A surgical nerve damage claim* seeks compensation for the effects of damage to a nerve you suffer during surgery. You expect surgery to go without complication and not to experience nerve damage, which could affect you for life. 

Surgical nerve damage can be a severed nerve during a knee replacement operation or a nicked nerve during routine hernia repair surgery. The surgeon should know how to carry out surgery without damaging a nerve, and you could have a compensation claim* for medical negligence. 

Medical negligence during surgery in Ireland should not happen, but it does. The surgeon and the surgical team owe the patient a duty of care. If they breach that duty of care during surgery, then you, the patient, may have a surgical negligence claim. 

PBN Litigation Solicitors in Dublin have the experience of surgical nerve damage cases to handle your medical negligence compensation claim*.

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What is a surgical nerve damage claim*?

A surgical nerve damage claim* is the legal process you take for compensation for any damage to the nerves during surgery. The surgeon owes you a duty of care, and if they breach that duty of care, you could have a clinical negligence claim for compensation. 

Making a medical negligence claim in Ireland may be the only way to get compensation for the surgical nerve damage. The State Claims Agency pays out over €300 million per annum for people who have suffered injury due to clinical negligence. Awards of over €22 million are paid to individuals who need care for life due to the effects of medical malpractice.

The State Claims Agency handles medical negligence claims made against the HSE and the state. In a surgical negligence claim*, you may need to deal with the State Claims Agency and having an experienced medical negligence solicitor by your side makes all the difference. 

At PBN Litigation Solicitors, we have that experience to get you the compensation you deserve.

Start your medical negligence case today by contacting PBN solicitors.

PBN solicitors have that experience and understanding to be with you every step along the way of a medical negligence compensation claim*.

Common surgical nerve damage claims*

Common surgical nerve damage claims* are the ones seen every day in hospitals throughout Ireland. The surgeon and the surgical team do not give the patient a duty of care and do damage to the nerves during surgery. 

The nerve damage can affect the patient’s life and could impact their ability to work, the income they bring into the home, and their care needs. 

Types of claims for surgical nerve damage can be:

  • Nerve damage during Caesarean Section Surgery claims*
  • Nerve damage during joint replacement surgery claims*
  • Nerve damage during spinal surgery claims*
  • Lack of informed consent in surgical nerve damage
  • Nerve damage during routine surgery claims*

Nerve damage during Caesarean Section surgery claims

Nerve damage during Caesarean Section surgery can happen when the obstetrician doing the delivery does not pay the woman a duty of care. 

You may have suffered nerve damage during a Caesarean Section if the delivery team do not monitor your pregnancy correctly and need to do the surgery in an emergency, when the baby may be in trouble. 

The nerve damage during a Caesarean delivery could be avoidable, and you could have a medical negligence claim if it happens to you.

Nerve damage during joint replacement surgery claims

Nerve damage during joint replacement is a common surgical nerve damage claim* in Ireland. The surgeon does not take due care during the surgery and nicks the nerve, causing a serious injury. 

You may suffer nerve damage during surgery to replace a knee joint when the surgeon cuts the nerves around the old knee before removing it. 

Nerve damage in hip joint replacement surgery can affect your ability to walk and care for yourself and could impact on your ability to drive.

Nerve damage during spinal surgery claims

Nerve damage during spinal surgery should never happen, but it can do when the surgeon does not perform at an acceptable level throughout the surgery. 

The damage to the nerves of the spine could affect your mobility and your quality of life, and you may not be able to drive after the surgical negligence. 

Spinal surgery negligence claims can be:

  • Damage to the spinal accessory nerve
  • Damage to the nerves at the base of the spine
  • Damage to the nerves during surgery for a disc problem

You may have a surgical negligence claim for the effects of the damage to the nerves in the spine during surgery.

Lack of informed consent in surgical nerve damage claims*

A lack of informed consent in surgical nerve damage claims* are for errors that could be avoided if the patient was fully informed on the dangers of the surgery. 

You may have opted for a different type of surgery or an alternative to surgery if the surgical team gave you all the available information pre-surgery. 

Lack of informed consent can happen if:

  • The surgeon does not give you an alternative to invasive surgery
  • The surgeon does not tell you of an alternative treatment using medication
  • The surgeon does not fully explain the dangers of the surgery

If you are not fully informed of your surgery and of any alternatives, such as keyhole surgery, you may have a claim for medical negligence if you suffer a nerve damage injury.

Nerve damage during routine surgery claims

Nerve damage during routine surgery is a claim* that many people have after poorly carried out surgery in a HSE hospital. 

Routine surgery should be just a case of going under and coming out fine, but if you suffer nerve damage, it could be medical negligence. 

Types of nerve damage during routine surgery:

  • Nerve damage during surgery to remove the appendix
  • Nerve damage during cosmetic surgery
  • Nerve damage to repair a broken limb

The nerve damage could slow the healing process and cause you unnecessary discomfort and pain. 

