I got offered a sum of compensation for an anaesthesia error during an operation by the HSE, should I accept it?
Without knowing the amount of compensation for an anaesthesia error during an operation that you have been offered, in addition to the nature of the medical consequences that you have suffered as a result, it will be impossible to advise you on whether or not you should accept this offer. It is recommended that you present this offer of compensation for an anaesthetic error during surgery to a medical negligence claims solicitor at the first possible moment.
After you inform them of the specific details of the error with anaesthesia that you experienced and how it has affected your quality of life as a result, your solicitor should be able to assess the amount of compensation that you have been offered. They should then be able tell you if it is sufficient for covering the extent of the medical consequences that you have suffered as result of your anaesthetic error and if you would be likely to acquire more if you pursued a claim for compensation for an anaesthesia error during an operation.
This manner of compensation for an anaesthetic error during surgery that you have been offered is also known as an unsolicited offer of compensation. The reason why you should always present such offers to a solicitor is because this kind of offer tends to be inadequate when it comes to fully compensating a victim of negligence. Furthermore, the reason why the HSE´s insurance company makes such offers is so that they will ultimately save themselves money in terms of legal fees and in the amount of compensation that they will have to pay. You should bear in mind that if you accept this offer and it turns out to be insufficient, you will not be permitted to return to the HSE´s insurers and request more.
When the value of your claim for an error with anaesthesia is being calculated by your solicitor, a number of factors will be taken into account. A base value will first be obtained from the Book of Quantum; which is a publication that contains numerous negligence injuries and how much they are worth depending on their extent and permanency. This figure will be altered when your solicitor takes into consideration your age, sex, general health prior to the anaesthetic error, the pain and suffering you endured at the time of any anaesthetic awareness and the impact it has had on your life both emotionally and financially.
What you will be compensated for will depend on the nature of the injury you have sustained. For instance, an anaesthesia error could result in nerve damage, brain damage or even psychological injury, depending on what kind of error was made. For instance, if you suffered anaesthetic awareness – when a person wakes up mid operation and can feel themselves being operated on while at the same time being unable to move or make a sound – then it is likely that there will have been some psychological repercussions, such as anxiety, depression or PTSD. If this is the case, then this will be accounted for in your claim for an error with anaesthesia and you will be compensated accordingly.
The information provided here regarding whether or not you should accept the HSE’s offer of compensation for an anaesthesia error during an operation and how such a claim would be calculated is merely general advice. It is absolutely not a substitute for specific legal advice obtained from a solicitor who has knowledge of your situation. Therefore you should ensure to contact your solicitor at the first available opportunity to discuss your potential claim for compensation for an anaesthetic error during surgery.