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Wrong-site Surgery Negligence

Wrong-site surgery negligence2026-04-20T08:16:53+00:00

Wrong-site surgery negligence, when the surgeon operates on the wrong area of the body, can cause serious injury. The medical negligence of wrong-site surgery may put you in line to claim compensation.

A good medical negligence solicitor will know what to do with your claim for wrong-site surgery negligence. If you suffer from surgery negligence, you can claim compensation for the impacts on your life today and in the future.

O’Reilly Doherty & Co Solicitors in Dublin can help with a wrong-site surgery negligence claim.

What counts as medical negligence in Ireland?

Medical negligence in Ireland is when a medical professional treats you at a standard below which any other medical professional would provide treatment.

Medical professionals owe patients a duty of care. If they breach that duty of care, causing unnecessary suffering, it can be medical negligence, and you may have a compensation claim.

Over a six-year period from 2018 to the end of 2024, HSE medical negligence payments rose from €2.8 billion to €4.6 billion. By the end of 2024, the State Claims Agency had received 705 new claims, representing nearly two claims for medical negligence in Ireland per day. 

With O’Reilly Doherty & Co personal injury solicitors, medical negligence is a speciality, and we work with unnecessary suffering claims all the time.

What is wrong-site surgery?

Wrong-site surgery is when a surgeon performs surgery on the wrong area of the body. 

The surgeon and surgical team have a protocol to follow with all surgeries, and an operation on the wrong body part or wrong area of the body should never happen.

HSE surgeons carried out 63 wrong-site surgeries, according to a recent survey spanning several years. Operating on the wrong eye, the left instead of the right leg and the healthy elbow are among the glaring examples. The number has been increasing over recent times from 15 to 17 in one year and on to 22 wrong-site surgeries in public hospitals, over the next 12 months. 

Recorded wrong site surgery never events in Ireland:

  • Limb surgery
  • Kidney surgery
  • Eye surgery
  • Teeth removals
  • Hip and knee joint surgery

Any surgical negligence can be devastating for the patient, and wrong-site surgery can result in permanent injury in many cases.

O’Reilly Doherty & Co medical negligence solicitors in Dublin can make your wrong-site surgery compensation claim.

How does wrong-site surgery happen?

Wrong site surgery happens in Ireland when surgeons and their team do not follow best practices.

The HSE keeps a list of ‘Never Events,’ types of medical negligence that should never happen and has procedures in place to avoid them happening. Wrong-site surgery, an obvious Never Event, should not happen if everyone followed the rules.

Wrong site surgery happens when:

  • Surgical site identification rules are not followed
  • Communication errors happen in the operating theatre
  • Failure to follow surgical safety protocols by staff

Wrong site surgery may happen, and the patient is the one to suffer.

You can make a surgical negligence compensation claim when it happens to you.

Wrong-site surgery compensation claims

Wrong-site surgery compensation claims are made in Ireland by victims of this type of medical negligence.

Types of wrong site surgery negligence claims:

Surgery on the wrong eye in Ireland is a common medical negligence claim*.

You may go in for cataract removal on the left eye, but the eye surgeon opens your right eye in error.

Similar medical negligence, such as lens replacement on the wrong eye, can happen as well.

Surgery on the wrong internal organ, or the wrong area of an internal organ, can happen if the surgical team does not follow HSE guidelines.

Removing the healthy left kidney instead of the non-working right kidney has been known to happen in Ireland.

Inserting a medical device into the wrong area of the heart is another type of medical negligence.

Surgery on the wrong orthopaedic joint would not happen if the surgeon read their notes and the team marked the correct joint on the body.

Wrong site surgery can happen with:

  • Hip joint replacement surgery
  • Knee joint replacement surgery
  • Shoulder repair surgery

You may have a medical negligence claim* for wrong joint surgery.

Surgery on the wrong limb, like similar orthopaedic negligence, is easily avoidable when the team follows all the rules and double-checks everything.

Patients have undergone nerve surgery on the wrong leg or have had the wrong ankle operated on for ligament repair surgery.

Nerve, muscle, and tendon surgery on the wrong arm can cause further damage and fail to resolve the original complaint.

Amputation surgery errors are a type of medical negligence that is irreversible and can affect the patient for life.

Amputation surgical negligence claims:

  • Removing the wrong fingers on a damaged hand
  • Removal of the left foot instead of the right one
  • Removal of the arm at the shoulder instead of at the elbow

The wrong site surgery negligence can impact the patient and their family for life.

Any form of medical negligence can affect the patient and their ability to care for themselves. You can make a medical negligence claim* for the impact of the wrong site surgery on your life.

O’Reilly Doherty & Co Solicitors will be with you from day one when making a medical negligence compensation claim.

Is wrong-site surgery considered medical negligence in Ireland?

Yes, wrong-site surgery is considered to be medical negligence in Ireland. Any time you suffer an injury due to negligence by a medical professional, it could be medical negligence.

To show medical negligence for a compensation claim:

  • The medical professional owed you a duty of care, i.e. the surgeon
  • The medical professional breached their duty of care, i.e. not reading notes
  • The breach of duty of care led to your injury, i.e. wrong-site surgery
  • You had financial costs and losses due to the breach of duty of care. i.e. loss of income or the need to pay for full-time care

When you suffer wrong-site surgery, such as surgery on the wrong limb, you may be able to make a medical negligence compensation claim.

