An anaesthetist, like all other doctors and health care professionals, is obliged to ensure that all patients are treated with due care and skill. In the event that it can be established that the anaesthetist was in breach of this duty of care as determined by peer professional opinion and injury, loss or damage was occasioned to the patient as a result then the patient can prosecute a claim for damages commensurate with the injuries sustained.
The determination of negligence on the part of an anaesthetist is made by reference to peer professional opinion. That is, expert evidence is required to establish that the failing on the part of the anaesthetist did not accord with peer professional opinion.
Also, it is necessary to establish that there is a causal connection as between the breach of duty of care and the injury, loss and damage suffered by the patient. That is, it needs to be established to the satisfaction of the court that the breach of duty of care caused or materially contributed to the injury, loss or damage suffered.
Examples of breaches of this duty by anaesthetists includes:
- failure to administer sufficient levels of anaesthesia;
- failure to correctly monitor patient during the course of an operation;
- administering excessive anaesthesia;
- failure to take a proper history from the patient prior to the administration of the anaesthetic;
- failure to identify any allergies or other complications that may arise with the administration of the
What can I claim?
In the event that a medical negligence claim is successfully prosecuted the court can award damages for:
- non-economic loss or damages for pain and suffering; past medical expenses;
- allowance of future medical treatment expenses;
- past economic loss or wage loss;
- future economic loss or wage loss or diminution in earning capacity; loss of superannuation benefits commensurate with economic loss;
- value of gratuitous or commercial assistance provided for the past and for the future;
- medical aids;
- house and/or motor vehicle modifications;
- additional costs incurred in connection with the continuing disabilities for example, additional cost of holidays due to special needs;
- legal costs.
How do I claim?
Following any such incidences you need proper legal advice and representation. Brydens Lawyers are the experts in the investigation and prosecution of medical negligence claims. Strict time limits apply so there should be no delay. Contact Brydens Lawyers today and engage one of Brydens Lawyers expert solicitors to assist in ensuring your recovery of the maximum compensation to which you are entitled. You can also Start A Claim today by clicking here.
For over 40 years now Brydens Lawyers has been operating a “No Win – No Fee” policy which, simply put, provides that if a personal injury or compensation client is unsuccessful in their claim then Brydens Lawyers will not raise a tax invoice for having act on behalf of the client. That is, if the claim is unsuccessful we do not get paid. More information about how this works can be found on our No Win – No Fee page.