Surgery Infection Compensation Claim

Surgery Infection Compensation Claim

This article contains information about making a surgery infection compensation claim when you – or somebody close to you – have contracted an infection due to a lack of hygiene during a surgical procedure. Infections which are acquired during a surgical procedure can develop into serious illnesses and often require further surgery to remove infected soft tissues and consequently, claims for surgical infection compensation not only have to account for the infection you develop as a result of medical negligence in the operating theatre, but possible future surgery and long term hospitalisation.

In order to successfully claim surgery infection compensation, it has to be shown that the medical negligence which caused the infection caused an “adverse reaction”. This adverse reaction must have been an injury, the deterioration of an existing condition or – in the worse possible scenario – a fatality. Infections may also occur naturally as part of a surgical procedure, so it also has to be established that medical negligence was responsible for you contracting an infection before it is possible to make a surgery infection compensation claim.

Establishing Medical Negligence in a Surgery Infection Compensation Claim

Medical negligence which results in a surgery-acquired infection can manifest from a number of sources. Preoperative, intraoperative and postoperative phases of surgery all provide opportunities in which a lack of care can result in a surgery infection. In order to establish where exactly the infection was acquired and against whom a claim for surgery infection compensation should be made, your solicitor would engage the services of a clinical expert. The expert would study your medical notes, determine where the infection may have been acquired and help your solicitor to ascertain that you have suffered an injury which “in the circumstances and at the time” could have been avoided with greater care.

Procedures for Making a Surgery Infection Compensation Claim

Once negligence is established, the procedure for making a surgery infection compensation claim is that your solicitor will send a Letter of Claim to the negligent medical practitioner, advising him or her that you are making a claim for a surgery infection and supporting your claim with the evidence compiled by the clinical expert. If your claim for a surgery infection is particularly strong, your solicitor will invite the negligent medical practitioner to make an offer of compensation – as medical negligence compensation for a surgery infection is not assessed by the Injuries Board Ireland.

If medical negligence is admitted, and an offer of surgery infection compensation is forthcoming, your solicitor will advise you if the offer represents a fair and adequate settlement of your claim for surgery infection or whether it would be recommended to negotiate for more. Court action will only be necessary if the negligent medical practitioner denies liability for your infection or disputes how much compensation for a surgery infection your solicitor believes you are entitled to.

How Much Compensation for a Surgery Infection?

How much compensation for a surgery infection you will be entitled to will depend on the extent of your injury or deterioration of an existing condition in relation to your age, sex and your health prior to the surgery during which you contracted an infection. Both the physical and the emotional consequences of the surgery infection will be accounted for in a surgery infection compensation claim, and it is advisable that you maintain a diary while in hospital and following your release to record the effect that the consequences of the surgery infection have on your quality of life.

You will also be able to recover financial costs – both past and future – in a surgery infection compensation claim. These costs can relate to any expenses you have incurred in the pursuit of medical treatment for the infection if it developed once you left hospital, the cost of home care if required and other sundry costs that you might have experienced – such as if you miss a pre-booked holiday due to the surgery infection. Future lost income while you are undergoing treatment which would not have been necessary had you not contracted the surgery infection can also be recovered in a claim for surgery infection compensation.

Further Information about Making a Surgery Infection Compensation Claim

If you believe that you – or somebody close to you – have contracted an infection due to medical negligence during surgery, you are invited to call our freephone Solicitors Advisory Panel and speak directly to an experienced Irish solicitor. Our solicitor will discuss with you the possibility of making a surgery infection compensation claim and explain the procedures for making such a claim which are relevant to your own particular situation.

After speaking with our solicitor you are under no obligation to proceed with a claim for surgery infection compensation, but it is in your best interests to seek professional legal advice at the first practical opportunity. As there is little defence against a claim for surgery infection compensation once proved, it is likely that you may be approached directly by the negligent medical practitioner´s insurers with an offer of surgery infection compensation.

These offers are usually much less than you might expect to receive if your claim for surgery infection compensation ran its course but, at a time when you may still be in a significant amount of distress and concerned about your finances, the temptation to accept such an offer is understandable. If you accept an offer of surgery infection compensation that proves to be inadequate for your needs, you cannot go back to the negligent medical practitioner´s insurers and ask for more. Consequently, if you have received an offer of surgery infection compensation, please speak with a solicitor for an assessment of your claim.