Anaesthetic Awareness Claims

Having any form of surgery can feel like a daunting and nerve-wracking experience. However, with an excellent NHS healthcare system and world-leading surgical teams, the UK benefits from some of the best care possible. Unfortunately, mistakes can happen, and their consequences can be devastating to the patients and their families.

Occasionally, complications with anaesthesia can lead a patient to wake up mid-surgery. This harrowing event can have a significant impact on a victim and lead to long-term psychological damage.

If you have suffered from anaesthetic awareness and it can be proven that you were conscious whilst surgery was taking place, you may be eligible to claim compensation.

If you have a valid anaesthetic awareness claim, please call 0800 470 0474 or request a call back. If your case has merit, an experienced personal injury lawyer will offer you a no win no fee* service and guide you every step of the way to ensure your claim is successful.

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By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.

Table of Contents

• What is anaesthesia?
• What is anaesthetic awareness?
• How does anaesthetic awareness happen?
• When can anaesthetic awareness or errors occur?
• How can I be sure that I was awake during surgery?
• Can I make an anaesthetic awareness claim?
• Potential anaesthetic injuries for which you could claim compensation
• How much compensation can I claim for anaesthetic awareness?
• Is there a time limit to make an anaesthetic negligence claim?
• Can I make an anaesthetic negligence compensation claim on behalf of a loved one?
• Will a medical negligence solicitor offer a No Win No Fee service?

What is anaesthesia?

Anaesthesia is a medical procedure that involves using drugs to induce a temporary loss of sensation or consciousness. That allows doctors to perform medical procedures without causing significant pain or discomfort to the patient.

There are different types of anaesthesia, and the choice depends on factors such as the type of medical procedure and the patient’s health. The three main types are:

• General anaesthesia. This type induces a state of unconsciousness and loss of sensation throughout the entire body. It is commonly used for major surgeries.
• Regional anaesthesia. It involves numbing a specific body part, such as an arm or a leg. It is often used for procedures in a particular region of the body.
• Local anaesthesia. Local anaesthesia is administered to a small, specific area of the body, often for minor procedures or dental work.

What is anaesthetic awareness?

Anaesthetic awareness is a potential complication of general anaesthesia where the patient does not experience the expected level of unconsciousness and sensation loss. Thus, they become aware of their surroundings and may even experience severe pain and discomfort while not being able to move or talk. This can be a distressing and traumatic experience with long-term consequences.

According to The British Journal of Anaesthesia, you may experience two types of memory after anaesthesia awareness:

• Explicit or conscious memory. You can remember and describe the event with or without cues or being prompted by questions. It can take several days or longer to become aware of these memories.
• Implicit memory. These are subconscious memories you are unaware of, but they can still influence your behaviour or emotions.

If you have suffered due to anaesthetic awareness negligence, an experienced solicitor can help you make a medical negligence claim.

How does anaesthetic awareness happen?

Anaesthetic awareness can occur if you do not receive enough anaesthetic to remain unconscious during surgery. Being conscious and aware during an operation can be terrifying and significantly damaging for a victim. This error typically happens when:

• The anaesthetist fails to calculate the required amount of anaesthetic and administers either too much or too little;
• There is a fault in the machinery that administers the drug, such as vaporiser malfunctions or problems with intravenous drug delivery;
• The medical staff fails to monitor the patient during surgery to detect and address any changes from the desired anaesthetic state;
• The staff has poor training, or there is an inadequate staffing level in the operating room;
• There is a lack of effective communication between members of the surgical team;
• The medical staff fail to respond promptly to signs of awareness;
• The wrong technique was used to administer the anaesthesia.

In any case, you are protected by law and entitled to claim compensation if you have been the victim of anaesthetic awareness and suffered an injury or illness as a result.

When can anaesthetic awareness or errors occur?

Anaesthetic awareness is not limited to during surgery times only. It can also happen after an operation, in the recovery room, or in intensive care when patients are sedated. Anaesthetic awareness is also known to have occurred when patients have been paralysed and intubated on life support machines.

