Surgical Error Claims

Undergoing a surgical procedure means placing yourself in the hands of a professional surgeon and trusting that there will be a successful outcome.  On occasion, surgical operations may not go entirely to plan.  Perhaps you have had surgery that has not provided the results you were expecting?

Unexpected complications or outcomes of surgery are common and are usually not due to negligence on the part of a surgeon. However, it may be that the surgery has been performed incompetently, needlessly or without the proper degree of care and if that proves to be the case you may be entitled to make a claim for compensation.

How Can I Make a Claim for Surgical Error?

In order to make a claim for a surgical error*, it is necessary to prove that the surgeon or medical team in your case acted negligently in the manner in which you received treatment.  This may include pre-operative care, the surgical procedure itself, or the aftercare involved.

If you believe that you have been treated negligently you should consult a solicitor as soon as possible to discuss your case. Here at S.T. O’Sullivan & Co Solicitors, we specialize in this type of claim and will be pleased to advise you.

What Will I Need to Do?

Lawyers and medical experts will examine the details of your case meticulously during the claim process, so it is essential to follow the correct procedure. You will need to:

•    Instruct your solicitors to take up all of the medical records relating to your case. This is a straight forward application made to the hospital or medical practitioner in question under the provisions of the Data Protection Acts.

•    Show how the surgical procedure in question has negatively impacted upon your life or caused complications for you. You can include any consequences that relate to your work, social or personal life.

•    Talk to your solicitor about the possibility of settlement. The medical practice you are dealing with may make you an offer of compensation that you may accept or refuse, and the amount you receive will be dependent upon the severity of the adverse effects on your day to day living.

How Are Surgical Error Compensation Claims Handled? A Case Study.

Joanne contacted S.T. O’Sullivan & Co Solicitors after suffering serious complications following the birth of her first child, who was delivered by C-section. She required several corrective surgeries and suffered a great deal of pain and discomfort.  We established that her obstetrician was negligent in his treatment of Joanne and we brought her case to the High Court where it was settled out of Court for €230,000.

Contact us today to discuss making a surgical error claim.

*In contentious business, a solicitor may not calculate fees or other charges as a percentage or a proportion of any award or settlement.

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