To wake up during surgery can be one of the most terrifying experiences a person has during their lifetime. Referred to as “anesthesia awareness,” this occurs when a patient becomes conscious during sedation. Although this does not always give rise to medical malpractice, a patient who has experienced anesthesia awareness may have a valid negligence claim in certain situations. If you woke up during a surgical procedure, it’s important to discuss your case with an experienced medical malpractice attorney who can advise you regarding your legal rights and remedies.
Anesthesia is a rare condition that only occurs in one or two out of every 1,000 cases in which a patient will wake up during surgery. A patient may hear sounds, feel pressure, or sense pain while being unable to move. Because paralytics are often used, the patient is typically unable to communicate to alert the surgical care team that they are conscious. It usually happens when the level of anesthesia is inadequate for the patient’s needs. It can also occur if the anesthesia equipment malfunctions, or in some situations, it may be due to medical negligence.
Notably, anesthesia awareness is not the same as remembering things before the anesthesia was administered and after it wears off. Anesthesia awareness is distinct from memories of pre-operative preparation or post-operative recovery because it involves conscious perception and recall of events that occurred during the actual surgical procedure itself.
Although it is not a common occurrence, people may wake up during surgery for a variety of procedures. For instance, anesthesia awareness can occur during heart surgery, a C-section, emergency surgery to treat trauma, or other procedures where giving a full dose of anesthesia could cause a dangerous drop in blood pressure. The condition occurs more commonly in patients who have heavily used opioids, alcohol, amphetamines, or other substances that can alter drug response.
Anesthesia awareness can fall into certain categories. It isn’t always caused by medical negligence. For example, anesthesia awareness is usually not considered medical malpractice in cases involving life-threatening emergency surgeries or if a patient has an unpredictable genetic resistance to anesthesia that could not be reasonably anticipated. However, if you wake up during surgery, you may have a medical malpractice claim under the following circumstances:
Ultimately, if the event was preventable and caused by a healthcare provider’s negligence, anesthesia awareness may give rise to a medical malpractice claim. Typically, a medical malpractice attorney would evaluate whether you have a valid claim by assessing your anesthesia record, surgical timeline, post-op notes, and whether neuroblockers were used. They would also look at the mental health impact on your life and the extent of your medical treatment to determine the damages you may be entitled to.
To pursue a medical malpractice claim if you wake up during surgery, you must be able to prove four elements: duty, breach, causation, and damages. In other words, you must demonstrate that the medical professional’s failure to act in accordance with the professional standard of care caused you to suffer measurable harm.
Often, the injuries associated with anesthesia awareness can include psychological trauma, post-traumatic stress disorder, depression, anxiety, and sleep disturbances. The shock and panic of waking up during a surgical procedure may also cause a dangerous spike in blood pressure, leading to cardiovascular complications. Some individuals may also develop a fear of future medical procedures or avoid seeking medical attention altogether. These lasting psychological effects can significantly impact an individual’s daily functioning and quality of life.
If you are able to prove a claim for medical malpractice, you may be eligible to receive compensation for both the economic and non-economic damages you suffered. Economic damages are reimbursement for the quantifiable monetary losses you suffered in connection with the medical provider’s negligence. Non-economic damages cover the intangible losses that are much more difficult to quantify, including the emotional trauma and loss of enjoyment of life experienced caused by the malpractice.
If you experienced anesthesia awareness and woke up during surgery, it’s essential to have a medical malpractice attorney who can evaluate whether you have a medical malpractice claim and work to ensure you receive your rightful compensation. Serving Oregon, Washington, and Idaho, the Fraser Law Firm is dedicated to helping victims of negligence and medical malpractice secure the monetary recovery they deserve. Contact the Fraser Law Firm today to schedule a free consultation and learn how we can help.
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