O’Reilly Doherty & Co Solicitors can make your medical negligence claim* for wrong-site surgery.

Injuries and consequences of wrong-site surgery

The injuries and consequences of wrong-site surgery can be long-term and have a huge impact on your life, such as the loss of a limb.

Other impacts on your life following wrong-site surgery may not be as long-term, such as when the surgeon stops as soon as they realise their errors.

Types of impacts of wrong-site surgery negligence:

  • Physical complications, such as living without fingers
  • Psychological trauma of what happened
  • Additional corrective surgery
  • Living with the original complaint until further surgery
  • The need to spend more time in hospital
  • The need for full-time care
  • The need to change employment
  • Being unable to drive or play sports

O’Reilly Doherty & Co Solicitors can work with you to make a wrong-site surgery negligence claim.

Who can be liable for wrong-site surgery?

Anyone involved in the failure to follow protocols can be liable for the wrong-site surgery negligence claim.

The never event of wrong site surgery should not happen, but those responsible for it can be:

  • The surgeon who carries out the surgery
  • The hospital staff on the ward
  • The surgical team
  • The HSE hospital
  • Private hospitals and healthcare providers

You make the compensation claim against the HSE or private healthcare provider responsible for the medical negligence.

Compensation for wrong site surgery in Ireland

Compensation for wrong-site surgery in Ireland is for the impact of the medical negligence on your life. You claim compensation for the medical professional’s breach of duty of care before, during and after the wrong-site operation.

In every compensation claim, the injured party claims damages for the effects of clinical negligence on their life today and in the future.

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

General Damages are compensation for what is known as the Loss of Amenity in your life.

After medical negligence during your surgery, you may have issues with personal care, in exercising, and in doing the everyday jobs you could do before the injury. 

You claim compensation for this Loss of Amenity due to the clinical negligence.

Special Damages in a wrong-site surgery claim are for the financial costs to you due to the errors when under the care of a surgeon, the surgical team and the HSE hospital.

You have been injured, and you should not be out of pocket or face substantial medical bills due to negligence by a medical professional.

You claim Special Damages for costs and financial losses, such as Medical Bills, Loss of Income, out-of-pocket expenses, and the cost of home and car adaptations.

 

O’Reilly Doherty & Co. Solicitors have the experience to be with you at every step of the medical negligence claim*.

Why O’Reilly Doherty Solicitors for making a medical negligence claim*?

O’Reilly Doherty Solicitors have the experience and the legal expertise to make a medical negligence claim* in Dublin.

We know how to make a medical negligence claim*, but more importantly, we have experience with the many types of medical negligence. We use that experience to get you the compensation you deserve for the errors in your medical treatment.

O’Reilly Doherty Solicitors have:

  • A specialist medical negligence team
  • Experience with complex medical negligence claims*
  • An approach that is client-focused and compassionate
  • Client testimonials to showcase our work
  • Transparent costings, with no hidden fees
  • Free initial consultation

O’Reilly Doherty medical negligence solicitors in Dublin will work with you and for you when making a compensation claim.

Make a medical negligence claim* for compensation today

Make a medical negligence claim* for compensation today by contacting O’Reilly Doherty & Co Solicitors in Dublin.

We have the team in place to handle your claim and secure compensation for your injuries.

Medical negligence can be a complicated process, but with the right solicitor on your side, you can get the compensation you deserve.

O’Reilly Doherty & Co. Solicitors in Dublin will help make your wrong-site surgery claim for compensation.

Wrong-site surgery negligence FAQS

Yes, you can make a medical negligence claim* against the HSE. The HSE is a big organisation, but we know exactly who to contact for a medical negligence claim* and how to contact them.

The HSE may well deny your claim for medical negligence when you make it. Your solicitor will expect the HSE to react and will know how to take the next step in making a claim.

A patient who has suffered medical negligence during surgery can make a compensation claim in Ireland.

They can claim for the lack of professional care during their treatment or for errors leading to wrong-site surgery negligence.

Yes, you can make a medical negligence claim* on behalf of someone who is too ill to make a medical negligence claim* or someone who died due to medical negligence. 

Dependents in medical negligence claims* in Ireland can be:

  • The spouse of the victim of medical negligence
  • A parent 
  • A step-parent 
  • A grandparent 
  • A child 
  • A step-child 
  • An adult-dependent 
  • Family members who relied on the patient for care and financial support
  • A sister or brother 
  • A half-brother or sister 

You prove medical negligence in Ireland by gathering all the evidence before you make the case against the doctor, nurse, or hospital responsible.

Evidence can be:

  • Medical records
  • Hospital incident report on the medical negligence
  • Medical report from an expert medical witness
  • Personal account of what happened to you

O’Reilly Doherty & Co. Solicitors in Dublin can tell you exactly what is needed and arrange for you to see the necessary experts when making a medical negligence compensation claim.

Medical negligence claims in Ireland can take more than 18 months—some cases last for years until the patient wins compensation.
If you have the evidence in place and the right solicitor by your side, you can help the medical negligence claim* progress quickly through the system.

No, you do not have to go to court with a medical negligence claim*. Many negligence claims are clear; the evidence is on record, and those responsible, i.e., the HSE, are obvious.

Some medical negligence claims*, though, can be difficult, and the other side will fight you all the way.

Medical negligence claims can go to court when this happens, but O’Reilly Doherty & Co Solicitors will be with you from day one.

Medical Negligence Claim Types

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