Fatal surgical negligence costs the life of a patient, and those loved ones left behind may have a medical negligence compensation claim*.

Losing a loved one is hard, but to discover that their death was avoidable and that it was due to medical negligence can be impossible to accept.

Making a fatal surgical negligence compensation claim can help get financial security for those left behind who need it.

O’Brien & Company Solicitors in Dublin can make your fatal surgical negligence compensation claim.

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What is fatal surgical negligence?

Fatal surgical negligence is when a patient dies due to medical negligence during or after surgery. Surgical patients can die from a sliced artery during surgery or from a post-operative infection.

There were over 3,000 adverse incidents in the Irish health service leading to death, according to a recent five-year survey. An adverse incident causing death is another way of saying fatal medical negligence, with 550 in 2023 alone. Statistics show over 100,000 cases of medical negligence per annum, with 9% being classified as a ‘near miss’ of a serious outcome. 

Death during surgery can happen due to natural causes, but if your loved one dies because of the medical negligence by the surgeon or one of the surgical team, you may have a fatal medical negligence claim*.

O’Brien & Company Solicitors has the experience to make a fatal medical negligence claim* for compensation.

Common fatal surgical negligence claims

Fatal surgical negligence claims range from the failure to inform the patient of the risk of death to the failure to prescribe an antibiotic, leading to sepsis.

You make a fatal surgical negligence claim for the impact of the death on those left behind.

Types of claims for fatal surgical negligence:

Any retained surgical items can harm the patient and, if left in place, could lead to infection or damage to other organs. A fatal infection, such as sepsis, can kill a patient unless the source is identified and removed.

Every surgeon and surgical team must follow protocol during surgery, including counting all tools used, as well as swabs and gloves, both before and after surgery.

A retained surgical item can happen, but not noticing it is medical negligence, and it could cause the death of the patient post-surgery.

The failure to inform a patient of the risk of death during surgery can be medical negligence and could be fatal medical negligence if the patient dies during surgery.

The surgical team must inform the patient of:

  • The risks of surgery and the risk of death during the proposed surgery
  • The alternatives to the surgery
  • Enquire if the patient had any adverse reaction to anaesthetic in the past

O’Brien & Company Solicitors in Dublin can review the case details to determine whether the family has a fatal surgical negligence claim.

Any internal bleeding can put pressure on the heart, do damage to the lungs and other organs, and, if left untreated, could cause the death of a patient.

Surgical negligence could become fatal surgical negligence when:

  • A surgeon fails to check for internal bleeding
  • The patient is not monitored for the signs of internal bleeding
  • Internal bleeding is left untreated 

O’Brien & Company medical negligence solicitors in Dublin has the team in place to fight your fatal surgical negligence compensation claim.

Any failure to prescribe an antibiotic post-surgery may lead to an infection, which, if left untreated, can develop quickly into sepsis and the death of a patient.

Surgical protocol states that every surgeon must prescribe a range of antibiotics post-surgery to fight infection.

The surgical wound must also be kept clean and monitored for infection.

If a patient, who is already weakened by surgery, develops an infection, it can quickly spread and put their life in danger.

Errors during surgery should be corrected immediately, but some errors due to surgical negligence could cause the death of the patient.

Types of claims for errors causing death during surgery: 

  • Errors with anaesthesia cause the death of a patient
  • Damage to the brain during surgery leads to the death of a patient
  • Internal organ damage during surgery causes a fatal heart attack

If a surgeon and the surgical team fail to follow protocol, it can lead to the death of a patient.

O’Brien & Company Solicitors in Dublin can be at your side when claiming compensation for the impact of fatal surgical negligence on the loved ones left behind.

Who can be responsible for fatal surgical negligence?

The surgeon and the surgical team can be the ones responsible for the fatal surgical negligence involving the loss of a parent, family member or a loved one.

To prove fatal medical negligence, you must be able to show:

  • The medical professional owed the patient a duty of care
  • There was a breach of that duty of care
  • The breach of duty of care caused the death of the patient
  • Those left behind suffered losses, financial and emotional

If you can show that fatal surgical negligence was the cause of the death of your loved one, then you may have a fatal medical negligence compensation claim*.

O’Brien & Company Solicitors will explain how a fatal medical negligence claim* works and how damages form part of the compensation claim.

Compensation for fatal surgical negligence in Ireland

Compensation for fatal surgical negligence in Ireland could see you and other loved ones receiving money to cover your costs and losses. You get compensation for the pain and other effects on your life of losing a family member during surgery.

When a medical professional breaches their duty of care, they may put the life of the patient in danger. In some cases, the effects of negligence cause the death of the patient during surgery.

Fatal medical negligence compensation differs from claim to claim. Those left behind, a spouse or the dependents, could lose income to the home, suffer financial costs in the future and go through unnecessary suffering and pain.

