Anaesthetists are responsible for ensuring that patients do not feel pain during surgery and for maintaining patient safety throughout medical procedures. When mistakes occur, the consequences can be serious and, in some cases, life-changing.
If you have suffered harm as a result of problems with anaesthesia, you may be entitled to seek compensation through a medical negligence claim. At Michael Boylan Law Firm, we understand how distressing these experiences can be and we are committed to providing clear legal advice and support throughout the claims process.
Bringing a Compensation Claim
Below are examples of situations in which an anaesthetic negligence claim may arise, depending on the circumstances of the case and whether negligence can be established.
Anaesthetic Awareness
Anaesthetic awareness occurs when a patient becomes conscious during a procedure while unable to move or communicate. This can cause significant psychological injury, including anxiety or post-traumatic stress disorder (PTSD).
Incorrect Dosage of Anaesthesia
Administering too much or too little anaesthetic may result in serious injury. Overdosing can cause complications such as brain injury, while underdosing may lead to pain or awareness during surgery.
Allergic Reactions to Anaesthesia
If reasonable steps were not taken to identify known allergies or risk factors, and an avoidable allergic reaction occurred, this may give rise to a claim.
Nerve Damage
Procedures such as epidurals and spinal blocks require skill and care. In some cases, errors may result in nerve damage, leading to ongoing pain, numbness or loss of function.
Intubation Injuries
Poor technique during intubation may cause injury to teeth, vocal cords or the airway.
Failure to Monitor Vital Signs
Anaesthetists are required to monitor patients closely throughout surgery. A failure to detect or respond to changes in vital signs may result in serious harm.
Delayed or Failed Resuscitation
In emergency situations, a delay in appropriate treatment may increase the risk of severe injury.
Post-operative Complications
Some complications only become apparent after surgery, including prolonged confusion, cognitive impairment or excessive sedation.
Aspiration Pneumonia
This may occur if stomach contents enter the lungs during surgery, potentially due to inadequate airway management.
Equipment Malfunction
In some cases, injury may arise from faulty or improperly maintained anaesthetic equipment.
How to Make an Anaesthetic Negligence Claim
To bring a medical negligence claim, it is necessary to show that:
- A duty of care was owed,
- That duty was breached, and
- The breach caused your injury.
Your solicitor will usually begin by obtaining your medical records and instructing independent medical experts to assess whether the standard of care fell below what would reasonably be expected.
Our medical negligence solicitors can advise you on whether your case is likely to meet the legal threshold for a claim.
What Is the Time Limit for Bringing a Claim?
In Ireland, medical negligence claims are generally subject to a two-year limitation period (less one day). This period usually runs from:
- the date of the injury, or
- the date you first became aware that you had suffered an injury,
whichever is later.
This is governed by the Statute of Limitations 1957 (as amended). Strict time limits apply, so early legal advice is essential.
How Much Compensation Could I Receive?
Compensation depends on:
- the severity of the injury,
- the long-term impact on your life, and
- any financial losses you have incurred.
Awards are assessed on a case-by-case basis and are never guaranteed.
What Can Compensation Cover?
A successful claim may include compensation for:
General damages
- Pain and suffering
- Psychological injury
- Loss of quality of life
Special damages (financial losses)
- Medical expenses
- Loss of earnings (past and future)
- Rehabilitation and therapy costs
- Travel and accommodation
- Home adaptations
- Care and assistance
- Medication and medical equipment
In some cases, legal costs may also be recoverable, subject to the outcome of the case.
Get in Touch with Our Medical Negligence Solicitors
If you believe you may have suffered harm as a result of anaesthetic care, our team can provide confidential advice on your legal options and guide you through the next steps.
In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. This statement is made in line with Regulation 8 of the Solicitors Advertising Regulations 2019.
