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Anaesthetic Negligence Claim

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Anaesthetic Negligence Claim

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About

An anaesthetic negligence claim is when you take legal action against medical professionals because something went wrong with the anesthesia during a medical procedure and it caused you harm. This harm could be physical, like nerve damage or brain injury, or psychological. In these circumstances, you could seek compensation for the harm you've suffered. Next steps

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Anaesthetic Negligence Claims

Anaesthetic negligence is when mistakes are made during the administration of anaesthesia, leading to harm or injury to the patient.

If you are a victim of anaesthetic negligence, you may be able to make a claim for compensation to cover medical expenses, lost income, and pain and suffering.

At Lawhive, our network of personal injury solicitors specialises in handling anaesthetic negligence claims. They're on hand to guide you through the process, from assessing your case to negotiation with the responsible parties and representing you in court if necessary.

Contact us today for a free consultation and start your claim.

anaesthetic-negligence

What is anaesthesia?

There are different types of anaesthesia.

General anaesthesia is a state where you're completely unconscious during a medical procedure so you don't feel any pain or discomfort.

Local anaesthesia involves using medicines to numb a specific body part to alleviate or prevent pain before, during or after certain procedures. Unlike general anaesthesia, local anaesthesia does not make you lose consciousness.

Regional anaesthesia blocks pain sensation in a specific part of the body. The two main types are Epidural Anesthesia, often used for pain relief during childbirth or for lower abdominal and lower limb surgeries and Spinal Anesthesia, administered as an injection into the spinal fluid and is commonly used for lower abdominal and lower limb procedures.

Sedation involves administering medication to induce relaxation and reduced consciousness, allowing the patient to remain responsive but less aware of the procedure.

Topical anaesthesia involves applying anaesthetic agents directly to the surface of the skin or mucous membranes to numb the area.

What is anaesthetic negligence?

Anaesthetic negligence refers to situations where errors or negligence occur during the administration of anaesthesia, leading to harm or injury to the patient. Here are some common scenarios that may give rise to an anaesthetic negligence claim:

Anaesthetists must make sure patients understand the risks and potential complications associated with anaesthesia. If a patient is not adequately informed, it could lead to a claim.

Dosage errors

Administering an incorrect dosage of anaesthesia or failing to adjust it appropriately during a procedure can result in complications, such as awareness during surgery or excessive sedation.

Monitoring issues

Proper monitoring of vital signs during anaesthesia is crucial. Failures in monitoring can lead to complications like oxygen deprivation or respiratory distress.

Failure to identify pre-existing conditions

Anaesthetists must review a patient's medical history to identify any pre-existing conditions that could affect anaesthesia administration. Failing to do so may lead to complications.

Allergic reactions

Some anesthesia-related drugs can cause allergic reactions. Failing to identify and address a patient's allergies can result in serious complications.

Intubation errors

Proper intubation is essential to secure the patient's airway during surgery. Errors in intubation can lead to respiratory problems and other complications.

If you believe you've experienced anaesthetic negligence in any of these situations, seek legal advice from a medical negligence solicitor. They can help you understand your rights and options for pursuing a claim.

Potential consequences of anaesthetic negligence

Anaesthetic negligence can have profound impacts on patients' physical and mental well-being, as well as their overall recovery.

Inadequate administration of anaesthesia may result in patients being partially or fully conscious during surgery, causing extreme distress and psychological trauma, including anxiety, depression, or post-traumatic stress disorder (PTSD).

Other consequences include:

  • Respiratory issues or failure

  • Organ damage

  • Cardiovascular problems

  • Allergic reactions

  • Infections

  • Inadequate pain management

  • Extended hospital stays

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How do I prove anaesthetic negligence?

Proving anaesthetic negligence involves demonstrating that the healthcare provider, typically the anaesthetist, failed to meet the expected standard of care, resulting in harm.

Medical records and experts can provide testimony on the standard of care, whether it was breached, and how it contributed to your injuries.

If applicable, photographic evidence of your injuries or complications can also strengthen your case.

How much could I get for an anaesthetic negligence claim?

Compensation for anaesthetic or medical negligence claims isn't standardised, as each case is unique and depends on various factors. The compensation awarded typically considers the severity of the harm suffered, future needs, lost income and medical expenses. According to NHS Resolution, the average settlement amount you could expect to get could be around £50,000 - but this is merely an average estimate and not guaranteed.

A specialist lawyer can provide guidance on the potential compensation you may be entitled to when bringing an anaesthetic negligence claim.

Contact us today to find out more.

What are the time limits for making an anaesthetic negligence claim?

The standard limitation period for most medical negligence claims, including anaesthetic negligence claims, is three years from the date of the incident or the date when you became aware of the injury.

If you don’t start a claim within these three years, your right to do so may be lost.

How to make an anaesthetic negligence claim

To make an anaesthetic negligence claim, contact a medical negligence solicitor who will assess your case and give you a breakdown of the process and what you can expect the outcome of your case to be. Your solicitor will need to see things like your medical records; all documentation or evidence regarding the administration or use of anaesthetic; any photographic evidence; witness statements; and details of the harm caused.

How long do anaesthetic negligence claims take?

A medical negligence claim can take around 18 months to settle depending on the severity of your case and any complications that might arise throughout your claim. You could face objections or there may be questions around your evidence that need further investigation. Again, your solicitor will be able to give you a rough estimate of the time your case could take, but you should be aware that this is not set in stone and cases may take longer depending on the circumstance.

Will I have to go to court for an anaesthetic negligence claim?

The majority of medical negligence claims, including anaesthetic negligence, are resolved without going to court. The legal process allows for negotiation, settlement discussions, and alternative dispute resolution methods to reach an agreement between parties.

Going to court is generally considered a last resort when a settlement cannot be reached through other means.

Will I need a medical examination for an anaesthetic negligence claim?

For an anaesthetic negligence claim, a medical examination is an important part of the process and a key piece of evidence. The examination will be carried out by an independent medical expert who specialises in the relevant field, such as an anaesthetist or anesthesiologist.

The purpose of the examination is to assess the extent of the harm or injuries caused by the alleged anaesthetic negligence and to obtain an expert opinion on the medical aspects of your case.

What is the potential outcome of an anaesthetic negligence claim is successful?

If your anaesthetic negligence claim is successful, the potential outcomes involve financial compensation for the harm and losses suffered by you.

The compensation, also known as damages, is given to provide financial support for the various consequences of the negligence. The amount awarded can vary depending on the specific circumstances of the case and the nature of the injuries.

General damages will compensate you for non-financial losses, such as pain, suffering, and loss of amenity. The amount is based on the severity and impact of the injuries on your life.

You may also receive special damages, which cover specific financial losses incurred as a direct result of the anaesthetic negligence. This could include:

  • Medical expenses: Costs related to medical treatment, rehabilitation, and ongoing care.

  • Loss of earnings: Compensation for past and future loss of earnings due to the injuries.

  • Travel expenses: Costs associated with travelling to and from medical appointments.

  • Care and assistance: Compensation for the cost of professional care or assistance required.

If your injuries have long-term or permanent consequences, the court may award damages for future losses, including medical expenses, ongoing care needs, and potential future loss of earnings. In addition, if you require adaptations to your home or lifestyle due to disabilities resulting from the negligence, the cost of these adaptations may be included in the damages.

In many successful medical negligence claims, the defendant has to pay your legal costs. This includes solicitors' fees, expert witness fees, and court fees.

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