Man wakes up mid operation because of inadequate anaesthetic

During the night following the operation Mr R woke up several times in a sweat, reliving the trauma of the pain and experience of the operation. Thereafter he continued to experience psychological symptoms including regular flashbacks and nighttime waking, anxiety low mood and a fear of hospitals. Mr R's GP felt that he may be suffering from post-traumatic stress disorder and recommended counselling. Mr R underwent some counselling sessions and fortunately made a good recovery.

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Mr R originally instructed Solicitors appointed by his own insurers but his case was rejected on the basis of insufficient prospects of success. Mr R therefore sought a second opinion and instructed Moosa-Duke Solicitors.

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Moosa Duke Solicitors investigated the case and found that there had been a  failure on the part of the anaesthetist to adequately explain the risks and benefits associated with both local and general anaesthetic, to enable Mr R to make an informed decision as to which anaesthetic to choose for his operation on 27.08.19. There had been inadequate dialogue with Mr R and insufficient time given to Mr R to consider his choices and, in particular, Mr R was not warned of the possibility of the spinal block wearing off during the procedure. It was Mr R’s case that had he been fully informed of the risks and benefits of both local and general anaesthetic; he would have decided to have a general anaesthetic for his operation. He would have attached significance to the risk of the anaesthetic wearing off during the surgery and therefore informed consent was not obtained.

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Defendant Trust admitted a failure to provide an option of general anaesthesia and following negotiations damages were agreed.