Compensation Claims for Hysterectomy Complications

Is it possible to make compensation claims for hysterectomy complications? I have suffered from bladder problems for two years since I underwent surgery and my doctor believes the two could be connected.

Answer:

There are several conditions which have to be fulfilled before it may be possible to make compensation claims for hysterectomy complications – the first being that your bladder problems are indeed the result of complications during a hysterectomy procedure. Even though your doctor suspects that this is the case, it will still be necessary to get confirmation of his diagnosis before making a claim for hysterectomy complications compensation.

Once the surgery and the bladder problems are connected, it then has to be determined that the hysterectomy complications developed due to the negligence of the surgeon that was performing your operation. If – due to a lack of skill or a lack of ability to demonstrate that skill – he or she was responsible for causing you an injury, they will be considered negligent and you will be able to claim compensation for hysterectomy complications.

How much compensation for hysterectomy complications you are entitled to will be calculated by a solicitor based on the discomfort from the bladder problems you have experienced since the surgery and any ongoing health problems your doctor believes you will suffer. You will also be eligible to claim compensation for the deterioration in your quality of life due to your surgeon´s negligence and any financial expenses you have incurred which are directly attributable to your injury.

The value of compensation claims for hysterectomy complications are calculated by a solicitor rather than the Injuries Board Ireland because under the Personal Injuries Assessment Board Act 2003, the Injuries Board Ireland will assess applications for personal injury compensation “other than a personal injury arising out of medical negligence”. As claims for hysterectomy complications are resolved on medical opinion rather than tangible evidence, the Injuries Board Ireland will decline any application submitted to them for assessment of a hysterectomy complications claim for compensation.

One other Act which will have an influence of your eligibility to claim compensation for hysterectomy complications is the Statute of Limitations. The Statute of Limitations allows you two years from the date on which you know you have suffered an injury due to medical negligence in which to make compensation claims for hysterectomy complications. As it has not yet been connected that your bladder problems are due to the actions of a negligent surgeon, the two year period has not yet begun, but it would be in your best interests to discuss compensation claims for hysterectomy complications with an experienced medical negligence solicitor at the first possible opportunity.