Call our freephone helpline to find out about medical negligence   1-800 989 988

Is it difficult to claim for an anaesthesia error during an operation where I woke up midway and could feel everything? The pain was excruciating and I have suffered from night terrors ever since.

Like all medical negligence claims, a claim for an anaesthesia error made during an operation could be difficult due to the complicated nature of this type of claim. However, all medical practitioners owe their patients a duty of care and the fact that you woke up during your operation and had the horrifying experience of what is known as “anaesthetic awareness” conveys a breach in this duty of care and suggests a demonstration of negligence with regards to the administering of anaesthesia. You should be eligible to make a claim for an error with anaesthetic during surgery, however only if negligence can be established and the negligent party is identified.

It is therefore advisable that you contact a solicitor with experience in dealing with medical negligence claims at the first possible moment. Once you inform them of the circumstances in which you experienced anaesthetic awareness, the pain and suffering you endured as a result and the subsequent psychological impact this has had on your life, they will be able to advise you on the viability of your claim and begin the process of establishing negligence. Although negligence may appear to be clear to you, it will have to be determined by an independent medical expert that there was indeed negligence with the administering of anaesthesia, that what you experienced could have been avoided if alternative steps had been taken during the surgery and if another competent medical professional had been involved instead.

To establish negligence in your claim for an anaesthesia error made during your operation, your solicitor will contact all of the medical professionals involved in your surgical procedure. Everybody is contacted because the error with anaesthetic during your surgery may not necessarily be the fault of the person who administered anaesthetic — it could have occurred due to a mistake made on the part of a technician, nursing support staff, or even because of the wrong information being provided to the medical team due to an administrational error. Your solicitor will not apportion blame at this point; they will merely obtain any relevant medical notes pertaining to your operation. These notes will then be shown to an independent medical expert. Based on what this medical professional concludes, your solicitor will decide whether or not they will proceed with your claim.

If you have suffered a diagnosable psychological injury due to anaesthetic awareness, it is in your best interest to contact a solicitor to discuss what you have experienced. Although the thought of pursuing a claim after such a traumatising experience may seem overwhelming, a solicitor will be able to put your mind at ease with regards to the claims process. It is therefore recommended that you make an appointment for a consultation with your solicitor in order to discuss your potential claim for an anaesthesia error made during an operation at the first possible moment.