The Royal College of Anaesthetists is the professional body responsible for establishing and maintaining standards in anaesthesia, critical care and pain medicine throughout the UK. This body offers guidelines to prevent anaesthetic awareness from occurring and how professionals should respond in the event of errors.

To have a valid anaesthetic claim, your solicitor must prove that you suffered the condition and that it was not the result of dreams, which can occur during surgery for a small percentage of people. Some patients also confuse anaesthetic awareness with when they regain consciousness and hear conversations or are aware of movements around them. With this in mind, establishing real anaesthetic awareness is a complicated process that will rely on expert medical evidence when making a successful compensation claim.

The number of people that experience some level of awareness while under anaesthetic is thought to be 1 or 2 per 1,000 people, although other surveys suggest the number is closer to 1 in 15,000. The Royal College of Anaesthetists states that open heart surgery, obstetric surgery and operations after major accidents are the procedures most likely to involve complaints of awareness.

How can I be sure that I was awake during surgery?

Some patients are immediately aware that they were awake during part of their surgery and report their concerns right away. Others take longer to realise that they were awake during an operation, and it may be days or weeks before they are sure that they have been the victim of this type of negligence.

A well-established method, known as the Brice interview, is usually employed to confirm that anaesthetic awareness has occurred. This process involved asking the patient the following questions:

• What was the last thing you remember happening before the anaesthesia?
• What was the first thing you remember happened when you woke up?
• Did you dream or have any other experiences while you were sleeping?
• What was the worst thing about your operation?
• What was the next worst thing?

The answers and responses you give to the above questions will help medical negligence solicitors establish the validity of your claim.

Can I make an anaesthetic awareness claim?

Anaesthetic awareness can be a very distressing and painful experience that can have a long-term psychological impact. If your experience was due to substandard care and an avoidable medical error, you could make an anaesthesia awareness claim. To prove medical negligence, your personal injury lawyer will have to show the following:

• A duty of care. Anaesthetists have a legal obligation to administer anaesthesia in a manner consistent with the standard of care expected in their profession. This duty includes monitoring patients closely to prevent complications, such as awareness during surgery.
• Breach of duty. A breach of duty occurs when your healthcare provider fails to meet the expected standard of care, leading to anaesthesia awareness. This breach may involve errors in drug administration, inadequate monitoring, or failure to respond appropriately to signs of distress.
• Causation. You must be able to show that the breach of duty directly led to the awareness during surgery. Your solicitor will consult with medical specialists to establish a clear link between the clinical negligence and your experience.
• Damages. To make a successful anaesthetic negligence claim, you need proof of the harm you suffered due to the breach of duty. This may include physical and psychological injuries and financial losses.

If you can establish all of the above, you will likely be in a position to make a successful claim against the NHS or the private healthcare provider responsible for the negligence.

Potential anaesthetic injuries for which you could claim compensation

Besides anaesthetic awareness, you could suffer several other injuries due to anaesthesia negligence. You may be able to make a claim for compensation if you experienced any of the following:

• Allergic reactions to anaesthesia drugs, leading to complications such as difficulty breathing, swelling, or anaphylaxis;
• Nerve and organ damage, particularly in vulnerable individuals or those with pre-existing health conditions;
• Cardiac complications such as arrhythmia, low blood pressure and heart failure;
• Brain injuries and stroke due to reduced oxygen supply, a drop in blood pressure, or adverse reactions to the anaesthetic drug;
• You may also claim on behalf of a loved one who passed away due to errors in calculating or administering the anaesthetic.

The risks associated with local anaesthetics are lower than those with general anaesthetics, but these can also result in various health complications. Some of the most common problems that are presented to us by clients include:

• Headaches
• Blurred vision
• Spasms in muscles
• Seizures
• Cardiac problems

If you have been the victim of any anaesthesia-related error and the results have harmed your life, call 0800 470 0474 to discuss how an experienced injury lawyer can help you start an anaesthetic claim.

How much compensation can I claim for anaesthetic awareness?

