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Surgery Claims

Anaesthetic Awareness Claims

Anaesthetic awareness, where a patient is conscious during surgery, can be a painful and frightening ordeal, with long-term psychological consequences.  If you’ve suffered anaesthetic awareness because of negligent medical treatment, our expert lawyers could help you make a No Win No Fee* compensation claim. 

Cases of anaesthetic awareness are relatively rare, but when they do happen, there might be a number of causes, including:

  • Incorrect dose or technique when administering anaesthetic
  • Failure to monitor patient awareness during surgery
  • Problems with equipment

The effects of anaesthetic awareness can vary, but may include:

  • Pain during surgery, which you are unable to communicate to the medical staff
  • Post-traumatic stress disorder
  • Anxiety, sleeplessness, nightmares
  • Fear of medical treatment and hospitals

If you’ve experienced any of these symptoms after suffering anaesthetic awareness, we could help you make a claim for compensation.  We have the largest medical negligence team in the country and have helped thousands of people make a claim against both the NHS and private organisations.

Call the team today on 0800 121 6567 for a free consultation or fill out our online form and we’ll get back to you.


No Win No Fee*
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The UK's largest medical negligence team

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Anaesthetic Awareness Claims - More Information
    • Can I Make A Claim On A No Win No Fee Basis?
    • Many of our cases are funded with a No Win No Fee agreement. This means that there’s no financial risk* to you when making a compensation claim.

      At the start of your case we’ll discuss funding options with you, advising you what we think is most suitable. If you have legal expenses insurance (LEI) or are covered by a trade union policy, these may be best for you. Legal expenses insurance is included in many household insurance policies, so it’s always worth checking whether you’re already covered.

      If we think you’re best supported by a No Win No Fee agreement, we’ll explain the process clearly. This involves setting up an insurance policy that will protect you, at no cost to you. You’ll only have to pay anything when your claim is successful – your opponent will pay most of our fees.

      Please visit our No Win No Fee page for more information on how it works.


    • How Long Will A Claim Take?
    • We try to make every claim run as efficiently and smoothly as possible, getting the best outcome for you as soon we can.  However, every claim is different and the time they take to settle will depend on the exact nature of your case.

      Complex cases can take longer because we need to fully understand the long term consequences of your negligent treatment before your claim can be concluded. This is to ensure we are working to get you the right amount of compensation to reflect your pain and suffering, and help you get the support you need to make the best recovery you can.

      Because claims can take some time to settle we can try and get you early compensation payments (known as ‘interim payments’) to pay for care while your claim is ongoing – though unfortunately this is only possible if the other party accepts responsibility early on in the case.


    • What compensation can I expect?
    • The amount of compensation you could receive depends on a number of factors, including the severity of your injuries and the rehabilitative treatment you need to recover, as well as your ongoing needs in the future.

      We’ll work hard to secure you compensation that reflects your: 

      • Pain and suffering
      • Loss of earnings
      • Healthcare costs
      • Rehabilitation and therapy needs
      • Expenses such as travel to and from medical appointments

      If the medical professional or organisation responsible accepts responsibility for your negligent treatment, we may be able to get you early compensation payments, known as interim payments.  This money will be taken from your final settlement and can be used to pay for ongoing therapy, care and expenses (such as travel costs).


    • Can I Make A Claim On Behalf Of Someone Else?
    • In some circumstances you might be able to make a claim on behalf of someone else, including:

      • On behalf of a child who has experienced negligent surgery before their 18th birthday
      • For someone who doesn’t have the mental capacity to handle their own case
      • On behalf of a loved one who has unfortunately passed away

      If you’ve sadly lost a loved one because of negligence during surgery, our lawyers can help you with:

      • Getting compensation for your loved one’s pain and suffering, to account for financial losses caused by the death and to cover funeral expenses
      • Representing you at inquest
      • Getting you the answers and apology you deserve from those responsible

      Our lawyers could also help you access a statutory bereavement award, which is separate to a claim for compensation in the event of a wrongful death. This is available if you’re the spouse, civil partner or parent (if they’re under 18) of the person who died.

