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Surgical Negligence

At Berwick Solicitors, we specialise in representing individuals who have suffered due to surgical negligence. Our team brings years of experience, deep legal knowledge and a compassionate approach to each case, ensuring that our clients receive the representation they deserve. We understand the profound impact that surgical negligence can have on a person’s life and we are committed to achieving the best possible outcome for those we represent.

What is Surgical Negligence?

Surgical negligence occurs when a medical professional fails to perform their duties to the accepted standard of care during a surgical procedure, causing harm to the patient. This can include a wide range of errors, from operating on the wrong site to leaving instruments inside a patient’s body.

Informed Consent in Surgery

Informed consent is a fundamental aspect of patient care, requiring doctors to provide patients with all necessary information about a proposed surgical procedure, including potential risks and benefits, to make an informed decision. Failure to obtain proper informed consent may constitute negligence, particularly in elective surgeries where alternative treatments might have been viable.

Types of Surgical Injuries

Common Causes and Types of Surgical Negligence

Surgical negligence can result from various factors, including but not limited to:

  • Incorrect surgical procedures
  • Failure to diagnose and treat post-surgical infections promptly
  • Surgical instrument retention
  • Perforation or damage to organs or tissues
  • Negligence in minor procedures and emergency care

Legal Considerations in Surgical Negligence Claims

Compensation for Surgical Negligence

The compensation for surgical negligence claims depends on the injury’s severity and its impact on the individual’s life and finances. While the compensation amounts can vary, significant cases involving spinal injuries, for instance, may result in awards of €1 million or more.

Proving Medical Negligence in Ireland

To prove medical negligence, including surgical negligence, one must demonstrate that the healthcare professional breached their duty of care, directly causing injury or harm. This often requires expert medical testimony to establish that the care provided fell below acceptable standards.

How Long After Surgery Can You Claim Compensation?

In Ireland, the general time limit for making a medical negligence claim, including surgical negligence, is two years from the date of knowledge of the harm. However, this period can vary depending on specific circumstances, such as the discovery of complications that were not immediately apparent.

Surgical Negligence Claims with Berwick Solicitors

Berwick Solicitors combines legal prowess with a genuine understanding of the challenges faced by victims of surgical negligence. We handle every aspect of the claims process on your behalf, from gathering medical records to presenting your case, ensuring you receive the support and compensation you deserve.

FAQs About Surgical Negligence

  • What is an example of negligence? An example of surgical negligence includes operating on the wrong body part or leaving surgical instruments inside a patient.
  • What amount of compensation can I expect? Compensation varies based on injury severity, life impact and financial losses. Each claim is assessed individually to determine fair compensation.
  • How long does a medical negligence case take in Ireland? The duration of a medical negligence case can vary widely depending on the case’s complexity, evidence gathering and court schedules. It can range from several months to several years.

Initiating a Surgical Negligence Claim

If you believe you or a loved one has been a victim of surgical negligence, Berwick Solicitors is here to help. We offer expert legal advice and dedicated representation to ensure that you are fully compensated for your injuries and losses. Our team is adept at navigating the complexities of medical negligence claims, ensuring that your rights are protected throughout the process.

Contact Berwick Solicitors Today

For comprehensive support and expert legal representation in surgical negligence claims, contact Berwick Solicitors. Let us help you navigate the challenges of your claim with expertise and compassion, striving to secure the justice and compensation you rightfully deserve.

Medical Negligence Solicitors

For expert guidance and comprehensive support on handling medical negligence claims in Ireland, refer to our medical negligence solicitors page. Our dedicated team, with extensive experience across a wide range of medical negligence cases, is committed to delivering the justice and compensation you are entitled to. We provide detailed information and resources to assist you through this challenging process, ensuring you have the representation you need.


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Berwick Solicitors | Your medical negligence specialists.