Anaesthetic Compensation Claims
Being given an anaesthetic, whether it be general or local, may seem like a fairly innocuous task. However, mistakes in this area can be very dangerous and, in some cases, can cause serious injury and illness. Anaesthetists are trained to a very high standard and generally deliver excellent care. Nonetheless, mistakes do sometimes happen. An incorrect dosage of anaesthetic can lead to problems such as brain damage and nerve damage.
At P. As Duffy & Co Solicitors, we represent patients who believe they have suffered harm or injury due to errors related to anaesthesia during a medical procedure in Ireland and Northern Ireland. Our medical negligence team is experienced, understanding and sympathetic and will work tirelessly on your behalf to secure the compensation you are owed for what has happened.
To have a valid anaesthetic compensation claim, the patient must demonstrate that the healthcare provider or medical team responsible for administering anaesthesia deviated from the accepted standard of care and that this deviation directly led to harm or injury. This harm can range from physical injuries to emotional distress and psychological trauma.
How do I claim compensation?
Anaesthetic complications can result in serious injuries, and if you believe you have suffered harm due to medical negligence during anaesthesia, you may be entitled to compensation, you are advised to speak to a solicitor as soon as possible.
If you ask us to represent you, we will start by taking the event's details and assessing what has happened and who is responsible. We will assemble evidence supporting your claim and contact the relevant health trust to advise them of the claim.
We will ask our medical experts to carry out examinations and write a report about the injuries you have suffered. This will form the basis of your case.
If the other side admits liability, we will negotiate with them to agree on the amount of compensation to be paid to you. Where they deny liability or the amount of compensation offered is not sufficient, your case will go to court. We will ensure that you have our support throughout and that you are represented by an expert medical negligence advocate.
What will I receive compensation for in a claim?
In an anaesthetic compensation claim, the compensation you receive will typically cover various types of damages and losses you have suffered as a result of medical negligence during anaesthesia. The specific elements of compensation can vary depending on the circumstances of your case and the severity of your injuries. Here are some common types of compensation you may receive in an anaesthetic negligence claim:
General Damages - for pain, suffering, and loss of amenity (the impact on your quality of life).
Special Damages (Economic Loss) - for specific financial losses you have incurred due to the anaesthesia-related negligence. They may include medical expenses, loss of earnings, travel expenses, care and assistance and adaptations to your home.
Loss of Future Earnings - if your injuries have a long-term or permanent impact on your ability to work and earn a living.
Rehabilitation Costs - such as physical therapy, occupational therapy, and psychological counselling, necessary for your recovery.
Other Financial Losses - such as the cost of medical equipment or home adaptations.
Punitive Damages (Rare) - in exceptional cases involving extreme negligence or misconduct, the court may award punitive damages as a way to punish the healthcare provider or institution responsible.
How much compensation will I receive for myself?
The amount of compensation you receive will depend on various factors, including the severity of your injuries, the impact on your life, and the financial losses you have incurred.
If you speak to us about your case, we will be able to give you an initial idea of the range of compensation that is generally awarded for the type of injury you have sustained.
How can I finance a compensation claim?
We know that funding an anaesthetic compensation claim might be a worry, so we offer a range of options. These include:
Legal expenses cover
After the Event insurance (ATE insurance)
What is the time limit for bringing a claim?
For an adult, there is a three-year time limit for bringing a medical negligence claim in the UK and a two-year time limit for the Republic of Ireland. This is known as the limitation period. It runs either from the date of the negligent incident or the date that you became aware of the injury you suffered.
In the case of a child, the three-year (UK) and two-year (ROI) time limit runs from the date of their 18th birthday.
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