Surgery requires complete trust between a patient and their medical team. Most people expect to remain entirely unconscious, shielded from any awareness or pain during the operation. However, when anesthesia fails and a patient wakes up during the procedure, the experience can be terrifying.
If this has happened to you or someone close to you, it may qualify for an anesthesia awareness lawsuit. At Poulos & Cavazos, LLP, we focus solely on medical malpractice cases in New Mexico. With a medical doctor and nurse working alongside our trial lawyers, we can assess whether your experience resulted from medical negligence.
Key Takeaways
- Waking up during surgery—known as anesthesia awareness—may indicate medical negligence if anesthesia was not properly administered, monitored, or adjusted.
- Patients may experience pain, paralysis, memory of the procedure, or long-term psychological trauma following anesthesia awareness.
- You may be able to sue if an anesthesiologist, nurse anesthetist, or surgical team failed to follow proper monitoring protocols.
- Poulos & Cavazos investigates anesthesia errors, surgical monitoring failures, and deviations from accepted medical standards to determine if malpractice occurred.
What Is Anesthesia Awareness?
Anesthesia awareness occurs when a person becomes conscious during surgery after receiving general anesthesia. It can cause extreme fear, pain, and helplessness because the drugs that paralyze the body prevent movement or speech, leaving the patient unable to alert anyone.
The American Society of Anesthesiologists reports that awareness under general anesthesia happens in roughly 1 to 2 out of every 1,000 surgeries. While this may sound rare, the emotional consequences can be long-lasting. Many patients develop post-traumatic stress disorder, nightmares, or anxiety about future procedures.
Not every instance of awareness results from negligence, but waking up under anesthesia malpractice may exist when an anesthesiologist, nurse anesthetist, or hospital staff member fails to meet accepted medical standards.
What Causes a Patient to Wake Up During Surgery?
Anesthesia awareness can occur for several reasons, ranging from medical complications to preventable human mistakes. During general anesthesia, medications induce unconsciousness, block pain, and relax muscles. If the dose or balance of these drugs is disrupted, the patient may regain awareness while still unable to move or speak.
Some common and preventable causes include:
- Insufficient dosage—which can result from miscalculating weight, tolerance, or drug interaction;
- Equipment malfunction—such as broken infusion pumps, faulty vaporizers, or disconnected monitors;
- Inadequate monitoring—when the anesthesia provider fails to track vital signs or brain activity that indicate wakefulness;
- Inexperience or distraction—especially if the anesthesia professional is managing multiple patients simultaneously; and
- Communication breakdowns—critical information between the anesthesia and surgical teams is missed.
In some procedures, particularly emergency operations or trauma cases, anesthesiologists may intentionally use lighter anesthesia to protect heart or lung function. However, even in those situations, the provider must closely monitor the patient’s condition and inform them beforehand of the increased risk.
When a provider fails to explain those risks, uses improper dosages, or neglects monitoring responsibilities, the patient may have grounds for an anesthesia error claim under New Mexico law.
When Does Anesthesia Awareness Become Malpractice?
Under New Mexico law, medical professionals must provide care consistent with the standards expected of reasonably skilled providers in the same situation. When they fail to meet that standard and harm results, victims may have a malpractice claim.
A successful anesthesia awareness lawsuit must establish four legal elements:
- Duty of care—the anesthesia team was responsible for providing safe, competent care;
- Breach—the team failed to meet the accepted standard;
- Causation—the breach directly caused physical or emotional harm; and
- Damages—the patient suffered measurable losses, such as pain, trauma, or medical expenses.
Before filing a lawsuit, every claim must go before the New Mexico Medical Review Commission. This panel of physicians and attorneys reviews the evidence to determine whether negligence likely occurred.
At Poulos & Cavazos, our attorneys, doctor, and nurse review each claim to ensure that every medical and legal issue is thoroughly investigated before submission.
