Anaesthesia is often a necessary part of medical procedures and can be associated with serious health risks. Experienced medical professionals can make the process as safe as possible for patients, but there are few worse experiences than when something goes wrong. This may result in anaesthetic awareness, which refers to patients waking up or feeling excruciating pain while undergoing surgery. If you’re given too much anaesthetic, or aren’t monitored carefully throughout the procedure, this can also have long-term health consequences.

At Switalskis, we know how it feels when you are let down by a doctor or medical professional. When you go under anaesthetia, you put your life in your doctor's hands and trust that they’ll treat you with the care you deserve. When things go wrong and you’re subjected to negligence, it is often devastating. Our expert medical negligence solicitors know how you feel and want to help you put things right.

In these cases, it's vital to make an anaesthetic negligence claim. Compensation can make your recovery more comfortable, help you to make adjustments to your life to accommodate your injury and hold those responsible for your pain and suffering to account for their actions. 

If you’ve suffered due to errors made by a medical professional during anaesthesia and you want to make an anaesthetic negligence claim, reach out to Switalskis. We're here to talk about your situation and guide you through the process of pursuing justice.

There are several common issues that may be caused by anaesthetic negligence. You may be eligible for anaesthetic compensation if you experienced any of the following:

• Nerve injury: incorrect administration of anaesthetic might harm nerves, leading to pain, numbness, or even paralysis. This often happens when a needle or epidural is inserted in the wrong place.
• Brain damage: if the patient is not intubated correctly while under anaesthesia, they may struggle to breathe. If they’re deprived of oxygen for too long, this can cause brain damage and may have other long-term consequences.
• Respiratory conditions: problems with breathing during or after a procedure can also lead to conditions such as pneumonia or other lung-related issues.
• Allergic reactions: allergic reactions to anaesthetic can have life-threatening consequences.
• Cardiovascular complications: anaesthesia impacts the heart's function. If not handled correctly, it might cause heart attacks, strokes, or other cardiovascular problems.
• Organ damage: mistakes in dosage or administration of anaesthetic drugs can sometimes damage your vital organs.
• Long-term cognitive issues: in some cases, particularly with older patients, anaesthetic negligence can lead to cognitive decline, confusion or other mental health problems. Just like physical consequences, these effects could mean you can claim compensation.
• Post-traumatic stress disorder, emotional distress or mental health problems: The experience of waking up during surgery can be terrifying, and cause long-term emotional distress and anxiety. It’s often possible to make anaesthetic awareness claims in these cases.

Our solicitors are sympathetic to the challenges patients often face when they’ve suffered from medical negligence. It can be difficult to revisit these experiences when making an anaesthetic negligence claim and Switalskis will give you the time you need to tell your story. We approach every case with patience and understanding, because we know that at the heart of every claim is a person whose life was changed by a difficult experience.

Every anaesthetic negligence claim is different. A compensation award depends on numerous factors including the nature and extent of your injuries, the long-term effects on your health and lifestyle, and any money you lost because of the incident.

The results of medical negligence while under anaesthetic range from mild pain with no lasting effects to life-changing injuries. This makes it impossible to provide an estimate without knowing the full circumstances of your case. However, we can explain the factors that we consider when calculating how much compensation you are entitled to receive. The total compensation is a combination of two types of damages:

• General damages are a type of compensation awarded for the pain, suffering and loss of life enjoyment caused by medical negligence. This amount is calculated based on the severity of your injuries and how they affect your daily life. If you’re dealing with physical discomfort or emotional distress because of a mistake during a medical procedure, these feelings are considered when calculating general damages. To some extent, this will be unique to you, although there are guideline amounts that help us to calculate a fair payment.
• Special damages cover any financial losses or expenses you've faced because of the injury. For example, if you’ve missed work and lost earnings during your recovery, paid for private medical treatment, or needed to make adjustments to your lifestyle to accommodate your injury, special damages will take care of those costs. This amount is calculated by adding up your expenses and expected future costs, so it's important to gather any relevant evidence of your outgoings as we help to build your case.

Call a specialist solicitor from Switalskis for a free initial chat about your circumstances. By talking through your unique situation, we’ll be able to estimate how much compensation you could receive and get the process started.

When it comes to making an anaesthetic claim, it's vital to be aware of the statutory time limit, also known as the limitation period. The general rule in England and Wales is that you have three years from the date of the negligence, or from the date when you first became aware of the negligence (known as the date of knowledge), to bring a claim. This date of knowledge is not necessarily the date the injury happened, but instead when you realised that the injury or health problem was caused by someone else's error.

There are a few exceptions to this rule:

• Children: if the person who suffered the negligence is under 18 at the time, the three-year period doesn’t start until their 18th birthday. This means they have until they turn 21 to start legal proceedings.
• Mental capacity: if the person who suffered the negligence lacks mental capacity to make their own decisions, there may be no time limit to making a claim on their behalf.
• Fatal cases: if you’re claiming on behalf of a deceased family member who passed away due to complications arising from anaesthetic negligence, the claim must be made within three years of the date of death, or the date of knowledge that negligent treatment caused their death.

Given the complexity of limitation periods and the potential consequences of missing these critical deadlines, we strongly recommend seeking legal advice as soon as you think you may have a claim.