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.

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
  • Miscommunication claims
  • Emergency surgery error claims
  • Preparation error claims

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.

Contact Valerie Kearins Solicitors Today

At Valerie Kearins Solicitors – we specialise in many different aspects of the law to provide our clients with the best professional support and advice.

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:

  • Mental distress
  • Loss of amenity
  • Pain and suffering
  • Psychological injuries
  • Decreases in life expectancy
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:

  • Medical appointment costs
  • Further surgery costs
  • Loss of income/future income
  • Care costs/future care costs
  • Travel costs

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:

  • Working under a time limit
  • Miscommunication
  • Misinformation
  • Incorrect marking of surgical site
  • Rushed preparation
  • Being mistaken for the wrong patient
  • Changes in procedure due to physical deformities

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.

Contact Valerie Kearins Solicitors Today

At Valerie Kearins Solicitors – we specialise in many different aspects of the law to provide our clients with the best professional support and advice.

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.

Your surgical negligence claim will begin once you get in contact with one of our legal representatives at Valerie Kearins Solicitors. Our team will guide and advise you through each step of your medical negligence claim.

When it comes to surgical negligence claims, the more evidence you have for the case the stronger it will be. Helpful pieces of evidence for medical negligence cases include medical records, third-party reports and other relevant documentation.

Your solicitor will help you to gather credible and beneficial evidence.

In the third step, your medical negligence solicitor will begin to assess how much your compensation claim may be worth. Following a settled decision, a formal submission of the claim will occur.

If the negligent party accepts the claim, no further steps are required.

Court proceedings will only begin if the guilty party rejects your claim.

The vast majority of such cases do not require this step. It is understood that only 3% of medical negligence cases go to court.

If this step is necessary, your solicitor will begin the process by filing the appropriate court papers.

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:

  • Delayed surgery
  • Foreign objects left in the body
  • Damage to organs/patient’s body
  • Subarachnoid haemorrhage
  • Anaesthetic negligence
  • Misdiagnosis
  • Late diagnosis

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.

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