Local or general anesthesia is often an indispensable part of a surgery or medical procedure. Patients trust that the anesthesiologist carries out everything carefully. Still, something can go wrong with anesthesia, sometimes with serious consequences. In that case, there may be a medical error, for which the doctor or the hospital may be liable.
In this blog, we explain when an anesthesia error is legally actionable, what rights you have as a patient, and how to claim compensation.
What exactly does an anesthesiologist do?
The anesthesiologist is responsible for:
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administering anesthesia (local or general);
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monitoring your vital signs during the procedure;
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providing pain management after the operation;
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and checking risks beforehand, such as allergies or pre-existing conditions.
The assessment focuses on the care reasonably required in your circumstances, using the medical record, professional standards and the response to any complication.
When does a medical error occur in anesthesia?
Not every incident or complication during anesthesia is automatically a medical error. An error is legally culpable only if the anesthesiologist did not act as a reasonably competent and careful physician would under the same circumstances.
Examples of medical errors in anesthesia include:
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Incorrect dosage of the anesthetic.
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Incorrect intubation, resulting in oxygen deprivation.
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Insufficient monitoring of vital signs during surgery.
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Not responding promptly to complications or alarm signals.
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Insufficient preparation or medical risk assessment.
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Incorrect administration of medications (for example, mixing up syringes).
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Failure to check for allergies or prior complications.
In all these situations there may be negligence — a breach of the duty of care that leads to liability.
What are the possible consequences of an anesthesia error?
Possible adverse outcomes that may require investigation include the following. Their occurrence does not by itself establish a medical error:
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oxygen deprivation (hypoxia) resulting in brain injury;
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nerve damage due to incorrect positioning or needle technique;
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cardiac arrest or respiratory problems;
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consciousness during anesthesia (“awareness”);
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allergic shock (anaphylaxis);
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long-term cognitive complaints after anesthesia, such as concentration problems or memory loss.
When it is established that these complications are the result of culpable conduct, the patient can claim compensation.
The duty of care of the anesthesiologist and the hospital
The anesthesiologist must act in accordance with the professional standard. This means:
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careful preparation, including risk analysis;
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proper administration of anesthesia and monitoring;
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and adequate post-operative care.
The hospital may be liable for shortcomings in its organisation or as a party to the treatment agreement. Under Article 7:462 of the Dutch Civil Code, it can also be jointly responsible for a shortcoming in treatment performed there when it was not itself a party to that agreement. This does not automatically exclude the treating doctor’s liability. The care provided, contractual parties and statutory conditions must be assessed.
How can you prove that a mistake was made?
In anesthesia-related incidents, evidence is often difficult because the patient is under anesthesia and has observed little themselves. Still, you can do the following:
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Request your medical record.
It contains anesthesia reports, medication information, and observations. -
Have the record reviewed by a medical advisor.
They compare the course of events with the applicable protocols and can determine whether there are deviations. -
Gather additional information.
Think of witness statements from nurses or family members, correspondence, or complaint reports.
Read also:
👉 The medical record: access, copy and correction
👉 Causal link in medical errors: when is the doctor liable?
Compensation after a medical error during anesthesia
When liability has been established, you are entitled to compensation for both material and non-material damage.
Material damage includes among other things:
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medical expenses (treatments, medication, rehabilitation);
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loss of income due to incapacity for work;
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travel expenses to hospitals or specialists;
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assistance with housekeeping or personal care;
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costs for home modifications or assistive devices.
Non-material damage (pain and suffering) compensates for the suffering, the pain and the loss of enjoyment of life.
The amount depends on the severity of the injury, the recovery, and the impact on your daily life.
Also read:
👉 Pain and suffering damages for medical errors: what you need to know
👉 Damages in medical liability cases
What can you do after an error with sedation or anesthesia?
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Ask the doctor or hospital for an explanation.
A conversation can often provide a lot of clarity. -
File a complaint.
Every healthcare institution has a complaints procedure with a complaints officer. -
Consult a specialized personal injury lawyer.
This professional can help you assess liability, request reports, and claim compensation.
Also read:
👉 Loss of a chance in medical errors
👉 Medical error during surgery: what can you do?
Reviewing an anaesthesia claim in the Netherlands
Keep the pre-operative assessment, anaesthesia chart, medication record, recovery-room observations and discharge letter. A medical review compares preparation, monitoring and the response to complications with the standard at that time. Our lawyers and legal professionals work with MEDICA on medical questions; NIVRE-registered experts can help quantify the resulting loss. Employment and insurance questions can be addressed within the same team.
Your first assessment is free and without obligation. We seek recovery of reasonable legal costs from the liable party or their insurer. If that is not possible, we first check eligibility for Dutch subsidised legal aid (toevoeging), then whether a no-cure-no-pay arrangement is permitted and suitable. We never charge you costs without prior discussion and your approval.
Do you suspect a medical error in anesthesia?
Do you have symptoms or complications after surgery and suspect that the anesthesia was administered incorrectly?
Contact Arslan & Arslan Advocaten for a free evaluation of your case.
Our lawyers ensure that your rights are protected and that you get what you are entitled to.
Frequently Asked Questions
What should I do if I believe I suffered harm due to an anesthesia error?
If you suspect an anesthesia error caused your injury, it’s important to seek medical and legal advice promptly to document the incident and evaluate potential liability. An experienced attorney can help you understand your rights and guide you through the process of claiming compensation.
When is an anesthesia complication considered a medical error?
An anesthesia complication is considered a medical error if the anesthesiologist failed to act as a reasonably competent professional would under similar circumstances, such as administering the wrong dosage or failing to monitor vital signs properly. Not all adverse events are automatically medical errors; negligence must be established.
What types of damages can I claim if I suffer from an anesthesia-related injury?
You may be entitled to compensation for medical expenses, pain and suffering, loss of income, and long-term rehabilitation costs if the injury resulted from a culpable medical error. An attorney can help assess the extent of damages and assist with the claim process.
How can hospitals prevent anesthesia errors and protect patients?
Hospitals must adhere to strict safety protocols, maintain well-trained staff, and use properly maintained equipment to prevent anesthesia errors. Ensuring thorough risk assessments and proper monitoring also helps minimize the risk of harm during procedures.
