Select Page

Have You Been Affected by General Surgery Negligence?

Undergoing surgery can be stressful—and facing complications due to surgical negligence mistakes can feel devastating. We understand you’re likely going through trauma, anxiety, and uncertainty. Our goal is to reduce overwhelm, offering clarity, compassion, and practical help—so you can focus on recovery, not legal stress.

Enquire TodayCall +353(0)12645555
surgical negligence

What is Surgical Medical Negligence?

Surgical negligence happens when a surgical team fails to meet the accepted standard of care, causing preventable harm.
  • Operating on the wrong site or patient
  • Leaving surgical tools or materials inside the body
  • Nerve damage or organ perforation
  • Anaesthesia errors (overdose, awareness, incorrect type)
  • Incorrect or unnecessary surgery
  • Medication or anaesthesia errors
  • Poor hygiene leading to infection
  • Insufficient post-operative care
  • Failure to monitor for or respond to complications

 

Discuss Your Case With Our Medical Negligence Solicitors

Speak to our legal team now about your case. Call us
Freephone on:
+353 (0)1 264 5555

How Does Surgical Negligence Occur?

Surgical errors can result from a range of avoidable issues, including:
  • Inadequate pre-operative assessment
  • Miscommunication between medical teams
  • Poor surgical planning or execution
  • Lack of attention during surgery
  • Faulty or unsterile surgical equipment
  • Incomplete follow-up care
  • Poor record keeping or lost test results

Medical Negligence Claims

Cosmetic Surgery Claims

  • Cosmetic Surgery Claims
  • Blepharoplasty Claims
  • Rhinoplasty Claims
  • Liposuction Error Claims
  • Gastric Band Surgery

Medical Care and Surgery Claims

Birth & Gynaecological Claims

  • Birth Injury Claims
  • Cerebral Palsy Claims
  • Erb’s Palsy Disorder Claims
  • Gynaecological Injury Claims
  • Obstetric Injury Claims
  • Forceps Injury Claims
  • Perineal Tear Injury Claims

Oncology Claims

 

How We Work: Step By Step Process

A medical negligence claim typically moves through investigation, expert assessment, pre‑litigation steps and then, if not resolved, formal court proceedings and potential trial. In Ireland these claims usually bypass PIAB and issue directly in the courts due to their complexity.

1. Initial investigation

- Take a detailed history of treatment, symptoms, and alleged failings, and identify potential defendants (GP, consultant, hospital, HSE, private clinic).

- Obtain and review all relevant medical records, imaging and test results, along with any prior complaints or correspondence.

2. Expert opinion and case assessment

- Instruct an appropriately qualified independent medical expert to address both negligence (substandard care) and causation (did that substandard care cause the injury).

- Only if a supportive expert report is obtained will a solicitor typically advise proceeding with a medical negligence claim.

3. Pre‑action steps

- Send a detailed letter of claim to the practitioner/hospital/HSE, setting out the alleged negligence, injuries, and inviting proposals to settle; protocols increasingly encourage early disclosure and ADR.

- Allow time for a reasoned response (admissions/denials, records and possibly expert reports) and explore negotiation or mediation where appropriate.

4. Issuing proceedings

- Draft and issue a Personal Injuries Summons (or equivalent originating document), usually in the High Court, pleading the factual narrative, alleged breaches, causation and loss, supported by the expert opinion.

- Serve proceedings on the defendants, who will enter an Appearance and Defence, often accompanied by their own expert reports; further condition and prognosis reports may be obtained as the case progresses.

5. Case management, resolution or trial

- Engage in discovery, exchange of witness and expert reports, and attend case‑management or clinical negligence list reviews, with ongoing settlement discussions or ADR.

- If not resolved, proceed to trial where the judge assesses expert and lay evidence on breach, causation and quantum, and awards or dismisses the claim; limitation is generally two years from the date of injury or knowledge, subject to special rules for minors.

Because your story matters-just like theirs ..

Thank you so much Guys !!
I am writing this review as an absolute necessity as I cannot let the work done by Gibson and associates to go by without acknowledgement. I would recommend this firm to anybody in need of legal assistance.