There is not one fixed amount of compensation for fatal medical negligence, and you seek compensation for your losses, known as damages, in a fatal medical negligence claim*.

A compensation claim for medical negligence is a combination of two types of damages. 

 

What are the two types of damages in a fatal surgical negligence claim?

The two types of damages in a fatal surgical negligence claim cover the immediate effects on the lives of those left behind and the impact on their future lives.

Dependents claim damages for the pain and suffering, as well as the damages of loss of income and other financial costs, and any changes to their lives.

The damages in a fatal surgical negligence claim in Ireland are:

General damages in a fatal surgical negligence claim are compensation for the loss of companionship and care when a loved one dies during surgery.

You can also claim for the Pain and Suffering experienced due to coming to terms with the loss of a loved one and dealing with the shock of losing them due to medical negligence. 

The special damages in a fatal surgical negligence claim cover the extra costs in your life due to the effects of the medical negligence by a surgeon and the surgical team.

Special damages in a fatal surgical negligence claim are:

  • Medical costs before they pass away
  • Loss of earnings to the home
  • Financial support
  • Cost of care if the person who died was a family carer
  • Further costs, such as college fees for dependents
  • Cost of a funeral 

A fatal medical negligence claim* in Ireland seeks compensation for two types of damages arising from a medical professional’s breach of duty of care.

O’Brien & Company Solicitors will be by your side throughout the process and can advise you on what money to expect and when to settle or continue the fight.

What is the time limit for making a fatal medical claim in Ireland?

The time limit for making a fatal medical negligence claim* in Ireland is two years. Having two years may seem plenty of time, but you should always get started on the claim as soon as possible, when the evidence is clear, and you can form the claim properly.

In Irish medical negligence law, there is a Date of Knowledge clause that applies when a patient suffers due to negligence by a medical professional. The Date of Knowledge means the two-year limitation period runs from the day the negligence is diagnosed, not from the date it occurred.

Parents and guardians can make a compensation claim for the loss of a child due to fatal surgical negligence. 

O’Brien & Company medical negligence solicitors in Dublin can explain the claims process to you. 

Make a fatal surgical negligence claim today

Make a fatal surgical negligence claim today by contacting O’Brien & Company Solicitors in Dublin.

We have the experience in medical negligence and can fight the claim for the loss of a loved one during surgery until you get the compensation you deserve. 

O’Brien & Company Solicitors has an experienced legal team to handle your compensation claim and will be with you at every step of the process.

Contact O’Brien & Company medical negligence solicitors in Dublin to make your fatal surgical negligence claim today.

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Frequently Asked Questions about Fatal Surgical Claims in Ireland

A fatal surgical negligence can take just a few months, but more than likely, and this is the norm with many medical negligence claims*, it will take at least 18 months and probably longer.

The HSE will want to investigate the circumstances of the surgical negligence, which will delay the claim.

In most claims, the HSE will dispute the claims and fight the medical negligence claim* from day one.

You do not need a solicitor to make any medical negligence claim*, but the right solicitor will make the compensation claim process a lot easier for you.

The right medical negligence solicitor will know how to make the claim. They will know what evidence you need and how to present it.

A good medical negligence solicitor will also know what questions to ask you when getting an idea of your losses due to fatal surgical negligence.

No, you do not have to go to court with a fatal surgical negligence claim in Ireland. There are cases when the claim goes to court, but O’Brien & Company Solicitors will be there for you and the family.

The negligent party, usually the HSE, hopes you will back down and be intimidated by going to court.

We find that a fatal surgical negligence claim is usually settled in the days before the court case, or even on the steps of the court on the morning of the claim.

Yes, you can claim fatal surgical negligence on behalf of a family member who has been affected by the death of a loved one, but cannot make a claim themselves. 

Unfortunately, patients pass away due to fatal surgical negligence, but the family and loved ones left behind can still make a claim for medical negligence. 

Dependents who can claim for fatal surgical negligence:

  • The husband or wife of the victim 
  • The parents of the deceased
  • Grandparents of the deceased person
  • Children of the deceased
  • Adult dependents of the deceased 
  • Family members who relied on the deceased for care and financial support
  • A sister or brother 
  • A half-brother or half-sister of the deceased

You can make a fatal medical negligence claim* for your losses and also on behalf of a loved one who is unable to claim due to infirmity or other issues.

O’Brien & Company Solicitors can explain who can make a medical negligence claim* in Ireland.

Yes, you can make a claim against the HSE for medical negligence. The HSE is responsible for the care of all patients, both in hospital and as outpatients, and for any medical negligence in the treatment of your loved one.

The State Claims Agency can handle your claim for medical negligence through your solicitor.

O’Brien & Company Solicitors has the experience of working with the State Claims Agency.

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.