Surgery Negligence Claims

Thankfully, surgical errors are uncommon, however it is helpful to know the adverse incidents that can occur which lead to injury as a result of surgical errors by surgeons or other medical staff during a procedure. 

These range from minor errors made by a resulting in no harm, to grave mistakes which can result in a life-altering injury. Mistakes made in such treatment can even result in loss of life in some cases.

There are a few steps you must undertake if you have been injured or harmed during a surgery, and wish to claim for medical negligence. The first thing to bear in mind is your time limit, or Statute of Limitations.

One of the main restrictions for filing a claim is the time limit, known as the Statute of Limitations. For medical negligence claims, the Statute of Limitations is 2 years less one day under Irish law. 

Awards for medical negligence can take some time to be finalised through the courts, however, the legal proceedings must begin within two years of the injury. 

There are some exceptions that you should be aware of, which prolong the time limit.

Potential negligent surgery cases should be first raised with reliable medical negligence solicitors, giving you the best chance of a successful outcome. O’Reilly Doherty Solicitors are among the most respected medical negligence solicitors in Ireland.

If you are within the Statute of Limitations (2 years minus a day) and wish to pursue your case, you should contact a firm with extensive experience in such matters, kickstarting the process.

Potential negligent surgery cases should be discussed with reliable medical negligence solicitors, giving you the best chance of a successful outcome. 

O’Reilly Doherty Solicitors are among the most respected medical negligence solicitors in Ireland. Our legal team will begin legal proceedings, aiming to resolve the case as soon as possible, which is in the interest of all parties.

The next step is requesting medical records, a right which is protected by legislation. This can be done by an individual or by your solicitor if they are given the authority to do so.

Once we have reviewed your medical records, we will have the information necessary to determine the right medical expert for your case. A medical expert report from a UK based expert (to ensure impartiality) is necessary for medical negligence claims. Several reports might be necessary over the course of proceedings.

A barrister will then issue a Summons and proceedings are usually issued at the High Court. A letter of claim is sent to the clinician or hospital, upon whom a Personal Injuries Summons will be served upon. 

They then have two options:

There are two main types of personal injury damages that you can claim for depending on the type of harm that was done during a surgical procedure.

How much compensation you can receive as a result of surgical negligence in Ireland, in general or special damages, depends on the severity of the damages. 

Compensation varies from case to case, and contacting O’Reilly Doherty Solicitors, who have extensive expertise in medical negligence, is the best action to undertake if you think you have been a victim of negligence.

Negligent medical care can be proved by obtaining evidence to support the claim. The time it takes to prove negligence can vary, as cases can be extremely complex. 

For this reason, it is not uncommon for cases to last several years – and there is no set deadline for resolution of such cases. 

If the Defendant decides to defend the claim, two criteria must be met for a successful outcome for the injured party: negligence and causation.

Negligence refers to a failure to meet a reasonable standard of care, while causation refers to the harm caused to the patient. Both of these criteria must be met for the Judge to find in your favour.