Anaesthetic Awareness Claims

We’ll always work with you to get the best outcome for you. Some complex cases can take longer if there’s more evidence we need to gather, and the fault is harder to prove. However, we’ll always work to settle your case as efficiently as possible.

We can try to get you interim payments that can help cover any expenses and support while we try to settle your claim. Any interim payments you receive will be taken off your final settlement amount.

With most medical negligence claims, you’ve three years from the date of the negligence to claim compensation. The time limits are often shorter in other countries, so if you had your operation abroad, you may have less than three years to start your claim. There are exceptions to the three-year ruling, these are for:

• Someone who lacks mental capacity – no time limits if you’re claiming on behalf of someone who lacks mental capacity.
• Children – the three-year time limit begins on their 18th birthday.

We always encourage people to contact us as soon as possible. The sooner we start your claim, the sooner you’ll get access to the support you need.

Three types of anaesthesia can either be used individually or in combination. Before your operation, you’ll meet with the anaesthetist. They’ll assess what type is best for you depending on the surgery you’re about to have.

When you have an operation, you could have:

• Local anaesthetic – used when only a small area of your body needs to be numbed. You’ll still be awake but should experience little to no pain. It’s most commonly used for minor operations or when you need to remain awake during the surgery.
• Regional anaesthetic – Similar to local anaesthetic, but this affects a larger part of the body. For example, it can be used as an epidural to numb the lower half of a mother during childbirth.
• General anaesthetic – This anaesthetic will render you unconscious and unable to move your body. You should have no awareness of what’s happening and feel no pain.

When you go in for surgery, the anaesthetist and the surgical team must make sure you’re given enough anaesthetic to last for the duration of the surgery.  It’s also their responsibility to make sure that it’s given to you properly and that you’re unconscious throughout the procedure.

If things go wrong, and you do wake up during surgery, this could be because of:

• Miscalculated or incorrectly administered doses
• Faulty equipment or delays getting the right equipment to the theatre
• Lack of supervision during surgery, meaning a drop in anaesthetic levels isn’t noticed.

Whatever the reason, anaesthetic awareness can be a very traumatic and painful experience for a patient, with long-term effects. When we take on your case, we will examine all the evidence to work out exactly why you were allowed to wake up during surgery, and what should have been done to prevent this. We will work hard to get you the answers you need and to make sure that procedures and practices are reviewed wherever possible.

Anaesthetic awareness can be a very traumatising experience. Because the anaesthetic isn’t working, many patients can feel the pain of surgery as it happens – however, they can’t notify the surgeons because of the muscle relaxants that have also been administered.

The long-term effects of anaesthetic awareness can be very serious. The pain and helplessness experienced during surgery can lead patients to develop psychological problems, including:

• Insomnia, disturbed sleep, and nightmares
• Difficulty concentrating
• Flashbacks
• Anxiety
• Depression.

It can also lead to post-traumatic stress disorder and leave patients with a fear of anaesthesia and surgery.  This can become especially dangerous to a person’s health if they avoid necessary medical procedures in the future because they're afraid of things going wrong. We can help you access the support you need to get back on track.