Anaesthetic Negligence

If you or a loved one has suffered due to mistakes made during anaesthesia, such as incorrect dosage, failure to monitor, or anaesthetic awareness then you may be entitled to anaesthetic negligence compensation.

On this page, we explain what anaesthetic negligence is, the common types of errors, the impact it can have, and how to start an anaesthetic negligence claim. With the support of Fletchers Solicitors, you will have our expertise and experience to help you get the compensation you deserve.

What is an anaesthetic negligence claim?

Anaesthetic negligence refers to mistakes made by anaesthetists or other medical professionals before, during, or after administering anaesthesia that led to avoidable harm.

Anaesthesia is a drug used to prevent pain and sensation or induce sleep during medical procedures, ranging from minor operations and dental treatments to major surgery.

There are different types of anaesthesia:

1. Local Anaesthesia – Used to numb a specific area of the body, used for minor procedures. Patients remain fully awake and aware during the procedure.
2. Regional Anaesthesia – Blocks pain in a larger part of the body. Examples include spinal or epidural anaesthesia, commonly used during childbirth, caesarean sections, hip replacement. Patients remain conscious but pain free during the procedure.
3. General Anaesthesia –. Induces a state of controlled unconsciousness and is most often for use during major operations. It affects the entire body and requires close monitoring by anaesthetists throughout the procedure.

Anaesthetists have a role in keeping patients safe when being given anaesthetic. They administer the anaesthetic, select the correct dosage, and carefully monitor you throughout the procedure.

Having anaesthesia can make patients feel vulnerable because it involves losing control. That’s why it’s vital for patients to feel they have confidence and trust in the medical professionals managing their care.

Although anaesthesia is generally safe and widely used, errors do occur. The mistakes may be considered negligent if they fall below the expected standard of care and lead to serious injury or trauma. An anaesthetic negligence claim allows patients to seek compensation for avoidable harm caused by substandard care.

What are the common types of anaesthetic negligence?

• Incorrect dosage of anaesthesia
• Failure to monitor the patient’s vital signs
• Inadequate pre-op assessment
• Failure to manage known allergies or complications
• Faulty or misused anaesthetic equipment
• Communication breakdown between surgical staff

These errors are often linked to broader issues such as inexperience, lack of staff, and poor hospital protocols.

What are the symptoms of anaesthetic negligence?

The consequences of anaesthetic negligence can vary widely in type and severity. In some cases, the effects may be short-term and treatable; in others, they can lead to permanent or life-changing injuries.

Signs that you may have experienced anaesthetic negligence include:

Physical symptoms:

• Prolonged numbness, nerve damage or spinal cord injuries: Typically, after local or regional anaesthetic. Injuries can be serious and result in long lasting pain or disability.
• Allergic reactions: Skin itching, facial swelling or more severely going into anaphylactic shock. While rare, allergic reactions are more likely to occur under general anaesthesia. Approximately 1 in 10,000 patients may experience an allergic reaction to anaesthetic drugs.
• Respiratory issues: Issues with breathing, which can lead to a lack of oxygen, potentially causing brain injury or other serious complications.
• Cardiac complications: Suffering a stroke or heart attack, typically caused by dosage issues or a lack of proper monitoring.

Psychological impacts:

• Anaesthetic awareness: When a patient becomes conscious during their surgery but is unable to move or communicate. While very rare, it can be highly distressing, data from the Royal College of Anaesthetists estimates that about 5 in every 100,000 may experience some form of awareness under general anaesthetic.
• Post-traumatic stress disorder (PTSD): Experiencing awareness during surgery or other anaesthetic complications can lead to emotional and psychological challenges after the procedure. This can manifest as sleep disturbances, panic attacks, nightmares, feelings of anxiety and stress, and a heightened fear of future medical procedures, all of which may have a lasting impact on a person’s overall wellbeing and quality of life.

To prevent awareness during surgery from happening, your anaesthetist is responsible for closely monitoring your level of unconsciousness throughout the procedure. They use equipment to detect any signs of awareness and can adjust the anaesthetic levels accordingly. An anaesthetist should remain with the patient throughout the operation.

If you decide to go forward with a claim, our expert medical negligence solicitors will ensure you are compensated for both physical and psychological impacts. We understand how traumatic these experiences can be and are here to help you seek fair compensation. Start your claim today.

How is anaesthetic negligence rectified?

In the event of anaesthetic negligence, immediate medical intervention may be required to minimise further harm. These can include:

• Reversal agents that counteract the effects of anaesthesia
• Respiratory or cardiac support in the case of breathing difficulties or heart complications
• Neurological assessments and treatment if there are concerns about brain or nerve function

However, for some, longer-term care may be necessary, such as:

• Physical rehabilitation to regain mobility and manage physical impairments
• Ongoing pain management, typically in cases of nerve damage that has caused chronic discomfort
• Psychological therapy or counselling to help individuals process what happened and develop coping strategies for trauma related to the incident.

Anaesthetic negligence compensation claims can help fund the cost of these long-term treatments, providing the support needed to give the best possible footing in your rehabilitation and recovery journey. If you believe you’ve experienced anaesthetic negligence, speak to our medical negligence team to find out if you’re eligible to make a claim.

Can I claim for anaesthetic negligence?

To make a claim for anaesthetic negligence, your legal team must prove both negligence, meaning the anaesthetist or medical professional breached their duty of care (negligence); and second, that this breach directly caused your injury (causation).

