A surgical negligence claim* is when you seek compensation for the errors in the professional treatment you receive before, during and after surgery. You expect a duty of care when undergoing surgery, and to suffer a breach of that duty of care could be surgical negligence. 

You could have a surgical negligence compensation claim* if you suffer delays in having surgery, the surgeon makes an error during a surgical procedure, or the post-surgery care is below an acceptable level. 

Medical negligence is medical care below what any other medical professional would provide in similar circumstances. You could have a medical negligence compensation claim* if you suffer while under the care of any medical professional. 

PBN Litigation Solicitors in Dublin have the expertise and that vital experience in all types of medical negligence claims*. We will be with you throughout the process of your surgical negligence claim* to get you the compensation you deserve.

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What is surgical negligence?

Surgical negligence is medical treatment by a surgeon, surgical team or hospital administration below that which any other medical professional would provide in similar circumstances. 

The surgeon, surgical team and hospital administration owe the patient a duty of care. It could be surgical negligence when they breach that duty of care, and you may have a surgical negligence compensation claim*. 

Cases of surgical negligence are on the rise in Ireland. Since 2017, there have been more than 63 cases of wrong-site surgery in Ireland, such as the removal of a healthy kidney by mistake. Read more here. 

There were more than 106,900 cases of adverse medical events in Ireland in 2022 and 550 deaths due to medical errors. These cases include instances of surgical negligence, and any case of surgical negligence can affect your life today and in the future. Read more here. 

Surgical negligence cases in Ireland can be:

  • Wrong-site surgery claim
  • Wrong patient surgery claim
  • Delays in having surgery claim
  • Errors in post-surgery care claim
  • Damage to other organs during surgery claim
  • Errors in cosmetic surgery claim
  • Leaving surgical instruments inside the patient claim

PBN Litigation Solicitors can look at the errors in your surgical care and see if it constitutes surgical negligence.

Start your medical negligence case today by contacting PBN solicitors.

Common surgical negligence claims* in Ireland

Common surgical negligence claims* in Ireland range from wrong-site surgery to errors when performing surgery and delays when due to have necessary surgery. Any type of surgical negligence can affect your life, and you may have a surgical negligence claim* for compensation. 

A surgical negligence claim* for compensation will seek the compensation you deserve after a breach in the duty of care by the surgeon or one of their team. 

Common surgical negligence claims* in Ireland:

  • Wrong-site surgery on a patient
  • Wrong surgery type on a patient
  • Failure to get informed consent before surgery
  • Damage to nearby organs during routine surgery
  • Delays in carrying out necessary surgery
  • Errors in post-surgery care

Wrong-site surgery on a patient

Wrong-site surgery on a patient can be when the surgeon operates on the left arm instead of the right one or the right hip instead of the left hip during replacement surgery. 

Wrong-site surgery on a patient can happen when:

  • Surgery team makes an error in reading the patient’s notes
  • The surgery team marks the wrong place on the body for surgery
  • The surgery team preps the wrong patient for surgery

Wrong site surgery can be:

  • Removing a healthy kidney
  • Operating on the wrong knee during replacement surgery
  • Beginning stomach surgery when it should be bowel surgery

You may have a surgical negligence claim* if you experience wrong-site surgery. 

Wrong surgery type on a patient

Wrong surgery type on a patient may happen if the patient is scheduled for exploratory surgery but undergoes full surgery, such as a bowel removal instead of taking a tissue sample. 

Wrong surgery type can happen when:

  • The surgeon does not read the patient’s notes
  • The surgery team presents the wrong patient for surgery
  • The patient requests one type of surgery but receives another type

Wrong type surgery can be:

  • Performing open surgery when the patient requested keyhole surgery
  • Removing the gall bladder when the instruction was to do exploratory surgery
  • Removing the whole arm during surgery instead of a partial removal

The wrong surgery type can be very stressful and dangerous for a patient, and you may have a surgical negligence claim* if it happens to you.

Damage to nearby organs during routine surgery

The damage to nearby organs during routine surgery often results in the patient needing further surgery and can have an effect on the patient for life. The surgeon must be aware of the dangers during surgery and avoid damage to nearby organs. 

