I had to undergo a heart surgery and during the surgery the anaesthesiologist gave me a lesser dose of anaesthetic. My friend who is also a nurse and was inside the operation theatre during my procedure told me that they found out and quickly corrected the dosage in time and no harm was done. The procedure went smoothly and my heart condition was corrected. I however have started stressing about what could have happened if the anaesthesiologist had not picked up on his mistake in time. Can I sue for a near-miss?
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Shamaila Khan, Kingsville 3012 VIC
- No. Near misses will generally not attract a claim for compensation as it does not satisfy the ‘harm’ or ‘damage’ element of the claim.
- Mere stress or anxiety due to the near-miss will not be enough to constitute mental harm.