When you contact us about your anaesthetic negligence compensation claim, we will carefully assess your case by:

• Reviewing your medical records
• Obtaining independent expert opinions
• Evaluating how the negligence impacted your quality of life

If you believe you have suffered a breach of duty of care from a healthcare provider but are unsure whether you’re eligible to claim, don’t worry, that’s what we’re here for. Our team will provide honest, expert advice on your options. Contact us for a free consultation.

How much time do I have to claim?

You have three years from the date of the negligent treatment, or from when you first became aware of the harm, to make a claim.

Exceptions include:

• Children (the three year limitation period begins on their 18th birthday)
• Adults without mental capacity (no time limit unless capacity is regained)

If you are looking for an anaesthetic negligence solicitor, it’s crucial to seek legal advice as early as possible.  Acting promptly can help with establishing the details of the negligence, preserving key evidence, and ensuring your claim is made within the legal time limits.

At Fletchers Solicitors, we understand that pursuing a claim can feel daunting. You can trust our experienced team to guide you through the process and ease the stress, working towards the best possible outcome for you.  Contact us today to discuss your anaesthetic negligence claim.

How much does it cost to make an anaesthetic negligence claim?

At Fletchers Solicitors, we handle anaesthetic negligence claims on a No Win, No Fee basis. That means you can pursue your claim without worrying about upfront legal costs or financial risk.

With our No Win, No Fee agreement, you’ll benefit from:

• No upfront fees to start your claim
• No legal costs to pay if your claim is unsuccessful
• Clear and transparent agreement before you proceed
• Full peace of mind, knowing there are no hidden costs

If your claim is successful, a pre-agreed percentage of your compensation will go towards covering legal fees. We’ll explain everything clearly before you commit, so you can make an informed decision. Our goal is to make the claims process as straightforward as possible, and focus on securing you the compensation you deserve

How much compensation could I receive for anaesthetic negligence?

Every anaesthetic negligence claim is unique, and the amount of compensation awarded depends on the severity of the harm caused, how long your recovery was and the impact on your quality of life.

Compensation is generally divided into two parts:

• General damages: This covers physical harm, such as injury, pain, physical limitations, and psychological harm, including PTSD, anxiety, and emotional distress.
• Special damages: These cover financial losses resulting from the negligence, including out-of-pocket expenses such as loss of earnings, treatment costs, care needs, and other related expenses.

As a representative guideline for the amount you could receive for your anaesthetic negligence compensation, solicitors refer to the Judicial College Guidelines as a benchmark for valuing general damages in medical negligence cases. Some example figures include:

• Injuries resulting in brain damage – £2,690 to £493,000
• Paralysis (quadriplegia or paraplegia) – £60,210 to £493,000
• Severe nerve damage or spinal cord injury – up to £196,450
• Psychiatric injury – £66,920 to £141,240

To understand your full legal position and potential compensation, contact our experts today for a free assessment of your case.

Why choose Fletchers?

Anaesthesia-related medical negligence can have serious consequences, from physical injury and nerve damage to psychological harm and even death. We understand that bringing a legal case forward can feel daunting. That’s why you can trust us to handle your case with the utmost sensitivity and professionalism, guiding you through every step and keeping you informed throughout.

At Fletchers Solicitors, our team includes over 400 specialist medical negligence lawyers who have secured more than £100 million in compensation for clients over the past 12 months. With over 10 industry accreditations, including APIL and AvMA, you’re in safe hands with Fletchers.

If you’ve been refused help elsewhere or are making a claim for the first time, contact our medical negligence team for expert guidance and a no win, no fee arrangement.

Start your claim today.

Anaesthetic negligence cases

At Fletchers, we are very familiar with many types of medical negligence cases, below we highlight two cases and the consequences such negligence can bring.

1. Birth injury – inadequate anaesthetic care during emergency C‑section
   We represented a client who experienced inadequate anaesthetic management during an emergency caesarean section. The negligence led to prolonged pain and emotional distress, and our team helped secure a settlement to support her recovery.
2. Anaesthesiology fraud – breach of trust and patient harm
   Our Senior Litigation Executive, Ciaran Harper, discussed how fraud and misconduct within anaesthesiology, such as falsifying patient records related to anaesthetic administration, can cause significant harm to patients but also seriously damage public trust in both medicine and the law. These breaches highlight the critical importance of accountability and integrity in medical care.

If you have experienced something similar to these cases or the types of negligence discussed above, we can help you pursue compensation. Contact us today to discuss your claim.

Anaesthetic negligence solicitors

Our solicitors have extensive experience in dealing with medical negligence cases, including those of anaesthetic negligence. We are an award-winning medical negligence specialist team, recognised among the top-rated law firms by The Legal 500 and Chambers & Partners. Whatever your situation, we’re here to provide expert legal support.

Within our medical negligence team, you’ll find supportive solicitors such as:

Kate Lozynska – Experienced solicitor with a background in serious injury, concentrating on brain injury, spinal injury, and obstetrics cases.

Tim Moulton – A highly experienced medical negligence lawyer specialising in complex and high-value claims, with a strong focus on surgical and clinical negligence cases.

Nicola Stanwix – An expert in serious injury and clinical negligence cases, known for supporting clients through complex claims involving life-changing injuries with a compassionate approach.

Q: Will I have to go to court?
A: Most claims settle out of court. But if your case does require it, we’ll be representing you fully from start to finish.

Q: What happens to the medical professional if I make a claim?
A: The aim of a claim is to secure compensation, not punishment. However, serious incidents may be reviewed by the GMC or the NHS Trust involved. Claims made against the NHS are handled by NHS Resolution, which manages the legal and financial aspects on behalf of NHS organisations.

Q: Will I need a medical examination?
A: Yes, an independent medical assessment may be required to understand your injury and collect the necessary evidence needed to support your claim.