      If a loved one has passed away as a result of hospital negligence, please call us on 0800 121 6567 for more information about making a claim.


    • What Are The Time Limits For Making A Claim?
    • In most medical negligence cases, you have three years to make a compensation claim, starting from the date your injury happened (or the date you first became aware that your injury was a result of negligence). For children, this three year period begins on their 18th birthday, so you have until you’re 21 to make a claim.

      However, it’s important to contact us as soon as possible so that we can begin to investigate your claim.  If you have questions or concerns about the time limits, please call us for free initial advice on 0800 121 6567.


    • Meet Our Experts
    • Our team of experienced medical negligence lawyers have in-depth medical knowledge which can help your case run as efficiently as possible. We know what it takes to get the best outcome for you and will always focus on your needs.

      As a full-service law firm, we can help with a number of challenges you may face because of your negligent treatment.

      Benefits
      Our Court of Protection team can advise you on what benefits you’re entitled to and can help set up personal injury trusts to ensure that your compensation isn’t taken into account when calculating what benefits you can receive.

      Employment
      We can help with any employment-related problems you might encounter relating to time off work, your ability to complete your role and sick pay.

      Planning your care
      Our client liaison managers can help you access the care and support you need in order to make the best recovery you can.

      Allocating compensation
      Having a limb amputated can mean that you have life-long care needs so our Asset Management team can make sure that you have funds available to pay for treatment throughout your life.

They were always there to answer my questions and queries when I was at my most vulnerable and they persevered to obtain the best possible result."

Lisa, client

Frequently Asked Questions

What Causes Anaesthetic Awareness?

When you go in for surgery, the anaesthetist and the surgical team must ensure you are given enough anaesthetic to last for the duration of the surgery.  It is also their responsibility to make sure that it’s given to you properly and ensure that you are 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 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’ll 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’ll work hard to get you the answers you need and to ensure that procedures and practices are reviewed wherever possible.

Call today for a free consultation on 0800 121 6567 – or use our online form and we’ll call you back.


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What Are The Effects Of Anaesthetic Awareness?

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 are afraid of things going wrong.

If you have experienced anaesthetic awareness, it’s essential you have the right care and support to help you deal with the psychological effects and enable you to make the best recovery you can.  We can help you access the support you need to get back on track.

Call us today on 0800 121 6567 for a free consultation or fill out our online form and one of the team will be in touch.


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Why Choose Irwin Mitchell For An Anaesthetic Awareness Claim?

We have the largest medical negligence team in the country, made up of some of the UK’s leading legal experts in medical claims.  We’ve helped thousands of people make claims against the NHS, GPs and private organisations, and have an excellent track record of success. 

We’ll work hard to get you not only the compensation you deserve, but also access to the rehabilitative support you need to help you make the best recovery possible.  We understand that you might be making a claim not only to secure compensation, but to get an explanation and an apology for your negligent treatment.  If you wish to make a complaint about a GP or hospital, we can provide specialist advice on the best route to take.

As a national law firm with legal specialists across almost every field, we have the expertise on hand to manage every aspect of your claim, as well as dedicated case-handlers and other experts who can give you the support you need in a number of areas.  We may be able to advise on:

  • Therapists and rehabilitation options
  • Benefits and financial support
  • Disputes over health and social care 
  • Employment issues
  • Investing your compensation

We offer a free initial consultation to discuss your case and how we could help. Most of our medical negligence claims are funded on a No Win No Fee* basis.

Call the team today on 0800 121 6567 or fill out our online form and someone will be in touch. 

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UK Chambers & Partners Leading Firm 2018 Leading Firm - Legal 500 2017

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Our support for disability sport.

We recognise how important sport can be in helping people recover from injuries.

Our Don’t Quit Do It campaign takes a look at some inspirational stories of people who used sport to overcome their injuries, including amputees. We also support LimbPower, a charity which encourages amputees to get involved in sports.

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