I want to single out Ms Anna O Donoghue for a special thank you for exceptional knowledge and the professionalism needed for the complexity of these cases that we brought to Gibson and associates, Thank you Anna, we would have been lost without you.

Also a massive thank you to our amazing barrister Mr John Kerr BL, unbelievable professionalism honesty and knowledge and a great result for us . Thank you all for the hard work you all did for us Sinead Ivory and the team at Gibson and associates.

Michael Waters

Always kept me updated throughout the case and very happy with their work .

Keith Ahern

Pleasure to deal with!
Gibson & Assoiciates are pleasure to deal with, they where very helpful from the start and provided great communication all the way through my case and where always available when I needed them, especially Jessica who always found the time to provide me with updates. 5 star service!

Joe

Great service provided over the long process, caused by post pandemic backlog in court. Great contact and frequent updates gathered from company representative. Very kind and helpful assistance received. Definitely recommend Gibson and Associates LLP to care about your cases.

JJakub Babiarz

Where can Medical Negligence occur?

Public & Private Hospitals

Public & Private Maternity Wards

Public Cosmetic Hospitals

Dental Surgeries

Opticians

Time Limits for Medical Negligence Claims in Ireland

You have two years to start a medical negligence claim* from the date of injury or from when you became aware of the negligence (“date of knowledge”).

For children, a claim can be made any time before they turn 18, after which they have two years to claim themselves.

If the injury isn’t discovered immediately, the time limit may begin from the date it was identified by a doctor or medical expert

Why you can trust Gibson & Associates LLP

Client-Focused Results

If your case qualifies, we’ll pursue it with determination and diligence to get the best possible result for you

Clear & Honest Guidance

We offer transparent, straightforward advice on the strength of your case and the likely outcomes—no legal jargon.

Accredited & Trusted

We are proud members of the Law Society of Ireland, delivering expert legal services with integrity and care.

Experienced Personal Injury Solicitors

Our dedicated team has years of experience handling personal injury claims — from road traffic accidents to workplace injuries.

Experienced Surgical Negligence? Gibson & Associates Can Support You

1. Compassionate First Contact

We begin with a free, confidential chat—you tell your story at your own pace. We don’t pressure you to decide immediately; we’re here to listen.

2. Medical Review with Trusted Experts

If your situation aligns with possible negligence, we:
If potential negligence is identified, we collect your HSE or private hospital records and work with independent medical experts to uncover whether standards were breached and how it impacted you.

3. Handle the Legal Journey for You

Legal claims can feel overwhelming. We manage every part:

  • Formal requests for medical documentation and records
  • Expert medical and legal reports
  • Communication with hospitals and insurers
  • Negotiation or court representation (most settle before trial)

You stay informed—but we protect your time and energy.

 

4. Clear, Compassionate Communication

We explain every step in everyday language—no jargon. We break down each stage, explain choices clearly, and make sure you always know why we’re moving forward and when.

5. Claiming What You Deserve

Compensation may include:
General damages for pain, suffering, and loss of lifestyle.

Special damages for treatment costs, rehabilitation, home support, lost earnings, and travel

Unsure where to start after experiencing Surgical Negligence? Here are some Gentle Steps for You Right Now

  • Pause and seek support. Your recovery is the priority—lean on trusted family, friends, or support services.
  • Collect any records you have. Even notes or receipts could be meaningful later.
  • Reach out when you’re ready. We offer free initial chats to explain timelines (including the 2‑year deadline from awareness of harm) and what a claim might involve.
  • Respect your pace. There is no pressure to proceed; we’re here to support you when you choose.

