Surgical Negligence Claims
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When a patient sustains a personal injury as a result of the negligent acts of a medical professional, the impact is usually life-changing. In 2022, the Irish Times highlighted that €374 million was paid out in clinical claims by the State Claims Agency, with €85 million going towards legal fees alone. These figures reveal just how serious surgical errors can be, affecting both individuals and the healthcare system as a whole.
If you’ve been harmed due to surgical negligence, you may be entitled to compensation. At Michael Kelleher Solicitors we’re committed to helping you through the challenges of making a surgical negligence claim. Our experienced team is here to ensure you receive the compensation you deserve and to hold those at fault accountable.
What Constitutes Surgical Negligence?
Surgical negligence is when a healthcare professional fails to provide the expected standard of care during a surgical procedure or perform a negligent surgery, resulting in harm or injury to the patient. This occurs when the actions or inactions of the medical staff fall below what is reasonably expected in the medical field.
Call 01-6144565 today for expert advice on the next steps.
In What Circumstances Might I Be Able to Bring a Surgical Negligence Claim?
You might be able to bring a claim for surgical negligence in the following circumstances:
- Surgery performed without informed consent.
- Incorrect surgical procedure performed.
- Surgery on the wrong site or organ.
- Retained surgical instruments or materials post-surgery.
- Failure to diagnose or treat a surgical complication.
- Inadequate post-operative care leading to complications.
- Infections due to poor hygiene or sterilisation.
- Anesthesia errors causing harm.
- Failure to refer to a specialist when needed.
- Misdiagnosis leading to unnecessary surgery.
How to Prove Surgical Negligence
Proving surgical negligence involves demonstrating that a healthcare provider failed to meet the standard of care expected during a surgical procedure, leading to harm or injury. If your compensation claim is successful, you will receive compensation. To establish a successful claim, you need to prove these elements:
Breach of Duty
The existence of a duty of care will determine whether your case will succeed or not. When surgical negligence solicitors assess your case, the first thing that they do is to ensure that the surgeon owed you such a duty. If there is no proof of this duty, your claim for surgical negligence may fail, no matter how good your medical negligence solicitors are. In a claim for surgical negligence compensation, the solicitor must also prove that this duty was breached. This involves demonstrating that the actions or omissions of the surgeon fell below the accepted standard of care that a competent professional would have provided in similar circumstances.
Causation
To secure compensation for surgical errors, you must establish a direct link between the breach of duty and the harm suffered. This means showing that the surgeon’s negligence was the actual cause of the injury, not some other factor. You could do that by showing that they made a surgical decision that could have been avoided and you suffered as a result.
Injury or Damage
To have a valid claim, there must be evidence of actual harm or injury due to the negligence. This could include physical injuries, additional medical complications, or the need for further surgeries. Medical records, expert testimony, and other documentation are crucial in substantiating the extent and impact of the injury.
Independent Medical Testimony
Independent expert testimony often plays a vital role in surgical negligence cases. Medical experts can provide an independent assessment of whether the care provided met the standard expected and whether any deviations from this standard directly caused the patient’s injury.
Informed Consent
Obtaining informed consent is a fundamental aspect of any medical procedure. Patients must be fully informed of the risks, benefits, and alternatives associated with a procedure to make an educated decision about their care.
Proving a lack of informed consent requires demonstrating that the patient would have likely declined the procedure if they had been fully informed of the risks compared to the benefits. While most medical procedures are necessary, elective surgeries, such as cosmetic procedures, bring the issue of informed consent to the forefront. Patients may argue they would have refused an elective surgery if they had been aware of potential long-term complications.
In clinically necessary procedures, proving a lack of informed consent is difficult unless the risks were significant and not adequately disclosed. Independent reviews may assess whether the surgery’s potential complications were justified by the anticipated benefits.
Frequently Asked Questions
In urgent situations, doctors might rely on family members to give consent based on what’s in your best interests. But in non-emergencies, they’ll usually try to follow any legal guidelines to respect your wishes and rights as much as possible in order to avoid personal injury and medical negligence claims.
Hospitals and surgeons can minimise the risk of injury by:
- Ensuring thorough patient assessments and medical histories are conducted.
- Obtaining informed consent by clearly explaining risks and benefits to patients.
- Following established clinical guidelines and protocols.
- Maintaining high standards of hygiene and sterilisation.
- Providing ongoing training and development for surgical teams.
- Implementing effective communication between all healthcare professionals involved.
- Monitoring patients closely before, during, and after surgery.
- Utilising advanced technology and equipment for precise surgical procedures.
- Conducting regular audits and reviews to improve patient safety practices.
At Michael Kelleher Solicitors our surgical negligence claims solicitors are committed to making the process as straightforward as possible. We offer clear advice on potential costs upfront and explore funding options that suit your needs, including “no win, no fee” arrangements, to help you access justice without financial stress.
The time it takes to resolve a medical negligence claim depends on several factors, including the complexity of the case and the willingness of both parties to reach a settlement. On average, it takes about 1,462 days, or roughly four years, to settle a medical negligence claim in Ireland. While this may seem like a long time, our dedicated negligence team at Michael Kelleher Solicitors works diligently to keep things moving smoothly, focusing on building a strong case and negotiating effectively on your behalf.
Contact Our Medical Negligence Solicitors to Make a Surgical Negligence Claim
If you’ve experienced surgical negligence, we at Michael Kelleher Solicitors are here to help. Our expert medical negligence solicitors are ready to guide you through every step of the claims process. We have a proven track record of success and are committed to fighting for the compensation you deserve. Contact our specialist negligence solicitors today to discuss your case.
Call us today to discuss your options.
If you are dealing with a legal issue, our solicitors will be happy to speak with you about your options You can contact us by phone on 01-6144565 or call to visit us at 149 James’s Street, Dublin 8. Telephone: 01 614 465 Email: info@mks.ie