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.
What our clients say about us
We have over 1,200 reviews and an overall five-star rating on the independent legal review website, ReviewSolicitors.
Here is just a short selection of some of the reviews that our clients have left for our clinical negligence team:
Maddy Lawrence
“With the premature death of our eldest daughter, as it turned out, by clinical negligence, we were facing a very difficult journey both in proving fault and keeping heart and soul together. That we were able to, in terms of the fault element, was down to our professional legal team. They provided clear, calm and compassionate advice which got us through a horrendous inquest and subsequent legal maneuverers. They, in short, were magnificent and we are extremely grateful that we had them on our side.”
Great firm!
“I had an experience with Oliver Thorne who was nothing but helpful with settling my claim. He was very patient and professional as well as making sure I was happy and content throughout the whole process! Would highly recommend him if you’re looking for a solicitor!”
Compassionate, thorough, and outstanding legal support thus far
”Jade was incredibly friendly, taking the time to ask all the right questions and thoroughly investigate our case. Unlike previous solicitors, who dismissed us, Jade and the team at Slee Blackwell delved deeper and gave us renewed hope. We are extremely grateful for the dedication and professionalism in fighting for us. I would recommend Slee Blackwell to anyone in need of legal assistance.”
Mesh claim
“I cannot thank the team enough there understanding and empathy and the knowledge is outstanding. Caroline has been supportive every step of the way, she has informed me and kept me updated how the claim has progressed she has also had great understanding around my mental health and the physical damage I have occurred. I cannot thank the team enough. The team made this experience easier for me to deal with my emotional distress and pain.”
Thank you
“On behalf of all of us, we would like to thank you for your guidance, professionalism, humanity and kindness you have shown us all throughout this process. You have explained everything to us in clear and concise terms throughout and we are extremely grateful. We would have no hesitation recommending you and using your services in future. Thank you.”
Exceptional Service
“I have received expert advice throughout my case, the attention to detail is second to none. Their professional outlook and relatability means that I always recommend the firm. When I was unclear of any information or possible outcomes they took the time to speak with me on a personal level, confirming our conversation through email, I feel supported and understood and most of all they are empathetic, something that is often missing from large firms.”
Friendly, professional, knowledgeable.
“Oliver assisted me in the aftermath of my father’s sudden death in hospital. He helped me to draught my initial letter of complaint to the health authority, represented me and my mother at the inquest and ultimately succeeded in bringing a successful claim. I always felt I could approach Oliver with any questions and he would explain the legal processes in an understandable way. I would not hesitate to recommend him should anyone find themselves in a similar unfortunate position.”
Excellent solicitor
“I cannot recommend this firm highly enough and especially Caroline who is professional approachable and thorough, she works tirelessly and is a real credit to the firm, you are not made to feel like just a number as with other firms, it’s a pleasure to have such an excellent solicitor to represent you when you have gone through so much she is so understanding and knowledgeable.”