Anaesthesia Error Claims

How do I start to make anaesthesia error claims for compensation if I was still awake during a general procedure?


Proving that you were “awake” during a procedure is the most difficult aspect of anaesthesia error claims for compensation. As you were probably immobile due to the anaesthetic, you could not have indicated to anybody that you were feeling the sensations of pain as you were being operated on, and therefore none of the medical team present in the theatre would be able to support a claim for anaesthesia error compensation.

Therefore, in order to initiate anaesthesia error compensation claims, you should speak with a medical negligence solicitor. A solicitor would access your relevant medical records with your permission and have them reviewed by a surgical expert who would establish that your anaesthetic awareness was the result of a poor professional performance by the anaesthetist.

There are a series of procedures which anaesthetists have to perform before you even arrive in the operating theatre – one of the most important being to consider any existing health conditions you may have that would influence how much anaesthetic you should be given during a general procedure. If the anaesthetist has failed to identify any special monitoring needs that were present or monitor the depth of anaesthesia during your procedure, he or she has been negligent in their duty of care towards you and is liable for the pain and suffering you experienced.

Once negligence has been established, your solicitor will construct the strongest possible claim for anaesthesia error compensation which will be presented directly to the negligent anaesthetist. The Injuries Board Ireland do not assess anaesthesia error claims even when medical negligence has been established, as how much compensation for an anaesthesia error you will be entitled to will be subject to medical opinion rather than tangible evidence.

Furthermore, as anaesthetic awareness frequently results in Post Traumatic Stress Disorder, you may be entitled to include compensation for emotional trauma in your claim for an anaesthesia error – something which will be determined by a psychiatric evaluation – and any long term psychological injuries you sustain as a result of the anaesthetic´s negligence.

Reliving anaesthesia awareness is not a pleasant task, but it is something you should discuss with a medical negligence solicitor at the earliest possible opportunity. Although you have two years from the date of your operation in which to make anaesthesia error claims for compensation, the research into the anaesthetist´s errors and evaluation of how they have affected you emotionally may take a considerable amount of time to conclude.