Undergoing surgery can be a stressful thing for any patient. Whether the procedure poses risks or not, it is something that can cause stress in any person.
Unfortunately, there are instances where a surgical procedure can go wrong. For example, you may experience wrong site surgery.
This is when an error is made while performing surgery regarding the location of the procedure. This should never happen in any healthcare setting and is a significant form of surgery negligence.
Surgical negligence is not something anyone should have to go through. However, if you or a loved one is the victim of such errors, make sure you pursue legal action.
With the help of one of our medical negligence solicitors, you can make a successful compensation claim.
At Valerie Kearins Solicitors, we offer our services in Sligo and can cater to anyone in the town or surrounding counties.
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What is a surgery negligence claim?
A surgery negligence claim is when a patient suffers medical errors during a medical procedure and seeks compensation to amend the damages.
Wrong site surgery, surgical equipment left in the body and incorrect administration of anaesthetic are all examples of different surgery negligence claims.
Damages and injuries sustained due to a surgical error may vary depending on the negligence you have experienced. However, you have the right to make a claim whenever your health care is not to a suitable standard.
Medical or surgical errors are not something any patient should have to worry about. This is why you should talk to one of our medical negligence solicitors as soon as possible.
Common wrong site surgery claims for compensation
Several factors can contribute to a surgery being performed in the wrong area. Some of the common wrong site surgery claims include the following:
Misdiagnosis claims
Concerning medical negligence, misdiagnosis is unfortunately a common claim. Misdiagnosis can result in several further complications, including wrong site surgery.
If a patient is misdiagnosed and is referred for surgery, the wrong part of the body will be operated on. Not only will this not target the actual source of the problem, but it may also result in further unnecessary surgery, pain and scarring.
In any instance of misdiagnosis, contact a medical negligence solicitor to make a claim.
Miscommunication claims
In the lead-up to your or your loved ones’ surgery, there may be some miscommunication between members of the surgical team. This can lead to the wrong information being fed to surgeons and any other medical professional involved in your procedure.
This misinformation could result in the required area of surgery being misunderstood.
If miscommunication has resulted in damages to you or your loved one, it is beneficial to make a medical negligence claim.
Emergency surgery error claims
There may be some instances in which an emergency surgery is required. Such procedures can often be rushed, with medical professionals working under time pressures.
In an emergency procedure, it is possible for wrong site surgery to occur. This may result in a personal injury for the patient.
You have the right to claim compensation should an emergency operation be performed on the wrong organ, body part or area.
Preparation error claims
All medical professionals involved in your procedure must take the necessary preparation steps. Without the correct measures, medical negligence will likely occur.
Preparation errors can lead to incorrect markings on the body, misinformation circulating through the team and incision errors by surgeons. All of which can cause severe injuries, negative impacts on the patient’s condition and even the death of the patient.
Other key steps necessary regarding preparation include checking the medical history of the patient, final checks and assessing potential risks within the operation.
Should surgical mistakes occur due to preparation errors, ensure you make a surgical negligence claim.
Compensation for wrong site surgery claim
Anyone who has suffered from such medical negligence has the right to make a wrong site surgery compensation claim.
When wrong site surgery occurs, you will have the right to make a compensation claim. The amount of compensation you will receive will depend on factors around severity and circumstance.
By speaking with one of our medical negligence solicitors, you will get a better idea of how much your compensation claim may be worth.
The valuation of your compensation will depend on both general and specific damages:
General Damages
General damages will consider the overall well-being of patients and the circumstances they have been forced to deal with. Some examples of contributing factors in general damages include:
Specific Damages
Specific damages will factor into your compensation by seeking to amend the financial losses you have experienced. Some examples of contributing factors in specific damages include:
How does a wrong site surgery claim happen?
A wrong site surgery claim should never have to be made. However, this is unfortunately a reality that must be dealt with.
Several factors could contribute to a medical professional performing surgery in the wrong area. Some examples include:
Who can be at fault for a wrong site surgery claim?
The surgeon is likely at fault for a wrong site surgery claim. However, any member of the surgical team has the potential to be liable.
For example, if a lack of preparation was the cause of your wrong site surgery, the professionals responsible for preparing the patient are liable. This could be a doctor or nurse not in the operating room.
Surgical negligence claims can be made against any medical professional who was responsible for the wrong site surgery.
How to make a claim for a wrong site surgery
Making a wrong site surgery claim is not overly complicated. With the help of one of our medical negligence solicitors, the process can be efficient and professional.
Here are the steps necessary to make medical negligence claims.
Surgical negligence
Surgical negligence is when the health care provided during a medical procedure or operation is not up to standard, resulting in damages and further injury. Following an incorrect surgical procedure, patients will have the right to make a claim.
Wrong site surgery is one example of surgical negligence. Some other examples of a surgical never event include:
How long do you have to make a claim for medical negligence?
You will have a time limit of two years following the discovery of the damages to make a claim for medical negligence. There can be exceptions to this time restraint in rare circumstances.
If someone under the age of 18 was the victim of surgical negligence, then their parents or legal guardians will be eligible to claim on their behalf. They will have until the child’s 18th birthday to make a claim.
Once the child turns 18, they will have a period of two years from their birthday to make a claim themselves.
If the person who was the victim of the surgical negligence is not of sound mind, one of their dependents has the right to claim on their behalf.
Make a claim for wrong site surgery today
Valerie Keains Solicitors has the legal expertise to help you pursue a surgical negligence claim. Our experienced team can advise and support you when taking legal action.
To begin your claim today, all you have to do is get in contact. Clients can call us at 071 91 49799 or email us at valerie@vkearinssolicitors.ie.
It is best to begin the process of your claim as soon as possible. By getting in contact today, we can start working towards justice for this unfortunate situation.