Medical negligence can unfortunately occur to any Irish person. This can even include the likes of surgical negligence. 

When surgical negligence occurs, there is no telling how damaging these consequences can be. This is why it is the medical professional’s duty to avoid such mistakes at all costs. 

In the unfortunate event of you or your loved one being the victim of negligent surgery, make sure you contact O’Brien and Associates Solicitors. As one of the leading law firms in Dublin, our medical negligence solicitors are here to help and can guide you to make a compensation claim.

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Table of Content

What is surgical negligence?

Surgical negligence is when a healthcare professional performs inadequate treatment during a medical procedure. Any surgical error experienced by a patient can be considered medical negligence. 

This form of medical negligence can include mistakes and insufficient care before, during and after surgical procedures. 

This can also include receiving unnecessary surgery. 

If you have suffered from surgical errors, you have the right to make a medical negligence claim. 

For any queries regarding how to make surgical error claims, speak to a member of our team today.

Common surgical negligence claims

  • Foreign objects left in the body claims
  • Wrong-site surgery claims
  • Post-surgery negligence claims
  • Anaesthesia error claims
  • Sterilisation error claims
  • Unnecessary pain and scarring claims

Foreign objects left in the body claims

Whilst performing surgery, there are a series of mistakes that a surgeon or medical professional can make. One of these mistakes can include leaving surgical instruments inside a patient. 

Such a mistake can lead to health complications among the affected patient, as well as potentially requiring additional surgery.

Wrong-site surgery claims

Errors can be made by the medical team resulting in surgery being conducted on the wrong site of the body. This usually occurs during unorganised emergency surgery, due to miscommunication or due to improper preparation. 

Consequences of wrong-site surgery may include unnecessary pain, scarring and further surgery.

Post-surgery negligence claims

You can experience medical negligence even following a surgical procedure. Following surgery, poor aftercare drug prescription could result in health complications for the patient. 

Other examples of how a healthcare centre could demonstrate post-surgery medical negligence could be sending you home too early when the patient’s body has not recovered enough.

Anaesthesia error claims

Should a medical professional make an error regarding the administration of anaesthetic, this constitutes surgical negligence. 

Results of errors related to aesthetic negligence include the patient suffering unnecessarily and surgical complications.

Sterilisation error claims

Failed sterilisation procedures could result in serious health complications and can be performed by any member of the surgical team. 

A lack of sterilisation can result in infection, meaning the patient will require further medical treatment. To make surgery claims regarding sterilisation, speak to our team today.

Unnecessary pain and scarring claims

It may be the case where a medical practitioner causes their patient unnecessary pain and scarring due to their mistakes. Medical errors that can result in such circumstances include incorrect site surgery, anaesthesia negligence and poor preparation. 

Should you suffer any unnecessary surgery, pain or scarring speak to our medical negligence solicitors today.

Are You Eligible For Compensation?

If you want to obtain compensation for the negligence you have suffered contact us today.

Compensation for surgical negligence claims

Compensation for general surgery medical negligence will differ in each circumstance and case. For an accurate estimation of how much you may receive from your claim, speak to a legal expert today. 

Anyone who has suffered any kind of negligent surgery has the right to make a claim. In the event of medical negligence there are 2 types of damages that can be compensated for:

General damages regarding surgery negligence can include the likes of the following: 

  • Loss of amenity 
  • Reduction in life expectancy 
  • Scarring 
  • Mental distress 

General damages can include any elements of overall suffering you have endured due to the medical accidents suffered. These are damages that do not have a monetary value attached to them.

Specific damages regarding surgery negligence can include the likes of: 

  • Medical costs
  • Care costs 
  • Travel fees 
  • Loss of income 

Any out-of-pocket expenses you face due to the surgery negligence you have experienced can be compensated for following a successful claim. 

If you are under the age of 18, you can also claim for both general and specific damages.

Who is at fault for surgical negligence?

Any healthcare professional whose actions contributed towards the surgical negligence can be considered responsible for the occurrence. 

This can include the likes of surgeons, doctors and nurses.

How to make a surgical negligence claim

You can make a claim for surgical negligence by following these steps:

Reach out to our team of legal experts to get the process of your claim started. From the start, we can help to provide you with clarity and guidance towards a successful claim.

Once your solicitor is familiar with your circumstances, they will begin to create and format your claim. 

This will largely consist of gathering and presenting evidence regarding your case. This may include the likes of medical records and independent third-party opinions.

Once your solicitor is satisfied with the claim, they will formally submit it to the defendant. They will then either accept or reject the claim. 

When a defendant accepts the claim immediately, the process of administering your compensation can begin quickly. 

If the defendant rejects the claim, then your solicitor will determine whether it is plausible to pursue court proceedings. If they feel your case has enough evidence and substance to be successful in court, they will recommend this step.

It is unlikely that any healthcare negligence claim will result in court proceedings. However, if it does, our team is experienced in such proceedings and will aim to make your claim a successful one.

Fatal surgical negligence claims

Fatal surgical negligence claims are when you seek compensation on behalf of a loved one following their passing due to the improper surgery performed. 

Dependants of the deceased will have the right to make a fatal surgical negligence claim. 

When making a fatal negligence claim, you can claim for both general and specific damages.

Need Advice? Speak With An Expert.

If you are a victim of medical negligence, obtaining the advice of a professional and experienced solicitor is in your best interests.

How long do you have to make a surgical negligence claim?

You will have a legal time limit of two years to make a claim. This time frame will begin once you become aware of the negligence that occurred. 

Anyone under the age of 18’s parents will have until their 18th birthday to claim on their behalf. Once they reach their 18th birthday, they will have two more years to claim. 

If a person is not of sound mind to make a claim for themselves, a dependant can make it on their behalf.

Make a surgical negligence claim today

No one should ever have to undergo medical treatment and anticipate significant errors. This is why it is crucial you make a claim following such negligence. 

By making a surgical negligence claim, you can be compensated for the unfortunate and impactful circumstances you have endured. This compensation can prove effective when it comes to getting you and your family back in the right place. 

Our team of experts is here to help. Get in contact with us today and we can work towards a better situation with you. 

Contact us now
in confidence.

O’Brien & Company Solicitors has a wealth of experience and a history of success in personal injury and medical negligence cases.

We pride ourselves on achieving the best results for our clients whilst at the same time making everything as straightforward and clear for you as possible.