General Surgery Claims *
General surgery can be performed as an emergency or as an elective procedure and the doctor performing the surgery will try their level best to ensure that the surgery is a success and is carried out as planned. Despite a doctors’ best endeavors, medical accidents can happen and it is important to recognise medical negligence early so that the effects of the medical accident can be rectified or reversed before progressing into a more serious or possible fatal matter.
Common Types of General Surgery Procedures
General surgery refers to the following procedures:
- Cosmetic Surgery
- Cardiac Procedures
- Abdominal procedures
- Gall bladder procedures
- Colon/liver/pancreas procedures
- Bile duct procedures
- Bowel procedures
- Keyhole Surgery/Laparoscopic surgery
Main causes of general surgery medical negligence *
General surgery covers a wide range of scenarios and procedures and each procedure comes with its own risks and possible side effects. Some of these procedures, while simple on paper, can be quite complicated. A whole new set of problems can be suffered by the patient if the surgery is incorrectly performed.
General surgery medical negligence refers to the following scenarios:
- Misdiagnosis of the patient’s conditions
- Failure to interpret x-rays, scans, MRIs correctly
- Carrying out unnecessary surgery following a misdiagnosis
- Failure to gain the patient’s consent to carry out the surgery (with the exception of emergency surgery)
- Misinformed risks associated with the procedure given to the patient
- Damage to internal organs
- Damage to nerves following the surgery
- Anaesthetic mistakes and errors before and during surgery or anaesthetic awareness
- Operating on the incorrect part of the body
- Failing to correctly monitor a patient during surgery (checking vital signs like blood pressure, pulse and oxygen levels)
- Leaving surgical instruments inside the body following surgery
- Poor results from surgery
- Poor aftercare
- Hospital-acquired infections
- Drug and medication errors following procedures
What legal remedies can I seek following general surgery medical negligence *?
1. Speak with a Medical Negligence Solicitor *
If you feel that you were not provided with the appropriate medical treatment before, during or after your surgery then speaking with a medical negligence solicitor as soon as possible after the general surgery is imperative. Medical negligence is a very complex topic in Irish law and attempting to bring a claim forward without having spoken to a solicitor specialising in general surgery claims may mean that you may miss a vital step of the process which could delay your claims procedure considerably.
2. Medical Records
In order to make general surgery medical negligence claim *, it must be established and proven that the injury sustained was caused by the medical negligence * of the doctor thattreatst you. 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 record assessed by an independent medical expert. This will help determine whether the surgeon who performed the procedure had, in fact, administered substandard medical care and if medical negligence had a hand in the outcome of your surgery 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 claim for compensation.
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.
Joanna (not her real name) underwent an operation to remove a cyst from her pancreas which was suspected of being cancerous in nature. The operation itself was successful and she was discharged home. Approximately 3 weeks later she attended her GP complaining of persistent pains in her stomach and abdomen postoperatively.
Upon examination of a CT scan, it was noted that there was an unidentified foreign object inside her which was causing her pain and distress for a number of weeks. The plaintiff underwent surgery and the foreign object was successfully removed and she went on to make a speedy recovery.
Her case settled against the hospital for approximately €20,000 within 4 months of initiating proceedings.
TELL US ABOUT YOUR MEDICAL NEGLIGENCE CASE
At Tracey Solicitors, our dedicated medical negligence solicitors have years of experience in general surgery claims. We understand the injuries (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 a confidential discussion, call Caoimhe McConnell, Head Medical Negligence Solicitor, on 01 649 9900 and tell her about your case or reach out via email to firstname.lastname@example.org and she can call you back.