Anaesthetic Negligence Compensation Claims Solicitors

How much compensation can I claim for anaesthetic negligence?

The amount of compensation you could claim for anaesthetic negligence will depend on the amount of physical and psychological pain and suffering caused and the impact it has had on your ability to live your life. In simple terms, the more severe and long lasting any injury or illness is, the higher the compensation, from a few thousand pounds to more than a million in cases which require on-going care.

Compensation payments for anaesthetic error claims are made up of general damages and special damages. These are calculated in the following way:

General Damages

General damages are paid as a reflection of the pain and suffering you’ve been through as a result of an anaesthetic error, and the impact any injury caused has had on your ability to pursue things like family life, hobbies and interests. The figure will be reached using a publication called the Judicial College Guidelines. This book sets out guide amounts for a range of injuries and illnesses, including those that might be caused by anaesthetic error.

Compensation amounts included in the latest edition of the JCG include:

• Very severe brain damage – £344,150 to £493,000
• Serious injury to the kidneys – £344,150 to £493,000
• Loss of the spleen – £25,380 to £32,090

Special damages

Special damages for anaesthetic error claims are intended to compensate for the financial impact the injury has had on your life. This will include an amount for any earnings or pension provision lost through the impact on your ability to work.

In addition, special damages will be paid to compensate for any expenses generated directly by the medical negligence. These expenses might include the following:

• Any money which you have to spend on medical treatment linked to your injuries now and in the future
• Any money which you have to spend on care which is needed because of your injuries
• Any money which you have to spend on specialised equipment like mobility aids which you need because of your injuries
• Any money which has to be spent on adapting your home or vehicle as a result of your injuries
• Any money you spend travelling to and from medical appointments directly linked to your injuries
• An amount based on time your friends and family spend caring for you free of charge
• Any money you have to spend on counselling or therapy to deal with anxiety or stress caused by the anaesthetic error.

When we handle your anaesthetic error claim we’ll explain exactly what you can claim compensation for, and how to keep track of the amount you have to spend.

Can I make a no win no fee claim for anaesthetic negligence?

Yes, the medical negligence solicitors at Wolferstans handle anaesthetic negligence claims on a no win no fee basis. This means:

• You pay nothing until the case is settled
• If you win your claim we take a maximum of 25% of any compensation, and only after it has been paid
• If you lose your claim the costs of the other party are covered by insurance we take out for you

What evidence do I need to support a claim for an anaesthetic error?

The evidence to support an anaesthetic negligence claim will include, but not be limited to, the following:

• A detailed statement from you setting out the nature of the treatment you received, whether you were able to give informed consent, the harm you have suffered as a result of anaesthetic negligence and the impact this harm has had on your life, in physical and psychological terms
• Statements from any witnesses such as friends and family who can describe the impact anaesthetic negligence has had on you
• The results of a medical examination carried out by an expert of our choice, setting out the type and severity of the harm you’ve suffered and the prognosis for any future recovery
• Copies of your medical records from before and after the anaesthetic error was made, setting out your general standards of health before the medical negligence and the impact it has had on you since
• Copies of any correspondence you have had with the medical professionals responsible for the anaesthetic negligence, such as a formal complaint and the response
• Any relevant photographs of injuries suffered as a result of the anaesthetic negligence
• Details of any counselling or therapy you have accessed to cope with the psychological aftermath of the anaesthetic negligence
• Paperwork which documents the financial impact of the anaesthetic negligence, such as bank statements, wage slips from before and after and bills, invoices or receipts relating to any direct expenses

The more evidence you can bring with you when you first contact us, the faster we’ll be able to move on your claim, but even if you haven’t had a chance to gather evidence you should still contact us.

We have a strong track record of medical negligence claims and know exactly what it takes to get hold of the evidence needed to show that you’ve been let down by medical professionals.

What is the process when claiming compensation for an anaesthetic error?

We understand that making an anaesthetic negligence claim can seem like a daunting prospect, especially when you’re busy coming to terms with the harm you suffered. Our client-focussed approach is based on simplifying the process as much as possible, taking the stress away where we can by breaking it down into a series of simple steps:

Contact us for a no obligation consultation. We’ll use our experience to gauge whether you’ve been a victim of negligence, and if you have, we’ll start the process of putting a claim together on your behalf.

We’ll pull together the evidence needed to show that you’ve been let down by medical professionals and been impacted in a way which is harmful. We’ve set this evidence out in detail in the previous section.

We’ll contact the other party, whether it’s an NHS Trust or a private practitioner, and tell them that you intend to seek compensation. The strength of the evidence we present and our track record of successful medical negligence claims means that the other party will often admit liability at an early stage.

Our commitment to dispute resolution means that we manage to settle the majority of anaesthetic error claims without having to take the case to court.

Once liability has been admitted we’ll negotiate the settlement of your claim, based on our knowledge of medical negligence cases and our understanding of exactly what you’re entitled to claim for. In some cases the complex nature of your injury or illness may mean it takes longer to reach a compensation agreement.

If this happens we will apply for interim payments to cover on-going costs and reduce the stress and anxiety of your recovery process.

