ANAESTHETIC AWARENESS COMPENSATION
Patients who are not fully unconscious during an operation and may have felt discomfort and distress during the process are said to have suffered from 'anaesthetic awareness' which can be a horrific experience in the most severe cases. One in every hundred people who undergo an operation in the UK has anaesthetic awareness and 10 percent of these patients feel intense pain and discomfort. Many of these incidents arise as a result of medical negligence by the anaesthetist which may be grounds for a personal injury compensation claim.
COMPENSATION HELPLINE 0845 177 0929
Responsibilities of the Anaesthetist
The anaesthetist is responsible for checking a patient's medical history, checking that all equipment is functioning correctly, that syringes are labelled correctly and contain the correct drugs. If any of these criteria are not met then it is possible that anaesthetic awareness may occur and a compensation claim against the medical institution for pain and distress will most likely be successful.
COMPENSATION HELPLINE 0845 177 0929
Nightmare Scenario
Anaesthetic awareness is the stuff of nightmares which is what some of the victims often have to put up with. Not only can there be intense pain during the operation, there can be far reaching chronic psychological implications, with feelings of disaster, panic and suicidal tendencies. In cases where mothers have anaesthetic awareness during a caesarean section, they often resent their baby for the pain and suffering thereby precluding them from the natural desire for more children.
COMPENSATION HELPLINE 0845 177 0929
Medical Negligence Claim
If you had anaesthetic awareness during an operation you will need to discuss the possibility of making a medical negligence compensation claim against the anaesthetist and hospital or clinic with a specialist solicitor. Psychological injury can last a lifetime and it is your legal right to receive compensation for the pain and anguish that you have experienced.
COMPENSATION HELPLINE 0845 177 0929
Awards of Compensation
In the UK a medical negligence claim is intended to compensate a person who has been injured as a result of negligent treatment by a health care provider that has caused personal injury, pain and suffering and consequential losses. Negligence is often not entirely obvious and requires consideration, review and analysis by specialists. In order to succeed in a medical negligence compensation claim for anaesthetic awareness it is necessary to show that :-
- the health care provider owed a duty of care to the patient
- the duty of care was breached
- the patient suffered harm
- the patient's injury was caused by the breach of duty
COMPENSATION HELPLINE 0845 177 0929
The Duty of Care
In a medical negligence case it is usually not difficult to establish a duty of care which exists once a doctor-patient relationship has been established. Even after the duty of care is proven and it has been shown that the health care provider breached that duty of care by failing to meet the requisite standard of care it will not be possible to recover compensation unless the claimant suffered injuries that were as a direct result of the breach of that duty of care.
COMPENSATION HELPLINE 0845 177 0929
Clinical Negligence Expert
The first step in pursuing a medical negligence compensation claim for anaesthetic awareness involves obtaining and reviewing medical records and other pertinent information by a solicitor and by a specialist medical consultant to determine whether or not the health care professional failed to meet the appropriate standard of care. If it is determined that there is case worth pursuing then written notice of the claim is given to the individuals or entities that are believed to have been responsible.