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MEDICAL NEGLIGENCE

Anaesthetic awareness whilst having a laparoscopy

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Being aware of surgery while under general anaesthetic can be a frightening and traumatic experience. Our client became conscious during a laparoscopy and suffered lasting psychological effects. A settlement was reached to cover the cost of her future treatment and compensate her for the pain and distress she experienced.

In this case...

  • What happened when our client became aware during surgery
  • The lasting psychological effects of anaesthetic awareness
  • How the incident affected our client’s wellbeing
  • How the hospital investigated the incident
  • How the claim progressed despite liability being disputed
  • The settlement to support our client’s future treatment

What happened when our client became aware during surgery

General anaesthesia is intended to keep a patient unconscious during surgery, prevent movement and relieve pain. The anaesthetist is responsible for providing anaesthesia throughout the operation, while the wider surgical team shares responsibility for the patient’s care.

Unfortunately, our client wasn’t suitably anaesthetised during a laparoscopy. She vividly remembers feeling the surgical incision and the sensation of gas being introduced into her abdomen. She could also hear the consultant surgeon discussing the procedure.

Our client tried to alert the medical team that she was aware of what was happening, but she couldn’t move or communicate. Her blood pressure took around 20 minutes to settle, which was thought to be the likely period of awareness.

The lasting psychological effects of anaesthetic awareness

The experience left our client extremely distressed. She struggled to sleep, and her GP prescribed medication to help restore her sleep pattern.

Her difficulties continued after the operation. Her GP suspected post-traumatic stress disorder (PTSD) and recommended counselling. Our client went on to receive trauma-focused cognitive behavioural therapy with a private psychologist.

Following treatment, her nightmares became less frequent, but they didn’t stop completely. She was diagnosed with PTSD and would need further trauma-focused cognitive behavioural therapy and/or eye movement desensitisation and reprocessing therapy.

How the incident affected our client’s wellbeing

Waking during surgery and being unable to move or alert the medical team was a traumatic experience for our client. The effects continued well beyond the operation itself.

Her ongoing nightmares and sleep difficulties affected her wellbeing. She needed professional psychological treatment to help her manage the distress caused by what happened.

Although treatment helped reduce the frequency of her nightmares, they continued. Her diagnosis of PTSD meant she would need further therapy.

How the hospital investigated the incident

When the anaesthetic had worn off sufficiently, our client told the nurse in the recovery room that she’d felt a searing pain when the incision was made and had heard the surgeon describing the procedure. The nurse told her she had been dreaming.

Our client felt she wasn’t being taken seriously. After transferring to the ward, she repeated what had happened to the nursing staff. She then called her daughter and partner, who contacted the hospital that afternoon.

This prompted an investigation. When the hospital reviewed the blood pressure charts, it admitted there had been an error.

In the client's own words

“Natalie Hirst was excellent in my case, keeping me updated and informed every step of the way and was always happy to talk to me about any queries I had. Nothing ever seemed too much for her to help me with through the process.”

How the claim progressed despite liability being disputed

Despite the hospital admitting an error had occurred, liability was never admitted. This meant the hospital didn’t formally accept legal responsibility for the harm our client had experienced.

The team on the case pursued the claim to secure an appropriate settlement that recognised the distress caused by the incident and the cost of our client’s future treatment.

A suitable settlement was ultimately reached, providing compensation without the source suggesting that the hospital had formally admitted liability.

The settlement to support our client’s future treatment

Our client received compensation intended to cover the cost of her future treatment and recognise the pain and distress caused by the incident.

The settlement was important because our client had ongoing psychological effects, including nightmares and PTSD, and required further therapy.

Reflecting on the support she received, our client said:

“Natalie Hirst was excellent in my case, keeping me updated and informed every step of the way and was always happy to talk to me about any queries I had. Nothing ever seemed too much for her to help me with through the process. I would recommend her to friends and family.”

Support with an anaesthetic negligence claim

Being aware during surgery can have a lasting psychological impact. If you’ve experienced something similar and are concerned about the care you received, Fletchers can help you understand your options.

Our team can explain the claims process and help you explore whether you may be able to seek compensation for the harm you’ve experienced.

Find out more about medical negligence claims.

Contact us today to speak to our team.

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