14 May Surgical error compensation claims
Undergoing surgery is extremely stressful and is never undertaken lightly. When going under the knife, patients place their trust in the surgeon and the support team, presuming they will be competent, careful and professional. We never expect a surgical error to occur, but when it does, you may wish to make a claim.
If you do, speak to one of our personal injury solicitors in Dublin dealing with surgical error compensation claims today.
Surgical error compensation claims in Ireland
The HSE doesn’t release figures regarding how many surgical error compensation claims are made each year. However, we know they occur because individual cases often receive coverage in the national media.
Surgical error compensation claims can be made over mistakes made during:
- Pre-operative planning
- Post-operative care
Whatever stage of the surgical process the error occurs, it will most likely be very serious. Although, some patients won’t become aware of the issue until years after the operation.
What types of surgical errors can I claim compensation for?
While any surgical error caused by staff negligence entitles patients to compensation, some specific examples include:
- Instruments, swabs or other objects left inside a patient’s body after surgery
- The incorrect use of anaesthesia
- Performing surgery on the wrong body part
- Damage to organs
- Avoidable nerve injuries
- Use of contaminated surgical instruments
- Failure to obtain a patient’s consent
- Errors in treating surgical wounds post-op
Patients are always informed of the relevant risks associated with their surgery, but if an injury is sustained due to surgical error, they will still be entitled to make a claim.
What is the value of my claim?
Surgical errors often have severe consequences for patients and, because of the strict safeguards in place to prevent them, they are usually considered wholly avoidable. For these reasons, surgical error compensation claims account for some of the biggest personal injury claims in Ireland.
The value of your claim will depend on the circumstances of your individual case. Values can vary hugely based on the type of error and the impact it has had on your wellbeing.
Several factors might affect the amount of compensation you receive. These can include:
- Attributing liability and negligence
- The severity and persistence of pain and discomfort caused
- Impairment and quality of life
- Loss of income
How do I make a claim?
As surgical error compensation claims often deal with significant sums of money, it is best to contact a personal injury solicitor who has experience in this area. They will assist you in court or in reaching a settlement. Many insurance companies settle cases of surgical error out of court. Our solicitors will be able to advise you on the value of your claim.
Contact Ferrys Solicitors LLP Personal Injury and Accident Solicitors Solicitors today.