Surgical Negligence Claims

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Surgery is a significant event in anyone’s life. It promises relief, recovery, or improvement, but when things go wrong due to negligence, the consequences are devastating. If you or a loved one has experienced harm because of surgical negligence, Good & Murray Smith LLP is here to provide expert legal guidance and help you secure the justice you deserve.

What Is Surgical Negligence?

Surgical negligence happens when a healthcare provider fails to deliver the standard of care expected during a procedure, resulting in injury or harm. It may involve:

  • Errors during surgery, such as wrong-site surgery or accidental damage to internal organs.
  • Infections caused by inadequate hygiene or sterilisation.
  • Anaesthesia mistakes, leading to complications or even permanent injury.
  • Failing to provide adequate postoperative care or follow-up.


This type of negligence can cause physical pain, emotional trauma, and financial burden, often leaving patients and families uncertain about the future.

Examples of Surgical Negligence

Surgical errors can occur in various settings, from complex hospital surgeries to routine outpatient procedures. Common examples include:

  • Wrong-site surgery: Operating on the wrong organ or body part, such as removing a healthy organ.
  • Instruments left inside: Tools such as sponges or clamps accidentally left in the body after surgery.
  • Inadequate infection control: Failing to maintain sterile conditions, resulting in infections or sepsis.
  • Organ damage: Accidental perforations or tears during surgery.
  • Postoperative neglect: Poor monitoring or treatment after surgery, leading to avoidable complications.


These mistakes are unacceptable and can have life-altering consequences.

Common Surgical Procedures Involved in Negligence Claims

Certain procedures are more commonly associated with negligence claims, such as:

  • Orthopaedic surgeries: Errors in joint replacements or spinal surgeries.
  • Cosmetic surgeries: Issues arising from elective procedures like liposuction or breast augmentation.
  • Gynaecological surgeries: Complications during hysterectomies or C-sections.
  • Emergency surgeries: Mishandling infections or sepsis following urgent procedures.


If you’ve been affected by surgical negligence, these incidents are not your fault. At Good & Murray Smith LLP, we ensure those responsible are held accountable.

How Do I Prove Surgical Negligence?

To build a successful claim, it’s essential to prove:

  • Duty of care: The surgeon or healthcare provider had a duty to deliver competent care.
  • Breach of duty: They failed to meet the standard expected in their profession.
  • Causation: The breach directly caused your injury or worsened your condition.
  • Damages: Evidence of the physical, emotional, and financial impact of the negligence.


Our team works with leading medical experts to review your case, ensuring every detail is meticulously examined to establish a strong foundation for your claim.

Compensation for Surgical Negligence

Compensation aims to help you rebuild your life after negligence. It typically includes:

  • General damages: For pain, suffering, and loss of quality of life.
  • Special damages: Covering financial losses, such as:
    • Medical expenses (e.g., corrective surgeries and rehabilitation).
    • Lost earnings or diminished earning capacity.
    • Future care and assistance.


Each case is unique, and our solicitors ensure your claim reflects the full extent of your suffering and needs.

What Is Informed Consent?

Informed consent means that patients are provided with clear and comprehensive information about their treatment, enabling them to make a well-informed decision. This includes details about:

  • The nature and purpose of the procedure.
  • Potential risks and complications, even if these are rare.
  • Expected benefits and likelihood of success.
  • Alternative treatments, including the option of no treatment.


This process is designed to empower patients to take control of their healthcare decisions.

The Role of Informed Consent in Surgical Negligence

Failure to obtain informed consent before surgery can have serious legal consequences, potentially leading to a claim for surgical negligence. If a patient suffers harm and was not adequately informed of the risks involved, they may have grounds to pursue compensation.

This is particularly significant in elective surgeries, such as cosmetic procedures, where the surgery may not be essential for health, yet carries its own risks. 

Standards and Legal Expectations

The standard for informed consent in Ireland follows a patient-centred approach. Healthcare providers must disclose all material risks that a reasonable patient would deem important when deciding to proceed with surgery. 

Exceptions to Informed Consent

In certain emergency situations where urgent treatment is needed to save a life or prevent serious harm, healthcare providers may proceed without explicit consent under the principle of necessity. However, as soon as the patient is able to participate in decision-making, they should be informed of the details of the treatment provided.

Informed Consent and Legal Claims

If a patient believes they were not properly informed about the risks associated with their surgery and this resulted in harm, they may have grounds to make a claim. Proving lack of informed consent requires demonstrating that the patient would not have consented to the procedure had they been fully aware of the associated risks.

Why Choose Good & Murray Smith LLP for Your Surgical Negligence Claim?

Specialist Expertise in Negligence Claims

With decades of experience, our solicitors successfully handle complex negligence claims, achieving life-changing outcomes for our clients.

Empathy and Understanding

We know this is an emotionally challenging time. Our team approaches every case with compassion, ensuring you feel supported every step of the way.

Proven Success

Our track record speaks for itself. We have recovered substantial settlements for clients, holding negligent parties accountable for their actions.

Access to Medical Experts

We collaborate with leading medical professionals to strengthen your case, providing authoritative insights and expert testimony.

Transparent and Accessible

Communication is key. We keep you informed, answer your questions promptly, and ensure you fully understand the legal process.

Frequently Asked Questions

Under Irish law, you generally have two years from the "date of knowledge" to bring a claim. For minors, this timeframe begins on their 18th birthday.

Compensation covers both general damages (pain and suffering) and special damages (financial losses). The amount depends on the severity of your injuries and their impact on your life.

Yes. If you were not fully informed of the risks or alternatives before surgery, and complications arose, you may have grounds for a claim.

You may be entitled to bring a claim for surgical negligence if you've suffered harm due to substandard medical care during a surgical procedure. This includes situations where the surgery was performed incorrectly, necessary procedures were omitted, or there was a failure to obtain informed consent.

To initiate a surgical negligence claim, consult a solicitor experienced in medical negligence. They will review your case, gather necessary medical records, and advise you on the viability of your claim.

Essential evidence includes:

  • Detailed medical records.
  • Expert medical reports confirming negligence.
  • Documentation of your injuries and related expenses.

The duration varies based on case complexity and whether it proceeds to court. Generally, it can take between two to four years to resolve.

Yes, you can pursue a surgical negligence claim regardless of whether the negligence occurred in a public or private hospital.

If you suspect surgical negligence:

  • Seek immediate medical attention to address any health concerns.
  • Consult a solicitor specialising in medical negligence to discuss your case.
  • Gather all relevant medical records and documentation.

Prompt action is crucial due to the statutory time limits for filing a claim.

Take the First Step Towards Justice

Suffering from surgical negligence can leave you feeling powerless, but you don’t have to face it alone. At Good & Murray Smith LLP, we are committed to fighting for your rights, holding negligent parties accountable, and helping you rebuild your life. Contact us to get started.

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For Expert Legal Advice on Medical Negligence Claims

If you or a loved one has suffered due to medical negligence, don’t delay. Good & Murray Smith LLP is here to support you. Contact us to arrange a consultation to review your case and guide you through the next steps.