I recently experienced pain after a kidney operation and it was found that swabs were left there – what is the Statute of Limitations for a claim for swabs in patient after operation?
A claim for swabs in patient after operation will be possible if it is found that medical negligence* has been a factor in your injury. However this is not always easy to determine and for this reason a medical negligence* claim should always be pursued with the assistance of a personal injury* solicitor, who should be contacted at the earliest opportunity following your diagnosis of an injury from swabs left in patient after operation. This should be done as not only does the Statute of Limitations place a time limit upon making a claim, but medical negligence* claims can be difficult to navigate – even if liability seems clear for an accident from swabs left in patient after operation. By consulting a personal injury* solicitor you can have your accident professionally assessed by medical experts and it can be determined whether you can claim compensation for swabs in patient after operation.
Generally, the Statute of Limitations for a claim for swabs in patient after operation is two years, although this may not always be the situation. This two year limit will begin upon the “date of knowledge” on which you became aware of your injury from swabs left in patient after operation. This is unlikely to have been the day upon which your operation and injury occurred if you did not notice discomfort for a period of time afterwards and for this reason the date of knowledge for your accident from swabs left in patient after operation will begin upon the date on which you were diagnosed with your injury. However it should be noted that medical attention should be sought at the earliest possible opportunity to strengthen your claim for compensation for swabs in patient after operation.
The Statute of Limitations for a claim for swabs in patient after operation may be slightly different if a child is involved. A child – under Irish law – cannot initiate a claim for an injury from swabs left in patient after operation until they have reached the age of majority at eighteen, from which they will have two years to make a claim. However compensation for swabs in patient after operation may be required before then and for this reason a claim can be initiated by a parent or guardian at any stage between the diagnosis and the child’s eighteenth birthday. Although a claim for an accident from swabs left in patient after operation can be made for a child at any stage between their injury and their twentieth birthday, you are advised to pursue compensation as soon as possible, as evidence may become misplaced over time.
Pursuing compensation for swabs in patient after operation can be difficult and is best achieved with the assistance of a personal injury* solicitor. A solicitor will guide you through the procedures required to claim for an accident from swabs left in patient after operation, calculate the compensation to which you may be entitled and help provide medical verification of your medical negligence*. Claiming for an injury from swabs left in patient after operation will not always be easy, but provided that evidence can be gathered in order to make a claim it may be possible. For this reason you are advised to consult a personal injury* solicitor at the earliest opportunity to make a claim for swabs in patient after operation.