Damage to nearby organs can happen if:

  • The surgeon is not fully trained for a specific type of surgery
  • The surgeon is unfit for surgery due to illness or stress
  • The surgeon does not pay full attention during surgery

Damage to nearby organs during surgery can be:

  • Perforated bowel during an appendix operation
  • A nick to the spleen during a gallbladder removal
  • Damage to the eyes during nasal surgery

You could have a surgical negligence claim* for compensation if you suffer damage to another organ due to negligent surgery.

Delays in carrying out necessary surgery

Delays in carrying out necessary surgery can cause infection and long-term pain and may allow a cancer to spread in the body. Surgical procedures should be carried out in a timely manner, and the patient should not experience unnecessary delays. 

Delays in carrying out necessary surgery can happen if:

  • A hospital consultant fails to refer you for surgery
  • The hospital administration fails to schedule you for surgery
  • The hospital does not roster enough professionals for surgery

The effects of a delay in carrying out surgery can be:

  • You will need a more invasive type of surgery in the future
  • Patient suffers undue pain and discomfort
  • A cancer or other disease may spread in the body

There are many effects of a delay in surgery, and you may have a claim* for compensation if you suffer surgical negligence.

Errors in post-surgery care

Errors in post-surgery care leading to claims* of surgical negligence range from poor infection management to failure to administer prescribed medications. Post-surgery care is as important as pre-surgery care, and the surgical team should follow all protocols. 

Errors in post-surgery care can happen:

  • If a surgeon forgets to prescribe the required medication
  • Fully trained staff are not employed in the post-surgery care and recovery unit
  • Hygiene standards are not followed in the surgical unit

The effects of errors in post-surgery care can be:

  • The patient suffering from infection due to poor standards of hygiene
  • A patient suffering high levels of pain due to a failure to give medication
  • Infection to the wound due to the lack of fully trained staff

If you suffer an error in post-surgery care, you could need a longer stay in hospital, may need to undergo further surgery, and your life may be in danger from a severe infection. 

The surgeon, surgical team and hospital owe every patient a duty of care when they are due surgery. If they breach that duty of care and you suffer surgical negligence, you may have a medical negligence claim* for compensation. 

PBN Litigation Solicitors can make your claim* for surgical negligence today and seek to get you the compensation you deserve.

Surgical negligence compensation

Surgical negligence compensation awards in Ireland differ depending on the injury or injuries you suffer due to the type of surgical negligence. You may need care for life if surgical errors cause a life-changing, catastrophic injury, such as the removal of a limb in error, and you can claim* for the effects today and in the future.  

There is not one fixed compensation award for any medical negligence claim*, and this is very true with surgical negligence claims*. Medical negligence solicitors can only give you an idea of what is possible when you suffer an injury during surgery and what you can claim* for its effects on you. 

Every compensation claim* is different. You may suffer a surgical error, such as damage to the bowel, which could cause you severe pain and affect your ability to work, travel, and provide for your family. 

With your surgical negligence claim*, you seek damages for the effect of the injury or injuries due to medical negligence on you today and your future life. 

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

Damages in a surgical negligence claim*

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

  • General Damages in a Surgical Negligence Claim*
  • Special Damages in a Surgical Negligence Claim*

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*

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*

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: 

  • The loss of earnings
  • Care costs today and in the future
  • Out-of-pocket expenses such as travel, medical appointments, and further treatment

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*.

Start your medical negligence case today by contacting PBN solicitors.

Who is eligible for compensation for surgical negligence in Ireland?

You may be eligible for compensation for surgical negligence in Ireland when the surgeon or surgical team breach their duty of care to you. 

You are the injured party, and if the medical professional’s negligence could be the cause of your injury, you can claim* for the effects of the injury on your life today and in the future. 

The compensation for surgical negligence will help you get your life back on track and ensure you are not out of pocket due to the medical negligence by a surgeon, surgical team, or hospital. 

PBN Litigation Solicitors can make your claim* when you may be eligible for surgical negligence compensation.

Can I claim* on behalf of a loved one for surgical negligence in Ireland?

Yes, you may claim* on behalf of a loved one for surgical negligence. The financial dependents of a loved one who suffered due to the surgical negligence can make a claim* for compensation in the case of their death or mental or physical incapacity to make the claim*.  

