General Surgery Medical Negligence

A mistake during general surgery can cause lasting pain and complications while taking a significant emotional and financial toll on your life.

Our expert medical negligence team is dedicated to providing the insight and expertise you need to navigate medical negligence in general surgery. For a confidential discussion about your general surgery experience, please call us now or book an appointment online.

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Surgeons in blue gowns and masks performing an operation under bright surgical lights, with focus on their hands—representing the context of general surgery and potential medical negligence.

Understanding General Surgery Medical Negligence

General surgery medical negligence occurs when a healthcare professional, such as a surgeon, fails to provide the standard of care expected during a surgical procedure and harms the patient. Examples include mistakes during surgery and substandard pre-operative or post-operative care.

General surgery medical negligence can have profound and lasting effects on a patient’s life. Physical consequences can include pain, prolonged recovery periods, and the need for additional surgeries to correct mistakes. In more serious cases, it can lead to permanent disability or life-threatening complications. Beyond the physical impact, medical negligence can also take a heavy emotional and psychological toll. Patients may experience anxiety, depression, and a loss of trust in healthcare providers. The financial burden of ongoing medical treatments, rehabilitation, and lost income can also be overwhelming. The ripple effect of such negligence can extend to the patient’s family and affect their quality of life.

Medical Negligence and Duty of Care

Every medical professional, including surgeons and healthcare providers, has a duty of care towards their patients. This means they are legally and ethically obligated to provide a standard of care that a competent professional in the same field would provide under similar circumstances. The duty of care encompasses everything from accurate diagnosis and proper surgical techniques to post-operative monitoring and follow-up care.

When a healthcare provider breaches this duty of care, it is considered medical negligence. For instance, if a surgeon performs the wrong procedure or fails to monitor a patient’s vital signs during recovery adequately, this breach can cause significant harm. In legal terms, if this breach directly results in injury or worsens the patient’s condition, this could be considered medical negligence.

What Procedures Are Considered General Surgery?

General surgery covers a broad range of surgical procedures. Common types of general surgery include appendectomies (removal of the appendix), hernia repairs, gallbladder removals (cholecystectomy), and surgeries involving the stomach and intestines. Additionally, general surgeons often perform breast surgeries, such as mastectomies or lumpectomies, and thyroid surgeries. They may also handle procedures related to trauma, where immediate surgical intervention is required, and minor surgical procedures, such as skin lesion removals and biopsies.

General surgery procedures are often critical to a patient’s health and well-being, making it essential to perform with the utmost care and precision. When errors occur during these procedures, the consequences can be severe, leading to prolonged pain, additional surgeries, or more serious health complications. Understanding what constitutes general surgery and the potential risks involved highlights the importance of the duty of care surgeons and healthcare providers owe to their patients.

What Causes General Surgery Medical Negligence?

General surgery medical negligence can arise from various situations where the expected standard of care is unmet. Some common examples include:

Surgical Errors: Mistakes made during surgery are a leading cause of medical negligence. This can include operating on the wrong body part, leaving surgical instruments inside the patient, or causing unintended damage to surrounding organs or tissues. Errors like these can lead to severe complications, requiring additional surgeries or prolonged recovery times.
Inadequate Pre-operative Assessment: Patients should undergo thorough evaluations to identify any risks or underlying conditions before surgery. Failing to properly assess a patient’s medical history, allergies, or current medications can lead to complications during or after surgery. For example, not recognising a patient’s bleeding disorder could result in life-threatening issues during the procedure.
Improper Sterilisation and Infection Risks: Infection control demands that all surgical instruments and operating environments be adequately sterilised before surgery. Failing to sterilise correctly can lead to severe post-operative infections, which can cause significant harm or even be life-threatening. Improper sterilisation might result from inadequate cleaning procedures, using contaminated instruments, or failing to maintain a sterile environment in the operating theatre.
Communication Failures: Effective communication among the surgical team is crucial. Miscommunication about the surgical plan, patient’s condition, or post-operative care instructions can lead to serious mistakes. For example, if a surgeon and anaesthesiologist are not on the same page regarding the patient’s needs, this can result in errors and potential harm.
Substandard Post-operative Care: Patients require careful monitoring after surgery to ensure a successful recovery. Negligence in this phase might include failing to recognise signs of infection, internal bleeding, or other complications. Delayed or improper responses to these issues can cause further harm to the patient.

About Gibson & Associates LLP
Leading Medical Negligence Solicitors

Errors or substandard care in general surgery can result in long-lasting and complex health challenges. Patients may face physical pain, long recovery times, or permanent injuries, which can impact their day-to-day lives. Beyond the physical toll, the emotional strain of dealing with medical negligence can be overwhelming, often leading to anxiety, stress, and a loss of trust in the medical system. Financial burdens, including additional medical costs and lost wages, add to the patient’s stress. At Gibson & Associates LLP, we understand how overwhelming this experience can be.

Our specialist medical negligence team is dedicated to providing expert legal advice, guiding you through your options, and managing every aspect of your case. We aim to relieve you of the stress and burden of the legal process, allowing you to focus on your recovery. With our experience and insight, you can trust that we will strive to achieve the best possible outcome for your situation.

Please call us today on 01 264 5555. for personalised advice about your situation.

