Can I claim compensation from the NHS for an anaesthetic mistake?
It is the duty of an anaesthetist to keep the patient safe when administering anaesthetic and while the patient is under its effects. Where the anaesthetic is administered incorrectly or the anaesthetist fails to correctly monitor the patient, it may give rise to a medical negligence claim for compensation from the NHS for an anaesthetic mistake.
Anaesthesia plays an important role in surgical procedures as it enables medical practitioners to reduce and remove the pain that would otherwise be felt by the patient. The more complex the surgery, the stronger the anaesthetic that will be administered.
There are three main types of anaesthesia, these are:
- Local anaesthesia – which is used to numb a specific area of the body to reduce pain and is commonly used for minor procedures where the patient remains conscious. Local anaesthesia is commonly used during wisdom tooth and cataract removals, for example.
- Regional Anaesthesia – is used when a larger area of a patient’s body needs to be numbed. For this reason, regional anaesthesia will usually be administered to major nerves or the spinal cord, this is the case during epidural and spinal anaesthetics. Epidural anaesthetic is usually used during childbirth or if a caesarean section is required, while spinal anaesthetic can be used for surgery from the waist down, such as knee and hip replacements.
- General anaesthetic – is commonly used during major surgical procedures and results in the patient becoming unconscious so that they do not move or feel pain throughout the surgery. The level of general anaesthetic administered to a patient is monitored by the anaesthetist throughout the procedure.
The anaesthetist will usually meet with the patient before the operation for a preoperative assessment where they will discuss the types of anaesthetic that are suitable, the risks involved, and how to manage pain control after the procedure.
An anaesthetic mistake leading to a medical negligence claim can occur where:
- There are issues with the dosage of anaesthetic.
- The patient is unconscious for too long.
- The anaesthetist fails to accurately monitor the patient.
- Failure by the anaesthetist to fully explain the risks of anaesthesia to the patient.
- Failure by the anaesthetist to identify whether the patient has had any previous problems with anaesthetic.
- Failure to correctly respond to complications related to the anaesthetic during the procedure.
Anaesthetic negligence can have a variety of consequences for the patient, including:
- Anaesthetic awareness – This occurs when anaesthetic is administered incorrectly, resulting in the patient waking up during the surgery. This can result in the patient feeling physical pain as well as experiencing psychological trauma.
- Nerve damage – This can occur where anaesthetic is incorrectly administered to the spinal cord or where nerves are damaged by needles used to deliver the anaesthetic.
- Brain damage – This may occur where there are issues with intubation during the procedure, which results in a lack of oxygen to the brain or where the patient is anaesthetised for too long. This is one of the most serious consequences of anaesthetic negligence.
How we can help you
If you have suffered from an anaesthetic mistake then please call our free helpline on 0333 888 0412 or email brief details of your case to [email protected]. We will investigate your case free of charge and provide details of No Win, No Fee funding.