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Compensation for a Medical Procedure Error

Is it possible to claim compensation for a medical procedure error in hospital which resulted in me having unnecessary surgery?

You should be eligible to claim compensation for a medical procedure error if you have undergone surgery due to the misdiagnosis of a medical condition, if you had an operation that was intended for another patient or if there were conservative treatments to treat your condition which would have been more appropriate under the circumstances.

Without further information on the exact nature of the error, it is not possible to tell you if it you will be entitled to make medical procedure error claims against the hospital or HSE. You will therefore need to contact a personal injury* solicitor with experience in dealing with medical negligence* claims to have your case assessed.

Once you have explained about the condition for which you were due to receive treatment, the procedure that was performed and why you believe it to have been unnecessary, a solicitor should be able to give you an indication as to whether a claim for unnecessary surgery is possible and if it is likely to be worth your while taking legal action to recover compensation.

In the majority of cases when medical negligence* is suspected, it is not possible for a solicitor to confirm the right to make a claim compensation for a medical procedure error until a full investigation of the case has been conducted. A solicitor will need to write to all parties involved, including the surgeon, the hospital and your GP, to establish why the medical procedure was arranged. If a mistake was made resulting in you having an incorrect surgical procedure performed, a solicitor will need to find out how the error was allowed to occur.

Medical procedure error claims for unnecessary surgery often involve negligence of more than one third party, and can even result from a catalogue of errors in a hospital, with negligent nurses, doctors and surgeons all implicated. Before it is possible to make a claim, all third parties at fault must be identified and the proportion to which each was responsible must be established.

Once the investigation of your case has been completed, your case will need to be referred to an independent medical expert to confirm whether, under the circumstances, the error involved medical negligence* and the unnecessary surgery constituted a failure in a duty of care of the hospital, surgeon or your GP for recommending a particular treatment.

If you are entitled to make a claim for unnecessary surgery, your solicitor will calculate the amount of compensation you are entitled to claim and will factor in recompense for your pain and suffering, the inconvenience of having surgery and any lost earnings and any other expenses you have incurred. You will also be given an indication of the probability of your claim being successful, and you can then decide whether it will be worth your while to proceed with legal action.