How to Prove General Surgery Medical Negligence

To show medical negligence in general surgery has occurred, you must prove the care provided was not up to the standard expected from healthcare professionals, and that this failure directly caused your health issues. This requires thorough evidence, including your medical records, which should document the details of your treatment, surgery, and follow-up care. These records are crucial in identifying any deviations from accepted medical practices, such as surgery errors, inadequate sterilisation, or substandard post-operative care that led to complications.

Obtaining an expert medical opinion is often a vital component of this process. Medical professionals, particularly those experienced in surgery, can evaluate the care you received, pointing out specific instances where it may have fallen short. Their insights help clarify how the healthcare provider’s actions or inactions did not align with established standards. It’s important to illustrate how this substandard care has affected your health and overall well-being. This may include detailing any deterioration in your condition, the development of new health concerns, or the emotional and psychological impact of the experience. It is vital to establish a clear link between the care you received and its negative consequences.

At Gibson & Associates LLP, we’re dedicated to guiding you through this challenging process. Our knowledgeable team will assist you in gathering the necessary evidence, developing a strong case, and ensuring that your concerns are addressed with the expertise and attention they deserve.

For a confidential discussion about your situation, please reach out to our team on 01 264 5555.

Frequently Asked Questions

Is there a time limit on making a claim?

Legal proceedings must be commenced within two years of the date of knowledge of the injury, subject to certain exceptions. In a lawsuit, the ‘date of knowledge’ refers to the date on which the plaintiff knew or ought to have known that he or she had suffered an injury.

An important exception is in the case of persons under the age of 18, who are described in law as minors or infants. For minors, the Statute of Limitations ‘clock’ does not begin until a child reaches their eighteenth birthday. For more information see Child Injury Claims.

What will compensation cover?

Compensation for a brain injury claim may cover medical expenses, lost wages, future medical bills, future lost earnings, and will take into account the impact of the injury on the individual’s quality of life. Our brain injury solicitors assess each case thoroughly to determine an outcome that is in your best interests.

How do I access my medical records?

A copy of your medical records can be requested from the hospital, clinic, or medical professional that treated you under the Freedom of Information Act. Alternatively, we can arrange to obtain a copy of your records on your behalf; to do so, you will need to sign an authority form that gives us permission to obtain your records.

What does 'No Win, No Fee' mean?

The concept of “no win, no fee” (also known as “no foal, no fee”) is common practice among solicitors in Ireland. Under this type of agreement, the solicitor will take on your personal injury or any other type of case, and if the case isn’t won, the solicitor won’t charge you a fee. The sole purpose of “no win, no fee” is to give you the legal power to pursue a claim regardless of your financial state or legal experience.

How long will the medical negligence claim take?

As a term used in personal injury litigation, general damages refer to the amount placed on the victim’s pain and suffering, which may include psychological trauma, loss of consortium, etc. In essence, general damages relate to non-monetary losses suffered by the claimant and which are not capable of exact quantification.

The term special damages refers to monetary losses that are quantifiable, such as medical treatment expenses or income loss that has been certified. These are consequential financial losses suffered by you which are directly to the negligent treatment and harm caused.

In other words, these are ‘out-of-pocket’ expenses incurred which might also include the cost of corrective surgery or treatment, medication, rehabilitation costs, travel expenses, and so on.

How we support you

How do I make a claim?

Once your solicitor has gathered the information they need about your case, you can then submit your claim. It is very important a solicitor that specialises in medical negligence files your claim.

Discuss your case with our Medical Negligence Solicitors

If you feel you didn’t receive the right treatment from a medical professional and it resulted in an injury or worsening of an illness, you need to consult a medical negligence solicitor immediately following the incident.

Under Irish law, filing a medical negligence claim can be complex.
It is important to discuss your claim with a specialist medical negligence solicitor before filing to ensure every detail of your case is thoroughly scrutinised.
Your claim could be delayed if you file it without consulting a solicitor first.
You can find out about the time limit associated with your medical negligence claim with help from a solicitor.

Obtaining all relevant medical records before filing for a claim

A medical negligence claim must prove that your injury or worsened health outcomes were caused by physician or facility providing your care. To help build your case, your solicitor will request access to your medical records and obtain any other relevant documents needed.

Obtaining Expert Report

Once your solicitor has compiled your medical reports, they will enlist a third-party medical expert to assess them. This assessment will determine whether you received substandard medical care and if negligence applies. The assessment of your medical records needs to prove that if you had received the right medical care, the outcome of the error or mistake might have been avoided.

Letter of Claim

If the third-party medical expert determines that medical malpractice has occurred, your solicitor will draft a Letter of Claim. The purpose of a Letter of Claim is to outline the nature of your case and to invite the medical practitioner to settle it and agree to financial compensation. The response to your Letter of Claim will determine whether your case will be brought to court or settled out of court. While this may sound daunting, your solicitor at Gibson & Associates LLP will be by your side to guide you through each step of the legal process.

Call us now for specialist medical negligence advice

We understand that when general surgery goes wrong, it can impact every aspect of your life and plans for the future. Our experienced team of medical negligence specialists can help advise you about your options. We approach each case with empathy and a deep understanding of our clients’ challenges.

From the moment you reach out to us, we will handle your case with the attention and dedication it deserves, allowing you to focus on healing while we work tirelessly to protect your interests. If you believe you’ve been affected by general surgery medical negligence, call us today at 01 264 5555 for personalised advice, or book an appointment online for a time that suits you.