The PBN Litigation team of medical negligence solicitors can handle your nerve damage surgery claims* if you suffer medical negligence during any type of surgery in Ireland.

Start your medical negligence case today by contacting PBN solicitors.

Compensation in a surgical nerve damage claim*

Compensation in a surgical nerve damage claim* in Ireland differs depending on the effects of the medical negligence and how much the patient suffers.  

You could undergo unnecessary surgery and suffer nerve damage, leaving you 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 nerve damage during surgery could see you having time off work, and you could even suffer severe pain and discomfort from what happened to you. 

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

You can claim* medical negligence compensation to cover the costs of extra medical treatment, the loss of income, and paying for medical care. 

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

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

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

Damages in a surgical nerve damage claim*

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

  • General Damages in a Surgical Nerve damage claim*
  • Special Damages in a Surgical Nerve damage claim*

The two types of damages consider the effects of the medical negligence before, during and after the surgery and its impact on your life today and in the future.

General Damages in a Surgical Nerve damage claim*

General Damages in a surgical nerve damage claim* are compensation for the effects of the suffering due to a medical professional’s breach of duty of care to you. 

You can claim general damages for the unnecessary pain and discomfort due to the nerve damage during surgery. 

General Damages may be claimed in a surgical negligence case where the injuries cause pain and inconvenience and affect the patient’s ability to exercise, drive, play sports and other activities.

Special Damages in a Surgical Nerve damage claim*

Special Damages in a surgical nerve damage claim* are for the financial effects on your life due to the medical negligence. 

The surgeon or hospital consultant may have caused your nerve damage during a surgical procedure like a Caesarean Section or a hernia repair. You may be able to claim* for the errors by the medical practitioners and for any financial losses that result.  

With Special Damages, you can claim for: 

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

Special Damages are for the financial effects of a loss of income after the surgery when you cannot work or may even need to change your employment. 

You may 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.  

A compensation claim* will help you get what is needed to maintain a similar quality of life as before the nerve damage during surgery impacted your life.  

Your PBN Litigation medical negligence team can guide through the legal proceedings and what to expect in compensation and how to make a claim for negligent medical treatment.

How to make a surgical negligence claim* 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 the consultant whose care you have been under for the last while. 

You may be worried about engaging in legal proceedings against HSE, the well-known hospital consultant or the private medical provider, but with the help of a PBN Litigation medical negligence claims solicitor, you can navigate your way through what could be a complex process.  

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

You should engage a medical negligence solicitor as soon as possible to further your claim* for the errors during surgery. 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 your injuries and any ongoing poor health issues due to the nerve damage. 

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 and a report on what happened from the hospital management. 

PBN may also seek further independent expert medical opinion on surgical negligence.

Submission of the medical 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 medical negligence claim*.

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

The HSE will reply by letter either admitting the medical negligence, denying it, 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 medical negligence or cannot agree on an acceptable level of compensation for your injury.

Going to court may be the final step in resolving your claim for clinical negligence. Your PBN Litigation medical negligence solicitor will continue with your case for negligence 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 complex process for you and your dependents.  

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 to go to court. 

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

How long do you have to make a medical negligence claim* in Ireland?

You have two years to make a medical negligence claim* in Ireland. You have two years to begin legal proceedings when you suffer a due to malpractice by a healthcare provider. 

If a child suffers any form of personal injury due to surgical errors the parents have until they turn 18 to make a medical negligence claim*. 

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

A case of medical negligence may not come to light until you are diagnosed later by another doctor or when a medical expert looks at your medical reports.  In this case, you or your loved one may have what is known as a date of knowledge clause. 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 injuries were due to medical negligence by the surgeon. In such cases, the two-year limit to claim may begin on the day of the nerve damage during surgery. 

In a medical 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. 

When pursuing compensation the sooner you begin the 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 negligence in your treatment. 

PBN Litigation Solicitors can look at the details of your case and get you started on a claim* within the statute of limitations.

The role of a solicitor in a surgical nerve damage claim*

The role of the solicitor in a surgical nerve damage claim* is to advise you on all aspects of the case. Specialist medical negligence solicitors can represent you when dealing with the insurance company, the HSE or the other legal team involved in the medical negligence claim. 

In a surgical nerve damage claim*, the solicitor can:

  • Advise you on all aspects of the case
  • Advise you on time limits
  • Advise you on how to file a claim
  • Take on all legal representation for you in the claim
  • Avoid the case going to court
  • Represent you if the case goes to court
  • Advise if you have a valid medical negligence claim
  • Advise you on the compensation you should expect and accept

PBN Litigation Solicitors can take on your medical negligence proceedings for you. They will know from looking at your medical records and medical history if you injury is a result of medical negligence and if you have a valid claim.

We have the expertise and the experience to guide you through a medical negligence claim and be with you throughout the process.

Make a surgical nerve damage claim* today

Make a surgical nerve damage 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 suffered nerve damage during surgery or due to 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 surgical nerve damage compensation claim*.