Organ Perforation During Surgery Claims*

Perforation injuries most often arise during abdominal or pelvic operations. These include laparoscopic (keyhole) procedures where visibility is limited and instruments are inserted through small incisions. Without care and precision, it’s easy to damage an organ unintentionally. Some key causes include:

• Incorrect use of sharp or rigid instruments
• Applying too much force in delicate areas
• Failure to recognise anatomical variations
• Misidentifying organs during surgery
• Insufficient visibility or lighting during the procedure

Such errors are more likely to occur in longer surgeries, in patients with previous operations (where scar tissue may obscure anatomy), or where the surgical team lacks appropriate training or experience.

Not every perforation is noticed straight away. In some cases, the real harm arises from a failure to recognise or act on signs of injury, either during the operation or after it. For example:

• Bleeding may be dismissed as minor and not investigated
• Pain or fever after surgery might be misdiagnosed as a routine infection
• CT scans or blood tests may be delayed, even when symptoms are escalating
• Early signs of sepsis might be missed by busy or under-resourced hospital staff

Delayed recognition allows the condition to worsen. A small tear that could have been repaired may lead to widespread infection or irreversible damage.

While this type of injury can technically happen in any internal surgery, it is more frequently reported in:

• Gallbladder removal (cholecystectomy)
• Hernia repair (especially laparoscopic)
• Hysterectomy and gynaecological procedures
• Appendix removal (appendectomy)
• Bowel or colorectal surgery
• Kidney or bladder operations

In these cases, the bowel, bladder, ureter, uterus, or other structures are at risk of accidental damage.

At Crimmins Howard Solicitors, we look beyond the surface. If you or a loved one has experienced unexpected complications after surgery, we’ll help investigate whether something more serious happened, and whether it could have been avoided. We’ll pursue the answers you deserve and ensure your case is assessed on its full facts.

If a perforation is not recognised promptly, it may lead to:

• Peritonitis: inflammation of the abdominal lining, often requiring urgent surgery
• Sepsis: a severe and potentially fatal response to infection
• Abscess formation: pockets of infection that may need to be drained surgically
• Internal bleeding: especially in vascular organs like the bowel or uterus
• Organ failure: if the damage is extensive or not repaired quickly
• Complications from second or emergency surgeries

These conditions can escalate rapidly. Some patients are admitted to intensive care, while others require further operations and extended hospital stays.

For many people, the trauma does not end once the physical wound heals. The psychological effects of a surgical injury can linger for months or even years:

• Fear of undergoing future procedures
• Loss of trust in healthcare providers
• Anxiety or panic linked to medical environments
• Feelings of being dismissed or ignored when raising concerns
• Depression stemming from pain, lifestyle changes, or isolation

Even when doctors admit something went wrong, many patients feel left in the dark about what actually happened and why.

Aside from medical trauma, perforation injuries often lead to major disruptions in everyday life:

• Time off work, sometimes for months
• Travel costs for specialist follow-up care
• Family members needing to take time off to provide support
• Difficulty managing childcare or household responsibilities
• Ongoing treatment or counselling expenses not covered by the public system

When life is turned upside down by a medical mistake, the pressure is not just medical. It’s emotional, practical, and financial.

At Crimmins Howard Solicitors, we look at the full picture. If you’ve experienced complications from an undiagnosed or mishandled organ injury, you’re entitled to support that reflects all aspects of your experience, not just what’s in your medical chart.

The primary responsibility often rests with the lead surgeon and the team assisting in theatre. If a perforation was caused by poor technique, failure to account for surgical risk factors, or careless use of instruments, this may constitute negligence. Similarly, if the surgical team failed to notice the damage they caused or to take action once it became clear that something was wrong, they may be held accountable.

In some cases, the perforation is not caused during surgery itself, but is missed afterwards. