Surgical Error Claims
Surgical Error Claims in Ireland
A surgical error claim looks at whether something that went wrong during or around an operation fell below the standard of care expected of a competent surgeon, and whether it caused you harm. If it did, you may be able to take the matter further.
Surgery involves trust, and when something appears to go wrong it can leave you anxious and looking for answers. You may be coping with further treatment or a longer recovery than expected. We offer clear, careful advice so you can understand what happened and what your options are.
What this can cover
- Wrong site or wrong procedure surgery
- Instruments or swabs left inside the body
- Avoidable damage to nerves, organs or tissue
- Failures in obtaining informed consent
- Post operative care and infection management
- Anaesthetic related complications
Situations that may amount to negligence
- An operation that may have been carried out on the wrong site
- An item that may have been left behind after a procedure
- Damage to a nearby organ or nerve that may have been avoidable
- Risks that may not have been clearly explained before you agreed to surgery
- Signs of a complication after surgery that may not have been acted on in time
- An infection following surgery that may have been managed poorly
How negligence is assessed
A poor result after surgery does not by itself mean there was negligence, as operations carry known risks. The first question is whether the surgeon and team owed you a duty of care, which they did. The next is whether the care fell below the standard expected of a competent practitioner, judged using the Dunne v National Maternity Hospital test, which asks whether no practitioner of similar skill would have acted as they did. It must then be shown that the failing caused or materially contributed to your harm, known as causation.
Time limits. As general information, a claim must usually be started within two years of the date you knew, or ought reasonably to have known, of the injury, with separate rules for children and people who lack capacity.
Simple and clear
Making a surgical error enquiry
A straightforward path from your first question to clear advice on where you stand.
- 1
Get in touch
Tell us briefly what happened, by the enquiry form or by phone. There is no obligation.
- 2
Initial review
We listen, ask a few questions and look at the key facts and any records you have.
- 3
Advice on next steps
We explain your options clearly, including any time limits that may apply to you.
- 4
Claim preparation, if appropriate
If there may be a claim, we guide you through what comes next at a pace that suits you.
Your questions
Surgical Error claims: common questions
It can include operating on the wrong site, leaving an item inside the body, avoidable damage to nearby structures, or failing to explain the risks beforehand. Whether it amounts to negligence depends on whether the care fell below the expected standard and caused harm.
In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
Get in touch
You do not have to work this out alone
Talk it through with Stephen Kelly Law, confidentially and with no obligation. We will help you understand where you stand and what your options may be.
