What is a Surgical Errors Claim?
Surgical error claims cover harm caused by errors in operative technique, consent failures, incorrect procedure, operation on the wrong site or patient, retained foreign bodies, and substandard post-operative management. These cases require careful expert review because distinguishing between a known complication and negligence is specialist work.
Am I Entitled to Claim?
You may have a claim if the surgeon fell below the standard of a reasonably competent surgeon in their specialty and the error caused you harm. Consent cases turn on whether the risks you experienced were adequately explained before you agreed to proceed. Retained surgical items are usually prima facie evidence of negligence.
Step-by-Step Process
Request All Records
Hospital records, theatre notes, operation notes, and consent forms.
Contact Keans
Free consultation. We assess the facts against the standard of care.
Specialist Expert
We instruct a consultant in the same specialty to review the operative notes.
Letter of Claim
Formal letter to the hospital and its insurer, usually the State Claims Agency for public hospitals.
High Court Proceedings
Complex surgical cases issue in the High Court.
Settlement or Trial
Most cases settle once expert reports are exchanged.
Evidence That Strengthens Your Claim
The stronger the evidence, the more straightforward the claim. Where possible, gather the following:
- Full medical records from the GP, hospital, or clinic in question
- Copies of any consent forms you signed
- Prescription and medication records
- Correspondence between doctors, consultants, and your GP
- A detailed personal account of symptoms, treatment, and conversations
- Records of any complaint submitted to the HSE or the Medical Council
- Reports from any independent medical experts consulted since
- Complete operation notes and theatre records
- Signed consent form and pre-operative information provided
- Post-operative nursing notes
Compensation Ranges
Surgical compensation is heavily fact-dependent. We instruct the right surgical sub-specialty expert for each case.
Frequently Asked Questions
No. Signing a consent form does not absolve the surgeon of negligence. The consent covers recognised risks disclosed at the time. If the harm resulted from the surgeon falling below the standard of care, consent does not bar a claim.
Get an independent expert review before accepting that conclusion. "Bad luck" and "negligence" can look identical to the patient. A surgeon in the same specialty, independent of the treating hospital, is the only reliable judge.
Sometimes, under EU rules or international law. The proper venue for the claim depends on jurisdiction rules and the surgeon’s insurance position. We assess this carefully at consultation.
Not necessarily. The two-year period runs from the date you knew or should have known of the harm, which can be later than the surgery date. Surgical complications sometimes emerge slowly.
No. The initial consultation at Keans is free. For personal injury cases we discuss all fees in writing before work begins. In contentious business, Irish law prevents solicitors from calculating fees as a percentage of your award or settlement.
Most personal injury claims settle without a court hearing, either through the Injuries Resolution Board or through direct negotiation. If court is required, we prepare you carefully and represent you throughout.