Waking up during surgery is one of the more frightening experiences a patient can go through. While it’s rare, it does happen and may give rise to a valid medical malpractice claim in Las Cruces.
What Is Anesthesia Awareness?
Waking up during surgery, also called “anesthesia awareness,” occurs when a patient regains some level of consciousness during a procedure, despite being administered anesthesia intended to keep them fully unconscious.
In some cases, patients are aware of their surroundings but unable to move or speak due to paralytic medications also used during surgery.
Symptoms associated with anesthesia awareness can include:
- Hearing conversations or sounds in the operating room
- Feeling physical sensations, including pain, pressure, or the surgical incision
- An inability to alert medical staff due to paralysis from anesthesia medication
- Lasting psychological effects, including anxiety, insomnia, or symptoms consistent with post-traumatic stress disorder
Organizations like The Joint Commission characterize anesthesia awareness as a “sentinel event,” a preventable patient safety incident that results in death, permanent harm, or severe temporary harm. These events are a signal or warning that requires immediate investigation, analysis, and systemic correction to prevent future occurrences.
When Does Anesthesia Awareness Amount to Malpractice?
Not every instance of anesthesia awareness automatically qualifies as malpractice. As with any medical malpractice claim, you need to show that the anesthesiologist or care team deviated from accepted medical standards and caused harm.
Situations that may support a malpractice claim include:
- Improper dosing, such as administering too little anesthetic relative to the patient’s weight, tolerance, or the procedure being performed.
- Equipment malfunctions that go unnoticed, including a failure to properly monitor anesthesia delivery during the procedure.
- Inadequate monitoring, when staff fail to track vital signs or other indicators that could reveal a patient is regaining awareness.
- Failure to respond to warning signs, such as ignoring changes in heart rate or blood pressure that suggest inadequate sedation.
If your anesthesia injury resulted from one of these failures, you may have grounds for a medical malpractice claim. Contact our anesthesia negligence attorney in Las Cruces for legal assistance.
What Compensation May Be Available for an Anesthesia Injury?
If your claim is successful, New Mexico law allows you to pursue compensation for both the financial and personal impact of your experience.
Depending on your case, compensation may include:
- The cost of mental health treatment needed to address the psychological effects of the experience, including therapy or counseling
- Any physical harm that resulted, such as injury caused by movement during the procedure
- Pain and suffering connected to the trauma of the experience itself
- Emotional distress, including anxiety, insomnia, or symptoms consistent with post-traumatic stress disorder
- Lost wages, if the psychological impact affected your ability to work
An attorney can help you identify which categories of damages apply to your specific experience and ensure your claim reflects the full scope of what you’ve been through, not just the immediate physical harm.
Talk to an Attorney About Your Experience
Anesthesia awareness cases require careful review of anesthesia records, monitoring logs, and other evidence to determine whether your experience resulted from negligence or an unavoidable medical risk.
If you experienced anesthesia awareness during a procedure, an experienced surgical error attorney in Las Cruces can help you understand whether you may have a claim. Call Coates & Johnson for a free case review to learn more about your rights and legal options.