procedure.
- Copies of your medical records from before and after you suffered preventable harm.
- The packaging of any medication you’ve needed to take to treat the preventable harm.
- Photographs of any visible harm you’ve suffered.
- Copies of any reports made by any professionals you have consulted, such as counsellors.
- Copies of any official complaints you’ve raised to the liable hospital (through an email or letter).
- Copies of any pre-procedure letters or information booklets you received.
The sooner this evidence is gathered, the harder it is for anyone to dispute your claim.
Our solicitors can help you collect your evidence, should you choose to connect with them. This can be extremely helpful during the claims process, as this takes any legal pressures off of you.
Ensure The Negligence Is Reported
It’s very important to ensure that there is an official record of the incident. This is because a formal report can strengthen your clinical negligence claim:
- Make a forming complaint to the liable healthcare provider.
- Report the negligent healthcare provider to their professional regulatory body.
- Contact the Patient Advice and Liaison Service (PALS), if the medical negligence occurred in an NHS hospital. PALS offers confidential advice to help you raise concerns.
Keep A Track Of How Anaesthesia Medical Negligence Has Affected You
Keep a track of:
- Your symptoms and pain levels day-to-day.
- What treatment you’ve received.
- The financial losses you’ve incurred relating to the harm.
The above helps show all of the ways you’ve been affected by anaesthesia negligence.
Seek Legal Advice
Working with a specialist medical negligence solicitor can be extremely helpful as you navigate the compensation claims process.
Our reputable solicitors in particular:
- Work on a No Win No Fee basis.
- Have secured over £90 million in compensation for past clients.
- Have had years of the highest level of legal training, with expert knowledge in anaesthesia negligence claims.
- Can take on claims across the country.
- Combined, have decades of experience in winning compensation claims for clients.
- Are experts in all types of medical negligence claims.
- Are dedicated to providing you with the best client service available.
You can have a free initial consultation with us to see whether you can connect with one of our solicitors, with no obligation to proceed after. Contact us today.
Be Aware Of The Limitation Period
You must begin your anaesthesia negligence claim within the limitation period. Otherwise, your claim can become statue-barred and invalid.
The limitation period is typically 3 years. However, there can be expectations to this, which we explore in more detail below.
Our solicitors can ensure that all relevant time limits are adhered to. Continue reading to see if you still have enough time to begin your claim. You can also contact our advisors to discuss your case.
How Long Is The Anaesthesia Compensation Claim Time Limit?
The anaesthesia negligence claims time limit is typically 3 years, in accordance with the Limitation Act 1980. This time limit can typically commence from two dates:
- The date negligence was suffered.
- The date it was first reasonably realised that negligence was suffered (the date of knowledge).
However, in some cases, the time limit will be paused. This happens when the claimant is either:
- Under the age of 18. In this case, the time limit is paused until their 18th birthday.
- Lacking their full mental capacity. In this case, the time limit is paused until the date they make a full recovery of their mental capacity, if they ever do.
When the time limit is paused, these claimants are unable to begin their own claim.
While the claimant is unable to begin their own claim, a loved one can step in as a litigation friend and make a claim for them. Litigation friends are responsible, court-appointed adults who must act on behalf of the claimant, keeping their best interests in mind.
If you would like more information on the anaesthetic negligence compensation claims time limit and its exceptions, please contact us today. We can also help you become a litigation friend.
What Can JF Law’s No Win No Fee Solicitors Help With?
Here at J.F. Law, our No Win No Fee solicitors can help you with navigating the medical negligence claims process.
There are lots of inclusive services that our No Win No Fee solicitors offer to help you throughout the anaesthesia negligence claims process. This includes:
- Collecting evidence on your behalf.
- Communicating with the defendant and all other parties on your behalf.
- Expert negotiations to ensure that the compensation value is fair and covers all of the suffering.
- Sorting out legal representation on your behalf, should the claim go to court (which is unlikely, as the majority of claims get settled before court).
- Help with applying for interim payments, if necessary.
- Explaining any legal jargon you come across.
- Sending you regular case updates, so you can focus on recovery without worrying about the status of the claim.
- Help finding rehabilitation specialists.
These services are also provided on No Win No Fee terms. Specifically, under a Conditional Fee Agreement (CFA). This means that:
- You pay no upfront or ongoing solicitor service fees.
- You pay no solicitor service fees at all if your claim is unsuccessful.
- If your claim is successful, your solicitor will take a small percentage of your compensation. This percentage is legally-capped and called the ‘success fee’.
Contact Us
Contact us today to find out for free whether you can make an anaesthesia negligence claim with our specialist solicitors. Save the hassle of navigating the medical negligence claims process on your own, and let us take care of it for you:
- Call 0151 375 9916
- Visit our Contact Us page
Frequently Asked Questions
Below, we answer some frequently asked questions regarding anaesthesia negligence claims.
What Is Anaesthesia Negligence?
Anaesthesia negligence is a type of medical negligence that occurs when a medical professional breaches their duty of care and causes preventable harm with anaesthesia.
Can I Claim For Anaesthetic Awareness?
Yes, if the anaesthetic awareness has caused you harm, such as PTSD or pain lasting beyond the procedure, then you can possibly make a claim for this.
How Do I Know If My Injury Was Caused By Negligence?
To know for sure whether your harm was a result of negligent medical care, you can seek expert advice and discuss your circumstances with our specialist team.
What Injuries Can Result From Anaesthesia Errors?
There are numerous types of injuries and illnesses that could potentially result from anaesthesia errors. Some are more minor, such as temporary nerve damage, and some are more severe, such as paralysis and brain damage.
Will I Need To Go To Court If I Claim Anaesthesia Negligence?
No, you will not necessarily need to go to court if you make a claim for anaesthesia negligence. In the majority of cases, medical negligence claims are settled before court proceedings are necessary.
More Information
Browse some of our other medical negligence claims guides:
- Learn about medication error claims.
- Learn about never events.
- How to make an A&E negligence claim.
Additionally, you might find these resources useful:
- Royal College of Anaesthetists (RCOA) – information on the expected standards of anaesthetists.
- NHS – information on general anaesthetic.
- Gov.UK – how to get Statutory Sick Pay (SSP) if you’ve took time off work to recover.
We hope that this guide on anaesthesia negligence claims has been helpful. Please remember that we can answer any of your questions at any time.
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