The amount of compensation awarded to you will depend on the negative impact of the anaesthesia awareness on your life. Your solicitor will ensure that all the losses you incurred due to medical negligence are included in your claim, and you will receive the maximum award possible. Each personal injury claim encompasses two types of damages:

General damages cover the pain and suffering caused by the anaesthetic negligence, whether physical or psychological. Some of the typical results and suffering inflicted on victims of this type of error include:

• Pain and distress during surgery
• Stress and anxiety
• Lack of confidence in future medical treatment
• Post-traumatic stress disorder (PTSD)
• Flashbacks
• Sleeplessness and recurring nightmares
• Fear of hospitals and medical treatments

According to the Judicial College guidelines, you could receive between £3,950 and £100,670 for PTSD, depending on its severity and impact on your daily life.

Special damages cover the financial losses experienced due to the anaesthetic injuries, such as

• Lost wages from inability to work due to psychological damage
• Cost of counselling and therapy
• Prescriptions and other medical bills
• Costs of care and assistance with daily tasks

Your solicitor will be skilled in assessing all areas of suffering and loss to secure you the highest anaesthetic awareness compensation award possible. They will work closely alongside you to support you with empathy and patience throughout your claim to ensure that accessing the compensation owed to you is as smooth as possible.

Is there a time limit to make an anaesthetic negligence claim?

The time limit to make an anaesthetic negligence claim is usually three years under the Limitation Act 1980. This time limit will start from the date of negligence or when you became aware of the anaesthetic injuries. If you miss the deadline, your case will be statute-barred, and the court will no longer accept it. That’s why you should always start legal proceedings as soon as possible to ensure your solicitor has plenty of time to build your case.

There are a few exceptions to this rule:

• For child injury claims, the limitation date only begins on their 18th birthday, after which they will have until turning 21 to start a claim. A parent or legal guardian could represent a minor at any time.
• If the injured person lacks the capacity to start a claim, the time limit is put on hold, and a litigation friend could represent them anytime. That could be due to PTSD or another condition, such as Alzheimer’s disease or Down syndrome.
• If you suffered from medical negligence abroad, the time limit to make a claim will differ from country to country and may be much shorter than three years.

Can I make an anaesthetic negligence compensation claim on behalf of a loved one?

Yes, you could make an anaesthetic awareness claim for a loved one. To do so, you would have to apply to the court to be appointed as their litigation friend. Your solicitor will help you fill out and file all the requested documents so that you can obtain compensation for your loved one.

You could act as a litigation friend on behalf of a child under 18 or an adult who lacks mental capacity due to anaesthetic injuries or a pre-existing condition such as a brain injury. The claims process is similar to any other personal injury case, and you will have various responsibilities, such as:

• Sign legal documents;
• Instruct solicitors and take legal advice;
• Pay any fees requested by the court;
• Make decisions about the case;
• Consider any settlement offers from the defendant;
• Act in the claimant’s best interests.

If you secure anaesthetic awareness compensation for a child, a judge will have to approve the payment. They will examine the evidence to determine whether the settlement is fair during an infant approval hearing. The money awarded will usually be kept in a court bank account and released to the child on their 18th birthday.

Will a medical negligence solicitor offer a No Win No Fee service?

If your anaesthesia awareness claim has merit, your lawyer will offer you a 100% no win no fee agreement. That means you do not have to pay any upfront legal fees and will not lose a single penny if your case fails. This is also due to the After the Event (ATE) insurance included in your agreement, which will cover all your costs and disbursements if you lose, including the defendant’s.

In a no win no fee claim, you only pay anything if your medical negligence case is successful. The deductions include:

• The cost of the ATE premium, which will depend on the specifics of your case;
• A success fee is paid to your solicitor for winning the case. This fee is capped at 25% of your compensation award, which will be disclosed to you from the outset, so you always know how much you must pay your solicitor.

The solicitors we work with will offer you an initial free consultation where they will assess your case and answer any questions you might have. To set up your free case assessment, please enter your details into our online contact form, and a legal adviser will contact you as soon as possible. Alternatively, you can call free on 0800 470 0474 to discuss your claim.