A wrong site surgery claim seeks compensation for the effects of surgery on the wrong part of the body. You could have a wrong back disc removed  or the wrong knee joint replaced and have a wrong site surgery claim. 

The effects of the wrong site surgery could be the need for further surgery and needing to spend more time in medical care. Your compensation claim is for the impact of the surgical negligence on your life today and in the future. 

The effects of the medical errors could be a need to change employment, a drop in income to the home, and you may need to make adjustments to the house and car. 

Medical negligence is medical treatment below a level any other medical professional would provide in similar circumstances. The medical professional owes you a duty of care, and if they breach that duty of care, causing you an injury, you could have a compensation claim*. 

PBN Litigation Solicitors can look at the case details and see if you have a valid wrong site surgery compensation claim*.

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What is a wrong site surgery compensation claim*?

A wrong site surgery compensation claim* is the legal process you take when the surgeon has made an error before or during your operation. The claim* will be for the effects of the surgical negligence on your life. 

Wrong site surgery happens more often than you may think in Ireland. A recent survey shows that 13 wrong site surgeries were carried out in HSE hospitals between 2020 and 2023. The surgeries included surgery on the wrong eye and on the incorrect limbs. The survey also showed there were 28 near misses in cases of wrong site surgery at 10 Irish hospitals. 

Surgery on the wrong body part could cause irreversible damage, such as when the surgeon removes the wrong leg or the good hip joint instead of the bad one. You could need more surgery and undergo years of unnecessary pain and discomfort. 

PBN Litigation Solicitors can handle your wrong site surgery negligence claim for compensation*.

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 wrong site surgery claims*

Common wrong site surgery claims* range from surgery on the wrong foot to removing the incorrect disc in the back. All surgery carries a risk, and undergoing a wrong site surgery can be very traumatic for the patient. 

Having surgery on the wrong side of the body could even lead to PTSD and make the patient unwilling to undergo further surgery, even if they need it. 

Types of wrong site surgery claims:

  • Operating on the wrong knee in knee joint replacement surgery
  • Operating on the wrong eye
  • Removal of the wrong kidney during surgery
  • Surgery to repair ligament damage in the wrong shoulder
  • Back surgery on the wrong vertebra

Operating on the wrong knee in knee joint replacement surgery

Operating on the wrong knee in knee joint replacement surgery could cause irreversible damage and affect how you walk and exercise. 

The surgical team should clearly mark the correct knee for surgery. Before surgery, there should be a series of checks to ensure that the surgeon will work on the correct knee. 

Even if the operation on the wrong knee is discovered at an early stage, there could be unnecessary scarring and trauma for the patient.

Operating on the wrong eye

Operating on the wrong eye during eye surgery could damage your eyesight and leave you with permanent sight problems in both eyes. The surgeon should have a checklist to follow so as to avoid wrong eye surgery. 

Surgery on the incorrect eye can happen:

  • When doing cataract removal surgery
  • When the surgeon is doing emergency eye surgery after an accident
  • When the surgeon is doing lens replacement surgery on the eye

Operating on the left instead of the right eye could be medical negligence, and you could have a wrong site surgery claim*.

Removal of the wrong kidney during surgery

Removal of the wrong kidney during surgery is clear medical negligence and should never happen in an operating theatre run to a professional standard. 

The patient may need to have a kidney removed as it is not working, or they may have a form of kidney cancer. To lose the good kidney and still need surgery to remove the bad kidney could have a devastating effect on their life. 

Instead of having a positive outcome to the kidney surgery, the patient could face years of dialysis and other adverse effects after the surgical negligence.

Surgery to repair ligament damage in the wrong shoulder

Surgery to repair ligament damage in the wrong shoulder could harm the healthy shoulder, and the patient will need to undergo further surgery in the HSE hospital. 

The surgeon may operate on the wrong shoulder when:

  • There is an error in the patient’s notes and medical records
  • The team did not carry out the checks for surgery on the correct shoulder
  • There is a mix-up in patient names before being taken down for surgery

Wrong site surgery on the shoulder will cause a lot of issues for the patient, and they may have a medical negligence compensation claim*.

Back surgery on the wrong vertebra

Back surgery on the wrong vertebra is not an unusual claim for wrong site surgery in the HSE. The vertebrae are numbered on the patient’s chart, and the team should check and double-check the patient’s medical records before surgery. 