Persons who can claim* compensation for surgical negligence in Ireland can be:

  • The spouse of the victim of surgical negligence
  • An adult dependent of the person who suffered the surgical negligence
  • Family members who relied on the patient who suffered the surgical negligence for care and financial support

Dependents may be able to claim* the cost of personal care for life, adaptations to the home and any ongoing medical treatments and therapy due to the surgical negligence suffered by a loved one. 

PBN Litigation Solicitors can help with your claim* from day one. We can advise you who is eligible for compensation and be with you when making the surgical negligence compensation claim*.

Who can be responsible for surgical negligence?

The medical professional who made the errors leading to the surgical negligence can be responsible for it and its effects on you, the patient. You trust a surgeon, their surgical team, and the hospital to give you medical care at an acceptable standard, and if they do not, it could be medical negligence. 

Medical negligence is medical care below acceptable standards. Surgical negligence in Ireland is medical care below that which any other surgeon or surgery team would provide.

The medical professional at fault for your surgical negligence claim* could be:

  • The surgeon who carries out wrong-site surgery
  • The surgeon who is not trained for the surgery
  • The surgical team who does not follow instructions
  • A surgeon who does not get the full patient consent before surgery
  • The post-surgery team that fails to administer medications
  • The surgeon who does not prescribe post-surgery medication
  • The HSE hospital, which employs too few staff
  • The HSE hospital responsible for hiring surgery staff
  • The surgeon who makes an error with your surgery
  • The HSE hospital responsible for hygiene standards

If you suffer surgical negligence while in an HSE hospital, such as poor post-surgery care, you may have a surgical negligence compensation claim* against the HSE. 

If you suffer negligence in a private hospital or clinic, you may have a surgical negligence case against the hospital authority. 

PBN Litigation solicitors can handle your surgical negligence claim* against those responsible for the medical negligence in your surgery care.

How to make a claim* for surgical negligence in Ireland

There are a few steps to follow when you make a surgical negligence claim* in Ireland. Making any medical negligence claim* may seem daunting, especially if you are taking on the HSE or surgeon you may know from being in their care. 

You may be worried about taking on the HSE, the well-known hospital consultant or the private medical provider, but with the help of a medical negligence solicitor, you can navigate your way through what could be a complex process.  

The steps to follow when making a surgical negligence claim* in Ireland are:  

You should engage a medical negligence solicitor as soon as possible to further your surgical negligence claim*. The team at PBN Litigation Solicitors can advise on your case and how it could proceed. 

With our no-obligation consultation, we can meet with you in confidence and advise you on the strengths of your case. 

To investigate your case, we will request an initial medical report from your doctor to outline the injuries due to the surgical negligence and any ongoing poor health issues. 

Updated reports with a final prognosis from your doctors will be taken up before your case is settled.  

We will help investigate your case by requesting all the medical notes and files, a report on what happened from the hospital management and seeking further independent medical expertise for their opinion. 

Submission of the surgical negligence claim* to the HSE is the next step in the process. 

PBN Litigation Solicitors will compile all your medical evidence from the hospital and independent medical experts and see how it makes for a valid medical negligence claim*. 

When we have all the evidence needed, we will contact the HSE on your behalf and make the surgical negligence claim*.

Dealing with the reply from the HSE is usually the next step in your surgical negligence case. 

The HSE will reply by letter either admitting the medical negligence, denying the medical negligence, or possibly admitting to some part but not all of it. 

Unfortunately, you may need to go to court if the HSE denies all responsibility for the surgical negligence or cannot agree on an acceptable level of compensation for your injury.

Going to court may be the final step in resolving your medical negligence case. Your PBN Litigation medical negligence solicitor will continue with your case when court becomes the only option and advise you on how to approach it. 

We can issue the court proceedings and advise you along every step of a difficult process for you and the family.  

Court proceedings can be protracted, and you will need experience and expertise on your side when in the courtroom. 

PBN Litigation Solicitors can provide that much-needed experience if the time comes for going to court. 

In some cases, a claim* is settled on the steps of the court when the negligent party meets the person who suffered the injury due to surgical negligence.  

Can I make a claim* against a private hospital or clinic for surgical negligence?

Yes, you may make a surgical claim* against the private hospital or medical clinic as you would against the HSE. Surgical negligence is surgical negligence, and it does not matter if it happens in a public or private hospital, you may still claim* compensation. 

