Surgical Errors Claims

There are many forms of surgical errors which can result in adverse consequences for the patient. Surgeons, anaesthetists, doctors, and other medical professionals owe you, as a patient, a duty of care and where there is a breach or an error, this may be negligence.

Some types of claims that arise include:

Errors and misdiagnosis can mean that you or a loved one undergoes surgery unnecessarily. You may endure the pain and discomfort of surgery that is not appropriate for your condition or does not alleviate your original condition.

Surgery may be carried out on the wrong site of the body or on the wrong side of the body. Errors and miscommunication can occur. Wrong site or wrong side surgery should be a ‘never event’ but it does occasionally occur.

Errors or a lack of expertise can result in errors made during a surgical procedure which can cause damage to internal organs, internal bleeding, or nerve damage, for example. 

Some forms of surgery require specific aftercare procedures to be followed and this may not occur or be carried out incorrectly.

Objects such as surgical instruments, sutures, and dressings etc. can be left inside the body following surgery. This can be apparent early on or may take time to come to light and can cause additional distress and pain for the patient.

Errors in the administration of an anaesthetic may leave a patient with lasting damage. Anaesthetic awareness occurs where the patient can feel the pain of surgery during the procedure.

No surgery or medical procedure is without risk but medical professionals should act to identify and minimise risk of infection and post surgical infection should be diagnosed promptly for the best outcome for the patient.

Infection or sepsis can occur some time after surgery and can be due to medical negligence or errors in aftercare.

Delayed diagnosis, where a correct diagnosis of the patient’s medical condition is not made in a timely manner, and misdiagnosis, where the patient’s diagnosis is incorrectly diagnosed can occur which mean that surgery is incorrectly or inappropriately carried out.

Failure to check medical records or interpret test results such as MRIs, blood test results, or x-rays can all cause errors and complications in surgery which can have severe consequences for the patient.

If you have had surgery where the result was not what you expected, or where an error or omission meant that something went wrong or where the experienced negligence or substandard care you experienced has caused you harm, then you should seek the advice of a medical negligence solicitor as soon as possible.

If the victim of a surgical error is under 18, then a parent or guardian may make a claim on their behalf. Alternatively, on reaching the age of 18, the child can make a claim on their own behalf.

If you have had surgery that has gone wrong or made your medical condition worse, you may have experienced medical negligence and you are entitled to pursue a claim for compensation for your pain and suffering, as well as the physical, psychological, and financial effects of the surgical error.

It is best to seek the advice of an experienced medical negligence solicitor who can guide you through the complex process of making a medical negligence action. Valerie Kearins Solicitor can give you specialist legal advice and will assess your claim and gather evidence on your behalf.

Your solicitor will obtain your medical records and seek an independent medical expert report in order to establish whether negligence has occurred and to build a strong case.

If negligence has occurred in your case, your solicitor will begin Court Proceedings against the medical professional or hospital. However, only a small percentage of medical negligence cases go to court as most are settled before this stage.

Your solicitor will advise you in this regard depending on several factors such as the extent of your injury and the impact that it has had on your health and quality of life, as well as your ability to work and any medical or other expenses that you have incurred.

An award of compensation may consist of:

The statute of limitation is the time limit to make a surgical errors claim. In most cases, the time limit is two years from the date of the surgery.

The two year time limit may also apply to the date of knowledge that the surgical error or medical negligence led to your illness or injury.

There are exceptions to this time limit in the case of children under 18 and in those who lack capacity and your solicitor will advise you of the applicable Statute of Limitations in this case.

If you have had surgical care that was below the expected standard and which has caused you pain and suffering or additional illness or injury talk to Valerie Kearins Solicitor, based in Sligo, today.

We understand that you have had a stressful experience and that substandard medical treatment can have a huge impact on your health in the short and longer term, as well as an effect on your mental health, ability to work and finances.

You can discuss your case with a specialist, experienced medical negligence and personal injury solicitor who will advise you with empathy, sensitivity and discretion throughout the claims process. We will assess your case and, if you may be entitled to compensation, we will advise you on how best to move forward with your claim.

Contact us by completing out online form, by phone or email us and we will endeavour to respond promptly to your query.