What Evidence Can Support an Anesthesia Error Claim?
Building a strong malpractice case requires detailed medical and factual evidence showing how the error occurred and why it caused harm. Since anesthesia procedures involve complex systems and real-time decision-making, small details often make a significant difference in identifying negligence.
To establish anesthesia negligence in New Mexico, the following evidence is often significant:
- Anesthesia charts and medication records—outlining dosages, timing, and patient responses throughout the operation;
- Operating room documentation—including notes on staffing, communication, and events leading up to and following the incident;
- Monitoring data—such as heart rate, oxygen levels, and blood pressure trends, which can show moments of consciousness;
- Expert medical opinions—from anesthesiologists or pharmacologists who can identify errors in technique or decision-making;
- Witness statements—from nurses, surgical techs, or family members informed after the fact about what occurred; and
- Patient accounts—detailing sensations, sounds, or awareness experienced during the procedure and the emotional effects afterward.
At Poulos & Cavazos, a lawyer, a doctor, and a nurse work together to analyze each claim. This collaboration ensures the medical and legal aspects of the evidence are thoroughly reviewed, helping clients understand not only what went wrong but why it happened.
What Compensation Is Available?
The impact of anesthesia awareness can extend well beyond the surgery itself. Victims may suffer psychological trauma, ongoing pain, or fear of future medical care.
A successful anesthesia awareness lawsuit may result in compensation for:
- Medical expenses,
- Future healthcare needs,
- Lost wages,
- Pain and suffering,
- Loss of enjoyment of life, and
- Wrongful death damages.
Our firm works with economic and mental health experts to calculate damages that reflect the full cost of the harm caused.
How Poulos & Cavazos Investigates Anesthesia Negligence
Proving anesthesia negligence in New Mexico requires understanding medical science and legal standards. At Poulos & Cavazos, our team includes a practicing physician who evaluates each case alongside our lawyers and nurse consultant.
We take a comprehensive approach that includes:
- Reviewing hospital and anesthesia records for inconsistencies,
- Consulting with anesthesiologists and pharmacology experts,
- Preparing evidence for submission to the Medical Review Commission, and
- Filing suit if the Commission finds probable cause for negligence.
There are never upfront fees. We only get paid if we recover compensation for you.
Take the Next Step Toward Clarity and Accountability
Waking up during surgery is more than a medical event; it is an emotional trauma that deserves acknowledgment and answers. No one should have to question whether their suffering could have been avoided.
At Poulos & Cavazos, LLP, we combine more than 50 years of collective legal experience with firsthand medical insight. Our attorneys, doctor, and nurse work side by side to uncover what went wrong and advocate for safer patient care across New Mexico.
If you believe you or a loved one experienced awareness under anesthesia, we can help you find the truth. Call us at 575-523-4444 or contact us online to schedule a free consultation and learn your options for moving forward.
Waking Up During Surgery — Frequently Asked Questions
1. What does it mean to wake up during surgery?
2. Is waking up during surgery always considered medical malpractice?
3. What causes anesthesia awareness?
4. What symptoms or signs suggest I woke up during surgery?
5. Can waking up during surgery cause long-term damage?
6. Who is responsible when anesthesia awareness occurs?
7. Can I sue if I woke up during surgery?
8. What compensation can I recover in a malpractice claim for waking up during surgery?
9. What evidence is needed to prove anesthesia malpractice?
10. How do I get help or a free consultation?
Victor Poulos, JD
For more than two decades, Victor Poulos has devoted his practice exclusively to representing patients and families harmed by medical negligence. He has handled complex medical malpractice cases involving hospitals, surgeons, anesthesiologists, and other healthcare providers, and has taken hundreds of depositions of physicians, nurses, and hospital staff across nearly every medical specialty. Mr. Poulos has successfully tried high-stakes malpractice cases to verdict and is known for his meticulous case preparation and relentless advocacy on behalf of injured patients.
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