Can You Sue if You Wake Up During Surgery?
Accidental awareness during general anesthesia, or anesthesia awareness, is a very rare complication that results in a patient waking up during surgery. While most patients never develop anesthesia awareness, those who do are often severely traumatized by the experience.
- How Do You Prove Anesthesia Awareness Malpractice?
- How to Take Action if You Suspect Anesthesia Awareness Malpractice
- Can You Get Compensation for Being Awake During Surgery?
- What Happens if a Patient is Awake During Surgery?
- How Levin & Perconti Can Help You Pursue Anesthesia Awareness Malpractice Claims in Chicago
- Testimonials
You may have grounds to sue if you’re able to prove that an anesthesia provider’s negligence caused you to wake up during surgery and resulted in harm. The dedicated medical malpractice attorneys with Levin & Perconti can help you understand your legal options and pursue a claim for anesthesia malpractice.
How Do You Prove Anesthesia Awareness Malpractice?
Anesthesiologists owe a duty of care to their patients, meaning they’re legally obligated to meet the prevailing professional standard of care by exhibiting a certain level of competence, skill, and attentiveness in their work. Establishing a medical provider has violated their duty of care is necessary to succeed in an anesthesia malpractice claim.
To show a breach of duty, you must identify specific errors made by the anesthesiologist, such as using an incorrect dosage, ignoring a patient’s medical history or allergy information, or failing to properly monitor the patient during surgery. You must also establish a causal link between the breach and the harm you suffered, showing that you would not have woken up during surgery without the anesthesiologist’s actions.
Once you’ve proven a link between a breach of duty and your injuries, you must establish the damages sustained to recover compensation. These damages can include the cost of medical bills, lost wages, and compensation for pain, suffering, and emotional trauma resulting from the experience.
How to Take Action if You Suspect Anesthesia Awareness Malpractice
First, keep detailed notes of your post-surgical symptoms, including any pain, emotional distress, or other complications you’re experiencing. It’s important to gather any medical records relating to your surgery and treatment afterward, including anesthesia logs, details of the procedures, any consent forms you’ve signed, and other documents.
Consult an experienced medical malpractice attorney. A skilled and knowledgeable lawyer can analyze your case and explain your rights and legal options. A lawyer can also assist you with evidence gathering and build you a case with the best likelihood of success.
Each state has its own statute of limitations, often setting different deadlines for medical malpractice claims than other personal injury cases. Acting quickly after your injury gives you the best chance of meeting the filing deadline and recovering compensation.
Can You Get Compensation for Being Awake During Surgery?
Victims of anesthesia malpractice can receive compensation for the economic and non-economic damages they suffer as a result of waking up during surgery. Economic damages include medical bills, lost wages, and other direct financial harms with a specific cost.
Non-economic damages are more subjective and compensate for impacts on the victim’s mental health, well-being, and quality of life. Examples include emotional trauma, pain and suffering, and loss of enjoyment.
Our surgery malpractice attorneys can walk you through the different types of damages available to you based on the circumstances of your case.
What Happens if a Patient is Awake During Surgery?
When a patient experiences anesthesia awareness, they regain consciousness for certain amounts of time during surgery, with varying levels of clarity. The patient may be able to hear and process noises around them, but they typically cannot move or talk on their own.
Patients who wake up during surgery often report uncomfortable physical sensations. Some feel pain, others don’t. But the experience is very psychologically harmful to many, sometimes causing lasting mental trauma, recurring nightmares, depression, anxiety, or even post-traumatic stress disorder, or PTSD.
How Levin & Perconti Can Help You Pursue Anesthesia Awareness Malpractice Claims in Chicago
With over 400 years of combined legal experience, Levin & Perconti is a nationally recognized medical malpractice law firm. We have the knowledge, skills, and resources to handle your anesthesia error claim and maximize your potential recovery.
We make a full financial commitment to our clients, investing in medical experts, consultants, and whatever else is necessary to prove your claim—and we won’t charge you any fees unless we win your case.
Since 1992, we’ve recovered more than $2 billion in verdicts and settlements for our clients. Our significant surgery-related medical malpractice case results include the following:
- A $6.2 million verdict for a man left permanently disabled by a botched surgery at a VA hospital
- A $975,000 settlement for a woman who suffered permanent nerve damage after hospital staff failed to correctly position and monitor her arm during a long surgery
- A $900,000 wrongful death settlement for the family of a 37-year-old woman who died from an infection after a botched extubation required a tracheotomy
Contact us online or call (312) 332-2872 today to schedule a free consultation. Our team is available 24/7 to answer your legal questions and concerns.
Testimonials
Not only were they so professional but also so caring and thoughtful. It was very difficult going over the facts in our mother's case but they were so compassionate and understanding and allowed us to be with them every step of the way. We were able to sit in on the depositions and we were really able to see how hard they worked on our behalf.
During that time, my family and I suffered the loss of my mother. Mr. Levin and Mr. Perconti were more than just our lawyers. Words can’t really express our gratitude.
They were most patient and responded timely to many questions throughout the entire process. All demonstrated professionalism and extensive knowledge of case and state laws. Their in-depth investigative work uncovered details which were unknown to us and yet sadly confirmed our suspicions. We would recommend the Levin and Perconti Law firm and especially this team.
During that time, my family and I suffered the loss of my mother. Mr. Levin and Mr. Peconti were more than just our lawyers. Words can’t really express our gratitude. My family and I will always be grateful for the compassion that they showed us. I want to thank you for what you did for my family, and for always being there for us.
Margaret’s representation, guidance, and professionalism gave us the sense that we could put our trust in Levin & Perconti and the final outcome proved that to be true.
Legally Reviewed by
Michael F. Bonamarte, IV
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Notable Results
SETTLEMENT
child who suffered a catastrophic hypoxic-ischemic brain injury as a result of a negligent neonatal resuscitation and intubation
SETTLEMENT
for a former police officer who suffered a life-altering brain injury due to nursing staff negligence at a Chicago hospital
VERDICT
on behalf of a family whose mother died of lung cancer in 2015 as a result of a failure to diagnose
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