Medical Negligence*

Eyelid Surgery (Blepharoplasty) Claims*

Eyelid surgery (blepharoplasty) is a common type of cosmetic surgery. It can be a very invasive procedure and is generally carried out to remove excess skin from around the eye or to reduce bagginess.

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A Complicated Surgery

This surgery can also be used to restore functionality of the eyelid. Blepharoplasty can be carried out on both the upper and lower eyelids. As this surgery can be quite complicated it is important that it is only carried out by a fully qualified professional who is aware of the risks and complications associated with the surgery. In some cases, injuries may be sustained due to an error during surgery or failing to provide adequate aftercare. These types of errors may be classed as medical negligence* and as a result, are treated differently to other personal injury claims*.

The most important part of any surgery is choosing the right medical practitioner to carry out the job. It is important that they are fully trained and have adequate experience in this field due to the delicate and invasive nature of this procedure. An untrained practitioner is more likely to make an error during surgery which could result in an injury. If it is found that they acted in a negligent manner and failed to show a reasonable level of duty of care, they may be found liable. Medical practitioners are responsible for ensuring the health and safety of all patients during their treatment. This also includes the aftercare and recovery period.

Negligent Behaviour

Types of negligent behaviour include:

  • Failing to carry out an assessment prior to surgery
  • Errors during surgery
  • Failing to provide the correct results
  • Substandard care during and after the surgery
  • Anaesthesia errors
  • Misdiagnosis of injury

Common Injuries

Common types of injuries sustained in eyelid surgery claims include:

  • Swelling and bruising
  • Infection
  • Damage to the cornea
  • Double vision
  • Optic nerve damage
  • Haemorrhage leading to bleeding in the eye socket
  • Droopy eyelid
  • Difficulty in closing the eyes
  • Scarring
  • Blindness or partial loss of vision
  • Dryness and itchiness of eyes

Causes

Failing to Carry Out an Assessment Prior to Surgery

Failing to assess the patient prior to carrying out surgery could lead to injuries. This is an important step in the process as you can determine if they are a suitable candidate for this surgery. This also makes the practitioner aware of any medical conditions or allergies the patient may have which could cause an issue if certain equipment is used.

Failing to Advise the Patient

One of the most important parts of any treatment or surgery is ensuring that the patient is made aware of any potential risks or complications associated with eyelid surgery. This allows them to make their own decision on whether they would like to proceed with surgery. Failing to advise patients is a type of negligence which could lead to a claim being made against the medical practitioner.

Anaesthesia Errors

In most cases, a patient is treated with anaesthesia prior to undergoing surgery. This helps to numb the area so that the patient does not feel any pain or discomfort. However, an incorrect dosage leads to the patient being aware of their surroundings but with no mobility, can cause brain damage and nerve damage. This can also mean that the patient may still feel pain during their surgery as a result. This is a common type of medical negligence* which is the fault of the medical practitioner. This can cause errors during the surgery and can also create further issues and injuries.

Inexperienced Medical Practitioner

Junior members of the medical team are more likely to know less knowledge and have little experience in dealing with this surgery and the complications it can present. If left unsupervised the risk of a surgery error or injury can increase. Inexperience is a leading cause of many medical negligence errors. Due to the complicated nature of this procedure, it is advised that it is carried out by an experienced practitioner who has extensive knowledge in this field.

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Our helpful team

Need Help? Just Ask.

For more information and a confidential discussion on your medical negligence claim*, call Paul Tracey, Head Medical Negligence Solicitor, on +353 1 649 9900 and tell him about your medical malpractice case or reach out via email to ask@traceysolicitors.ie and he can call you back.

How do I make a claim?

Once you have gathered all the relevant information in relation to your injury it is then time to move forward with your claim. It is important to use a specialist medical negligence* solicitor to help you with this.

  1. Speak with a solicitor

    If you feel that you were not provided with appropriate medical treatment whilst under the care of a medical professional which resulted in injury due to the actions or in-actions of a medical professional, then speaking with a medical negligence solicitor* following the injury is imperative. Medical negligence is a complex topic in Irish law. Speak to a medical negligence solicitor when bringing a claim forward. This ensures that no essential steps are missed throughout the legal process. Bringing a claim forward without having spoken to a solicitor can delay your claims procedure. A solicitor can help to determine your medical negligence time limit claim.

  2. Obtain medical records

    In order to make a claim*, it must be established and proven that the injury sustained was caused by the medical negligence* of the doctor or medical staff tasked with your medical care. Therefore, after having spoken with you about your case, your solicitor will then request access to your medical records. At this stage, the solicitor will have your medical records assessed by an independent medical expert. This will help determine whether a surgeon or medical staff who treated you had, in fact, administered substandard medical care and if negligence* was the cause of the injury and if your injuries/outcome could have been avoided if the appropriate level of medical care had been adhered to.

  3. Letter of Claim

    If the independent medical expert has concluded that medical negligence has occurred, then your solicitor will draft a Letter of Claim to the medical practitioner who treated you. A Letter of Claim will outline the nature of your case and invites the medical practitioner to settle your case. The next steps involved are heavily dependent on your case and response to your Letter of Claim and will determine whether your case will be brought to court or settled outside of court. Your solicitor will be on hand every step of the way to guide you through this process.

At Tracey Solicitors, our dedicated medical negligence solicitors* have years of experience in helping people deal with traumatic medical injury claims. We understand the injuries, both physically and emotionally, that you have suffered and have supported and helped many people in similar situations proceed with medical negligence claims* in Ireland over the past 30 years.

For more information and a confidential discussion on your medical injury claim, phone 01 649 9900 or email ask@traceysolicitors.ie to tell us about your case, where you can speak with a member of our team straight away.

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Case Settlement

If you are to proceed with a medical negligence claim* you may be entitled to claim compensation for the accident and added expenses, you may have incurred. These claims are called damages.

General Damages

General damages are non-financial damages such as pain and suffering and/or physical and emotional injuries following a medical negligence injury*.

Special Damages

Special damages are out of pocket expenses incurred as a result of the medical negligence injury*, for example, loss of earnings (if you are out of work), medical bills, added travel costs as a result of the accident (for example, travel to and from the hospital) and future care costs. Learn more about Special Damages

What are the Legal Time Limits?

The statute of limitations are the legal time limits on how long you have to make a claim vary depending on the situation. When taking into account how long medical negligence claims take, it is important to remember that medical negligence cases* require certain time frames in place within which you can bring a claim. For medical negligence claims* it is two years less a day following the date of the incident or two years less a day following the date that a person made the connection that their illness or injuries were a result of medical negligence*. Contacting a solicitor to discuss your case will help you in determining how long you have left to make a claim.

Medical Negligence* Involving Children

In an unfortunate incident where a child is subject to medical negligence*, the process of making a claim differs from that of an adult. A minor can bring a claim forward in the first two years following their 18th birthday.

Learn more about Legal Time Limits

About Tracey Solicitors

We draw on more than 30 years of experience in personal injury law to provide you with expert advice and legal services.

We’re here to help you with your claim, and will work with you to ensure you understand every step of your legal journey.

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