The effects of wrong site surgery on the back could be permanent damage to a healthy vertebra, and it could even mean surgery on the correct vertebra is not possible for some time. 

You could go through a lot of unnecessary surgery, discomfort and pain after wrong site surgery on the incorrect vertebra. 

Wrong site surgery is medical negligence; if you undergo surgery on the wrong part of the body, you may have a compensation claim. 

PBN Litigation Solicitors can take your wrong site surgery claim* and get you the compensation you deserve for the effects on your life.

Start your medical negligence case today by contacting PBN solicitors.

Compensation for wrong site surgery claims*

Compensation in a wrong site surgery negligence claim* in Ireland differs from patient to patient, depending on the effects of the medical negligence and how much the patient suffers.  

You could undergo a wrong site 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 wrong site 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 a wrong site 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, the loss of income, and paying for care. 

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

Medical negligence claims* solicitors can only give you an idea of what is possible in a wrong site surgery claim* for compensation.

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

Damages in a wrong site surgery compensation claim*

Damages in a wrong site surgery negligence compensation claim* are a combination of:

  • General Damages in a Wrong Site Surgery Claim*
  • Special Damages in a Wrong Site Surgery Claim*

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

General Damages in a Wrong Site Surgery Claim*

General Damages in a wrong site surgery claim* are compensation for the effects of the surgery due to a medical practitioner’s breach of duty of care to you. 

You can claim general damages for the unnecessary pain and discomfort experienced by the surgery on the wrong part of the body. 

General Damages may be claimed in a wrong site surgery 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 Wrong Site Surgery Claim*

Special Damages in a wrong site surgery claim* are for the adverse financial effects on your life due to the surgical negligence. 

You may be able to claim for the errors by a surgeon or hospital consultant that led to you undergoing surgery on the wrong eye, knee joint or any other part of the body 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 wrong site 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 surgery errors impacted your life.  

Your PBN Litigation Solicitor can guide you on what to expect in compensation and how to make a claim* for wrong site surgery medical negligence.

Who can be at fault for the wrong site surgery

The medical professional who made the errors leading to the surgery on the wrong part of the body can be responsible for it and its effects on the patient and the patient’s family. 

When you go for surgery in a hospital, you trust the staff and the surgical team. Your health and, in some cases, even your life is in their hands. You have a right to expect a high level of medical care and not surgical negligence when undergoing surgery. 

Medical negligence is medical care below acceptable standards. Wrong site surgery negligence in Ireland is medical care below that which any other hospital, surgeon or hospital consultant would provide in similar circumstances. 

The negligent party who could be at fault for a wrong site surgery claim* may be:

  • The team that prepares the patient for surgery
  • A surgeon who makes errors during the surgery
  • The surgical team who does not follow surgery guidelines
  • The surgeon who does not read the medical history of the patient
  • A surgeon who does not get full consent from a patient
  • The surgeon who fails to check the patient’s details before the surgery
  • The HSE hospital, which employs too few staff
  • The HSE hospital responsible for hiring surgical staff
  • The healthcare provider responsible for implementing good surgical practices

If you suffer medical negligence while in an HSE hospital, such as poor care before and during surgery, you may have a wrong site surgery negligence compensation claim* against the HSE. 

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

PBN Litigation medical negligence team can make your wrong site surgery claim* against those responsible for the negligent medical care. 

How to make a surgery negligence claim*

There are a few steps to follow when you make a wrong site surgery claim* in Ireland. Making any medical negligence claim* may seem daunting, especially if you are taking on the HSE or the consultant you may know from being in their care over many years. 

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 medical negligence solicitor, you can navigate your way through what could be a complex process.  

The steps to follow when making a wrong site surgery claim* in Ireland are: 

You should engage a medical negligence solicitor as soon as possible to further your wrong site surgery claim* such as operating on the wrong kidney. 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 arising from 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 records and files, a report on what happened from the hospital management and seeking further independent medical expertise for their opinion. 

Submission of the wrong site surgery 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 clinical negligence claim*.

Dealing with the reply from the HSE is usually the next step in your wrong site surgery 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 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 wrong site surgery 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 wrong site surgery claim* is settled on the steps of the court when the negligent party meets the person who suffered the injury due to the medical negligence.

Make a wrong site surgery medical negligence claim* today

Make a wrong site 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 surgery on the incorrect part of the body when in the hospital and the one who is suffering the effects of a wrong site surgery. 

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 wrong site surgery medical negligence compensation claim*.