General anaesthetic is given in medical situations where it’s safer for a patient to be unconscious, particularly in cases where emergency surgery is required.
Damages of £75,000 Awarded to Man Who Suffered PTSD After Being Awake During Invasive Abdominal Surgery
But for one of Sonia Parkes’ recent clients, multiple failings in the administration of general anaesthesia led to him being awake throughout invasive surgery to treat a necrotic stoma.
This has led to him developing severe post-traumatic stress disorder (PTSD) which has affected every aspect of his life. When the claim settled in 2020, five years after the incident, he was still having regular flashbacks, intrusive anxiety, sleep issues, depression and avoidance behaviour. Following several sessions of Cognitive Behavioural Therapy (CBT) and Eye Movement Desensitisation and Reprocessing (EMDR), it was expert medical opinion that the Claimant’s PTSD may possibly be difficult to treat long-term.
The incident occurred in August 2015 where the claimant, then aged 67, needed an emergency procedure at the Defendant Trust, to fix the blood supply to his stoma which had arisen due to complications from previous surgery.
He was put to sleep with general anaesthetic but was awake throughout the operation. He recalls feeling extreme pain and pressure in his abdomen and specifically remembers the surgeon’s voice. But as he was paralysed, he couldn’t shout or scream and so his consciousness went undetected.
He sought the help of Medical Solicitors to bring a clinical negligence claim against the Defendant Trust.
It was alleged there were various failings in the Claimants’ care during surgery, particularly a substandard disregard for the importance of monitoring and assuring the depth of anaesthesia.
Anaesthesia is an inexact science and there is no standard dose of drugs, but there will usually be three elements: a hypnotic to keep a patient unconscious; an analgesic for pain control; and a muscle relaxant which leaves the patient temporarily paralysed.
In the claimant’s case, the Defendant Trust failed to record the concentration of an inhaled anaesthetic and gave an unusual dose of a sedative which supported the claim that the anaesthetic was insufficient. They also gave an abnormally large dose of a muscle relaxant without first deepening the anaesthetic or providing opioids or further sedatives. The claimant was then transferred to the ICU while he was still paralysed.
The Defendant admitted the breaches but stipulated the Claimant had to prove his psychiatric injury. They originally made a Part 36 Offer of £28,000. However, after the Claimant underwent further assessment and treatment, the offer was increased to £75,000 which was accepted in November 2020.
