Unnecessary Surgery Claim*

An unnecessary surgery claim* is when you seek compensation for the impact of the surgical procedure on your life. Unnecessary surgery can have many effects on your life, and you can claim compensation for the damages caused.

Medical negligence is when you receive treatment from a medical professional that no other doctor, nurse or consultant would provide in similar circumstances. You can claim medical negligence compensation when a medical professional breaches their duty of care to you, causing you harm.

Current figures show surgical procedures are the highest-ranking medical negligence claim* type lodged with the State Claims Agency. At 174 new claims in 2023, surgical medical negligence claims* are being lodged at more than three cases per week. 

PBN Litigation Solicitors will make your surgical negligence claim and get you the compensation you deserve for the unnecessary surgery.

The common types of unnecessary surgery claims* in Ireland range from a failure to inform the patient of alternatives to errors in diagnosis and wrong patient surgery. You could have a medical negligence claim* if you undergo unnecessary surgery in an HSE hospital.

Unnecessary surgery could cause you further injury, have you spend a longer time in hospital and may even put your life at risk.

Some of the common unnecessary surgery claims*:

Invasive surgery, where pinhole surgery is an alternative, can happen when the surgeon does not read a patient’s notes or there is a case of not informing the patient of the options.

The patient should be told of the pinhole surgery that is an alternative to the proposed invasive surgery.

If you had to undergo invasive surgery when pinhole surgery is an alternative, you could have a medical negligence compensation claim.

Invasive surgery, when medication may be an alternative, could occur with cancer, cardiac issues and elective surgery, such as removing gallstones. Medication can often resolve a medical problem without the need for surgery. 

Types of cases where medication may be an alternative to surgery:

A medical negligence solicitor can handle your unnecessary surgery claim* when medication could have been an alternative.

Physiotherapy is often a viable alternative to orthopaedic surgery. It can resolve an issue without the need for invasive surgery and can reduce recovery time for the patient.

Orthopaedic surgery, such as for a shoulder or leg injury, can take time to heal, can involve time in the hospital, and may not be successful in some cases.

A course of physiotherapy may allow you to continue at work, to drive and avoid the need for a stay in hospital.

You could have an unnecessary surgery claim* if you are not informed of physiotherapy as an alternative.

Misdiagnosis of the need for surgery is a common medical negligence compensation claim. The consultant makes a misdiagnosis of a medical complaint and schedules unnecessary surgery.

A misdiagnosis can happen when the consultant misreads the test results, fails to order the correct tests or there are errors with the testing procedure.

If the consultant does not examine the patient thoroughly or relies only on doctor notes to make a diagnosis, then the clinical negligence of unnecessary surgery may follow.

You can make a medical negligence claim* if the consultant performs unnecessary surgery due to making a misdiagnosis of your condition.

Unnecessary surgery on the wrong patient can happen when the hospital does not have a strict surgery protocol in place in the operating theatres. Surgical staff must check and recheck all patients to ensure medical negligence does not take place.

Unnecessary surgery can also happen on the wrong patient when:

Unnecessary surgery can cause complications to your health, and you could take many months and even need further surgery to recover.

If you or a loved one undergoes unnecessary surgery, you could have a medical negligence claim* for compensation.

PBN Litigation Solicitors handle all types of medical negligence cases and will be with you through your claim for unnecessary surgery compensation.

Lack of Informed Consent in medical negligence is when the doctor, nurse or hospital consultant does not tell you of all the alternatives and possible outcomes of a proposed medical procedure.

The medical professional should tell you what every medical procedure involves and also tell you what can happen and of any viable alternatives.

If the medical professional does not inform you fully before getting your consent, it may be a case of lack of informed consent, and you may have a medical negligence claim*.

In a possible claim for surgery negligence, a lack of informed consent may be:

If you were not fully informed of all aspects of your surgery before agreeing to it, you could have a medical negligence claim* for lack of informed consent.

You could have a compensation claim for unnecessary surgery, and PBN Litigation Solicitors can handle your medical negligence claim*.

Compensation in an unnecessary medical negligence claim* in Ireland differs depending on the effects of the medical negligence and how much the patient suffers.  

You could undergo unnecessary surgery and be unable to work and even look after yourself for some time. Driving may be difficult, and looking after the kids or exercising could become impossible for a while.

The unnecessary surgery could see you having time off work, and you could even suffer the effects of PTSD from what happened to you.

There is not one fixed compensation award for an unnecessary surgery negligence claim*. You may seek compensation for the trauma and other changes to your life after the medical negligence at the hands of a surgeon or hospital consultant.

You can claim medical negligence compensation to cover the costs of medical treatment as well as the loss of income and paying for care. 

With a medical negligence claim*, you seek damages for the effect of the unnecessary surgery on you and the family today and on your future lives. 

A medical negligence solicitor can only give you an idea of what is possible in an unnecessary surgery medical negligence claim* for compensation.

PBN Litigation Solicitors can explain how the process works and how your unnecessary surgery negligence claim* will combine two types of damages.

Damages in a surgical negligence claim* are a combination of:

The two types of damages take into consideration the effects of the negligence by a surgeon or surgical team on your life today and its impact on your future.

General Damages in a surgical negligence claim* are for compensation for the pain and suffering you experience due to an injury such as a perforated bowel during an appendix surgery or when a limb is amputated in a surgical error. 

For example, you may be able to claim* General Damages for the pain from the suffering due to the perforated bowel or the unnecessary surgery you experienced in a wrong-site surgery case. 

General Damages may be claimed in any medical negligence case where the injuries cause pain and inconvenience and affect your ability to exercise, drive, play sports and other activities.  

Special Damages in a surgical negligence claim* are for the financial effects on your life due to the surgical negligence by a surgeon, surgical team or hospital, such as when you are unable to work and provide for the family when suffering due to wrong-site surgery or the effects of the poor post-operative care.

You could be off work for a time or be unable to return to similar work with the same salary. 

With Special Damages you claim* for: 

Special Damages are for the financial effects of a loss of income when recovering from surgical negligence or if you can only take lesser-paid employment in the future, such as when not being able to drive due to the loss of a limb in surgery.

You claim* Special Damages to offset the financial costs of the medical negligence so you will not be out of pocket due to the actions of others.  

Each person in a surgical negligence claim* is different from another one. The financial effects may be heavier on you than on someone in a similar situation. If you have children, you may need to claim* for their care while you recover from a serious infection you contracted in surgery or undergo rehabilitation after you lose a limb in a surgical error. 

You may claim* for what is needed to maintain a similar quality of life as before the effects of the surgery negligence on your life.  

Your PBN Litigation solicitor can guide you on what to expect in compensation and how to make your claim* for injury in a surgical negligence claim*.

Make an unnecessary surgery medical negligence claim* today by contacting PBN Litigation Solicitors in Dublin. 

The experience of PBN Litigation Solicitors in dealing with all types of medical negligence can help you get the most from a compensation claim*.

You are the one who had the unnecessary surgery when in the hospital, and on the  advice of a hospital consultant who failed to inform you fully before getting consent.

You could lose your income when you cannot work, or you may need to take a job with a lower salary than before the medical negligence. You could have a compensation claim* for any financial losses to the home.

You and other family members should not be out of pocket due to medical negligence.

Contact PBN Litigation Solicitors today and let us make your unnecessary surgery medical negligence compensation claim*.