    Common Types of Surgery

    Surgical negligence can occur across all forms of surgery but some of the more common procedures that can present grounds for a negligence claim include:
    • Caesarean sections, or caesarean deliveries, in childbirth.
    • Heart surgeries including coronary artery bypass grafting (CABG), heart valve repairs and heart transplants.
    • Other organ replacement surgeries including kidney, liver, lung and pancreas transplants
    • Bariatric surgeries including gastric bypasses and other procedures designed to induce weight-loss.
    • Appendectomy: Removal of the appendix
    • Hernia repair: Treating weak spots in the abdominal wall
    • Cholecystectomy: Gallbladder removal
    • Stomach and intestinal surgery: Treating blockages, ulcers, or tumours
    • Joint replacement surgeries, or joint replacement arthroplasty, including total knee and hip replacements.
    • Brain surgeries including craniotomies designed to remove tumours, biopsies and cerebral aneurysm repairs.
    • Various orthopaedic surgeries including bone tumour surgery and rheumatoid surgery.
    • Breast surgery: Mastectomies and lumpectomies
    • Thyroid surgery: Often performed for thyroid nodules or cancer
    • Skin lesion removals and biopsies: Minor but important procedures
    • Emergency trauma surgery: Addressing urgent injuries
      These procedures are often vital for improving or saving lives. Because of their importance, they must be carried out with precision and care. When mistakes happen, the results can be life-altering.

      How We Support You Through Your Recovery from Surgical Negligence

      If you feel you are the victim of surgical negligence, or that your health suffered as a result of negligence on the part of a medical professional, it may be helpful to get in touch with an experienced solicitor in order to have your case assessed.

      At Gibson & Associates LLP, we offer specialist knowledge to Irish claimants in cases of surgical negligence, and we can assess your case for compensation with the utmost care and attention to detail.

      Book a FREE consultation

      Medical Assessment

      Arranging medical assessment to identify your needs.

      Handling Communications

      Handling all communication throughout the process

      Exploring Legal Options

      Exploring options to help you decide what is best for you

      Court Representation

      Representing you in court if this is needed

        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.

        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.

        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.

        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.

        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.
          These procedures are often vital for improving or saving lives. Because of their importance, they must be carried out with precision and care. When mistakes happen, the results can be life-altering.

          Our Dedicated Medical Negligence Team

          Daireann Gibson
          Managing Partner

          Amanda Walsh
          Partner

          Anna O’Donoghue
          Solicitor

          Blathin Cassidy
          Soilcitor

          Sarah McDaid
          Senior Legal Executive

          Medical Negligence FAQ's

          1. Is there a time limit before engaging with a solicitor?

          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.

          2. 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.

          3. 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.

          4. 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.

          5. 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.

          Medical Negligence

          Birth Injury Claims: What Parents Need to Know in Ireland

          Birth Injury Claims: What Parents Need to Know in Ireland

          Birth injuries can have lifelong consequences for both child and parent. If medical negligence is suspected—such as delayed Caesarean sections or mismanaged labour—parents may be entitled to pursue a claim. In Ireland, claims can be made on behalf of the child or mother, with extended time limits applying to minors.

          read more
          See all our medical negligence blogs...

          Case Studies

          Medical Negligence FAQ's

          1. Is there a time limit before engaging a solicitor for my potential medical negligence action?

          There is no separate deadline for engaging a solicitor in Ireland, but medical negligence actions are generally subject to a two-year limitation period. Seeking legal advice as early as possible is important, as investigating a case requires obtaining medical records, consulting experts, and preparing evidence before any limitation period expires.

          2. What can I recover by way of compensation if my case succeeds?

          Compensation depends on the circumstances of your case and may include damages for pain and suffering, medical expenses, loss of earnings, care costs, rehabilitation, travel expenses, and other financial losses caused by the negligence. In some cases, compensation may also cover future treatment needs and ongoing losses.

          3. How do I access my medical records?

          We can request your medical records on your behalf once you sign a form of authority. This allows us to obtain records directly from hospitals, GPs, consultants, and other healthcare providers involved in your treatment. Reviewing these records is often an essential first step when investigating a potential claim.

          4. What does ‘No Win, No Fee’ mean?

          A No Win, No Fee arrangement means we will not charge for our professional legal services if your case is unsuccessful, subject to the terms of our agreement. However, certain expenses, such as expert reports, medical records, and court fees, may still be payable unless otherwise agreed in writing.

          5. How long will a Medical Negligence Claim take?

          There is no fixed timeframe for a medical negligence claim. The process can take months or several years, depending on the complexity of the case, the availability of medical evidence, whether liability is disputed, and if court proceedings are required. We will keep you updated throughout the process and progress your case as efficiently as possible.