In a small number of cases the other party will deny liability or refuse to offer fair compensation. If this happens we’ll represent you in court, presenting the details of your anaesthetic error claim in a supportive, clear and forceful manner.

What is the time limit for making a claim for an anaesthetic error?

The law states that there is a time limit of 3 years from the anaesthetic error occurring, or from when you become aware of the harm that it has caused, after which you can no longer start an anaesthetic error claim. The exceptions to this rule include the following:

• If the person impacted by an anaesthetic error was under 18 at the time, in which case the 3 years will date from your 18th birthday to your 21st
• If the person impacted by an anaesthetic error lacks the mental capacity to make a claim on their own behalf. If this is the case the 3 years will run from the date on which you regain capacity
• If the claim is being made following the death of a loved one due to an anaesthetic error then the 3 years will run from the date of their death.

Can I make a claim for an anaesthetic error on behalf of someone else?

Yes, you can act as a ‘litigation friend’ and file a claim on behalf of some else if:

• They are under 18
• They lack the mental capacity to claim on their own behalf
• You can also make a claim on behalf of someone if they have died as a result of anaesthetic negligence

What are the most common examples of anaesthetic negligence claims?

• The wrong amount of anaesthetic was administered, with the result being that you were partly conscious during a treatment of some kind. This would cause immediate pain and distress and is likely to result in longer term psychological impacts such as post-traumatic stress
• The same thing could happen if an anaesthetist failed to monitor you throughout a procedure
• The anaesthetic in question was administered in the wrong part of your body, leading to nerve damage and other adverse reactions
• Too much anaesthetic was administered, with the result that you didn’t wake as quickly as you should have, leading to stress and a delayed recovery process
• You suffered an allergic reaction to an anaesthetic which was wrongly administered despite the allergy being flagged up on your medical notes
• The medical professionals responsible for your treatment failed to monitor your vital signs closely enough. Negligence of this kind could lead to serious issues such as cardiac arrest and hypoxia
• The side-effects of the anaesthetic were not fully explained to you, meaning you were unable to provide informed consent and suffered post-operative trauma
• The devices used to administer the anaesthetic were faulty or poorly maintained, leading to problems during a medical procedure.

These are just some of the ways in which anaesthetic negligence could impact a patient who has been let down by medical professionals. If you think this might have happened to you then please contact us to explore the possibility of seeking compensation for how you’ve been treated.

Types of anaesthesia and associated risks

Anaesthetics of different types are applied in different ways depending upon the medical procedure being undertaken. The three main types of anaesthetic are as follows:

Local Anaesthetic

Local anaesthetic numbs a specific, localised part of the body. A common example is an injection used to numb an area of the gum when a tooth needs to be extracted. An error with a local anaesthetic could involve the wrong part of the body being numbed, or not enough anaesthetic being administered to fully numb the pain of the procedure in question.

Regional Anaesthetic

Regional anaesthetic works along the same lines as local anaesthetic, but over a wider area of the body. An epidural, for example, is an anaesthetic sometimes used to numb the lower half of the body during childbirth. As with local anaesthetic, an error could involve too much or too little of the anaesthetic being administered, or the wrong part of the body being numbed.

General Anaesthetic

A general anaesthetic is used to render the patient unconscious during a medical procedure. Errors around general anaesthetic could include the patient being at least party conscious during an operation, vital signs not being administered properly or a patient being given anaesthetic to which they have an allergic reaction.

Whenever an anaesthetic is administered there are risks involved, and the patient or their representative need to be fully informed of those risks before being anaesthetised. If you feel that you weren’t given the information you should have been given regarding the possible risks of anaesthetic, or that the care you received was below standard and caused harm, then please contact us to ask about making a negligence claim.

Why legal representation is crucial in anaesthetic negligence claims

Although there is no law stating that you have to have legal representation in an anaesthetic negligence case, making a claim without expert help would be extremely risky. We have a track record of winning even the most complex medical negligence cases, gathering the evidence needed to show that professional standards weren’t met and harm was caused.

We are also committed to fighting for every penny of the compensation our anaesthetic negligence clients are entitled to, and settling the vast majority of claims without having to appear in court. We do all of this on a no win no fee basis to ensure that access to just compensation is as wide ranging as possible, and we always work in a supportive and empathetic manner.

Throughout the claims process we’re on hand to provide one to one advice and support, answering any questions you might have in clear, jargon-free language and explaining exactly how the process of claiming compensation works.

We understand that being let down by medical professionals can be hugely traumatic, and our aim is to take away the stress of proving negligence so that you can concentrate on your recovery.

We are accredited by the Law Society for Clinical Negligence, recognising our particular expertise in this area, as well as being Lexcel accredited for excellence in legal practice management and client care. Put it all together and you have a team ready and waiting to fight on your behalf, up to and including representing you in court if need be.

If you’ve been impacted by an anaesthetic error you don’t have to simply accept it and move on. Contact us today and we’ll get to work proving that you were badly let down and winning the compensation that could make all the difference when it comes to getting your life back on track.