Claim for Anaesthesia Error that leaves a Patient Awake during Operation
Can I make a claim for claim for anaesthesia error that leaves patient awake during operation if it has left me unable to sleep due to nightmares and anxiety?
You may be able to claim for anaesthesia error that leaves patient awake during operation, also known as “anaesthetic awareness”. This occurs when the anaesthetic has not worked correctly on the patient, perhaps due to an error made on the part on one of the medical professionals involved. It can cause a patient to regain consciousness during an operation, being put in a position where they can experience pain and are fully aware of being operated and are also unable to move or speak. It can be a frightening and traumatising experience, the insomnia and night terrors you have experienced are a common repercussion for people who experience anaesthetic awareness.
It is advisable that you contact a personal injury claims solicitor with experience in patient claims for anaesthesia error at the first possible moment. It is likely that you are suffering from post-traumatic stress disorder so the thought of pursuing a claim for being awake during operation compensation may be overwhelming. By beginning the claims process as soon as possible your solicitor will be able to put your mind at ease and begin gathering evidence in order to establish who was negligent and responsible for your anaesthetic awareness.
To establish negligence, your solicitor will contact the medical professionals involved in your operation, obtain the relevant medical notes from your operation and then contact an independent medical expert who will examine these. The medical professional will use these notes to determine whether or not what you experienced was preventable and if it would have happened if another competent medical professional had been involved. If negligence can be determined, your solicitor will send a letter of claim to initiate awake during operation compensation to the hospital involved in your ordeal.
When your compensation settlement for a patient claim for anaesthesia error is being calculated it will be based on a variety of factors such as your age, sex and general state of health prior to anaesthetic awareness, the pain and suffering you experienced during the procedure and the affect it has had on your quality of life. If the anxiety you have been experiencing has affected how you take part in daily life, this will be accounted for in the area of personal injury claim known as “loss of amenity”.
Loss of Amenity is a legal term that relates to how an injury, physical or psychological, may have affected your ability to derive the same enjoyment from life as you did before the injury was sustained. The non-financial changes you have had to make to your life, for instance with your career or social activities, will be taken into consideration. To evaluate how much the anaesthetic error has affected your life, your solicitor will try to establish how you were before the operation and will compare and contrast to the way you are now.
This general overview of your eligibility for making a claim for anaesthesia error that leaves patient awake during operation, it is no alternative to speaking with a personal injury claims solicitor at the first possible moment.