You can have the same types of medical negligence in a private hospital as you would in a public one. An error by a medical professional such as a surgeon is medical negligence. Just because you are paying for the medical care does not mean medical negligence will not happen. 

A private hospital will have a legal team who will engage with you when you make a complaint of medical negligence. 

PBN Litigation Solicitors have the experience of dealing with legal teams and will guide you through your surgical negligence claim* against the private hospital or clinic.

Fatal hospital negligence

Fatal surgical negligence is when a patient dies due to medical negligence by the surgeon, surgical staff, or the HSE hospital or private clinic. Unfortunately, the death of a patient due to surgical negligence happens, and those left behind may make a fatal surgical negligence claim*. 

Fatal surgical negligence can happen when:

  • Internal bleeding is not stopped during surgery
  • A surgical error causes a fatal heart attack during surgery
  • The perforated bowel spreads a fatal infection
  • The surgery delays cause an infection to spread
  • The wrong type of surgery causes the death of a patient
  • Errors in postoperative care cause sepsis
  • The surgical team administers a fatal dose of medication in error

The financial dependents of the deceased may be able to make the claim* for fatal surgical negligence. If the husband, wife, or children of the deceased rely on them for financial security, they may be able to make the fatal surgical negligence claim* for compensation. 

The dependents may be compensated for the loss of income today and in the future due to the fatal medical negligence. Depending on the circumstances, the dependents may have a substantial claim* when they lose a loved one due to fatal surgical negligence. 

PBN Litigation Solicitors can help with your fatal surgical negligence claim* in what can be very upsetting times for those left behind after the death of a loved one.

Will I have to go to court with my surgical negligence claim*?

No, you do not have to go to court with a surgical negligence claim*. If you follow the PBN Litigation steps for making a surgical negligence claim* you may be able to avoid the need to go to court. 

In Ireland, though, the HSE and medical insurers may fight your surgical negligence claim* and try to frighten you into dropping the claim* or try to make you take a lesser amount in compensation. 

The HSE or medical insurers may threaten court and imply that you will not have a successful surgical negligence claim* for compensation. In truth few medical negligence cases make it to court, and most that do are settled on the steps of the court. 

PBN Litigation solicitors will be with you along every step of the way. We can help you avoid a court case, but we can also fight a surgical negligence case if it does head for the courts.

How long do I have to make a medical negligence claim*?

You have two years to make a claim* for medical negligence in Ireland. If you are outside the time limit, you are very unlikely to be able to make a claim*. 

In a surgical negligence claim* in Ireland, you must have all the paperwork in place and filed within the time limit. Your PBN Litigation Solicitor can help with the claim* process and give you a checklist for what is needed to file the compensation claim*. 

If a child suffers from surgical negligence, such as a birth defect due to surgery errors, the parent has until they turn 18 to make a medical negligence claim*. 

Once a child turns 18, they then have two years to make a surgical negligence claim*, proving their parents did not make one on their behalf previously. 

You may make a claim* outside of the two-year limit only if the date of knowledge of injury allows it. The date of knowledge is the date you became aware the injury was due to surgical negligence. 

When a surgeon makes an error during surgery, it is usually apparent at the time. Some cases of surgical negligence, however, do not come to light until they are diagnosed later by another surgeon or medical professional. In such cases, your two-year limit to claim* may begin on the day of the diagnosis of surgical negligence. 

In all cases of medical negligence, the sooner you begin the claim* process, the better it will be for the case. It is preferable to write down what happened while it is fresh in your memory and while the medical evidence can clearly show the negligence during treatment. 

PBN Litigation Solicitors can look at the details of your claim* and get started on a valid surgical negligence claim* within the time limits.

Make a claim* for surgical negligence today

Make a claim* for surgical negligence today by contacting PBN Litigation Solicitors. 

If you have suffered surgical negligence such as wrong-site surgery or a lack of informed consent before surgery, then PBN Litigation Solicitors have the experience and expertise to manage your compensation claim*.  

You, the client, are the one injured and in recovery. The last thing you should have to worry about is dealing with the HSE, the private hospital or the courts when recovering from the effects of the surgical negligence. 

PBN Litigation Solicitors can take on your case and work with you to get the compensation you deserve.  

We pride ourselves in taking the stress out of medical negligence litigation by providing a service dedicated to the client.  

Contact PBN Litigation Solicitors today for all your medical negligence needs.