Estimates of the number of surgical complications in hospitals in Ireland vary according to which source provides them. In 2012, the head of the Clinical Indemnity Scheme for the State Claims Agency suggested that there may be as many as 150,000 ‘adverse events’ in hospitals in Ireland each year and, although many are identified in time to prevent suffering to a patient, if you have sustained a loss, an injury or the deterioration of an existing condition due to avoidable surgical complications in hospitals in Ireland, you may be entitled to claim complication.
Irrespective of whether surgical complications happen during childbirth or when administrating treatment to an elderly person, victims and their families may be entitled to claim compensation for hospital surgical complications when an avoidable injury has been caused by a medical practitioner not reviewing a patient´s medical history, failing to follow proper procedures or making an error of judgement.
Compensation for Hospital Surgical Complications
Compensation for hospital surgical complications can only be claimed if the actions of the surgeon or other medical team are considered to be inappropriate ‘at the time and in the circumstances. An injury claim for a complication in a hospital surgical procedure has to demonstrate that a ‘competent’ medical practitioner would have taken an alternative course of action which ‘on the balance of probability’ would have prevented the loss, injury or deterioration from occurring.
It is important to highlight that if an injury has been sustained due to a surgical complication, it does not necessarily imply that the complication was due to negligence. Similarly it could be the case that negligence undoubtedly occurred, but no injury was sustained. Furthermore, if an injury was sustained due a surgical complication, but the treatment that was administered prevented a worse injury from occurring, it will not be possible to claim compensation for hospital surgical complications.
Advice about Surgical Complications in Hospitals in Ireland
Because of the complicated process that has to be completed in order to justify an injury claim for a complication in a hospital surgical procedure, the Injuries Board will decline any applications for assessment of damages submitted to them. In order to claim compensation for surgical complications in hospitals in Ireland, you will need to speak with an experienced medical negligence solicitor.
In order to help you get the advice you need to make a claim for a complication in a hospital surgical procedure, we have established a free injury claims advice service which you are invited to call if you or a loved one has suffered a loss, an injury or the deterioration of an existing condition which was due to avoidable surgical complications during a medical procedure.
Calls to our service and the advice dispensed are both free, and there is no obligation on you to proceed with a claim compensation for hospital surgical complications once you have called us. Call us now on 1800 989 850 or, if you cannot speak now, please fill in the form on the left and we will call you back.
Our Promise to You:
- 100% Free, practical and helpful advice
- 100% Helpful and accurate information
- 100% Complete confidentiality and discretion
- 100% No obligation or pressure to proceed
What You Can Expect When You Call
When you call our free advice telephone service, our advisors will want to know what medical procedure you were undergoing, what complications occurred and what explanation you have been given (if any) for the injuries you sustained.
If you cannot answer all these questions when you call us, it is not a problem. As part of our investigation into your claim for a complication in a hospital surgical procedure, we will request the release of your relevant medical notes and have them reviewed by an independent medical expert.
If the expert concludes that you have suffered an injury which could have been prevented with greater care, the solicitor will then send a ‘Letter of Claim’ to the hospital at which you underwent the surgical procedure, advising them that you are claiming compensation for hospital surgical complications and supporting the letter with the evidence of negligence compiled by the independent expert.
What happens next will depend on whether the hospital (or – more frequently – the Health Service Executive) acknowledges their liability for your injuries. Court action is more often than not unnecessary, and a settlement of your claim will be negotiated by your solicitor once all the consequences of the surgical complications are known.
By law, you have two years from the time you suffered from your surgical complications in which to make a claim. However, due to the comprehensive work that has to be completed to support a claim for surgical complications in hospitals in Ireland, we would advise you not to leave it until the last minute. Therefore, you should give us a call on 1800 989 850 at your earliest convenience.
If now is not appropriate, please complete the call-back box below – letting us know when it would be a more suitable time to call – and one of our team will get back in touch. We look forward to hearing from you.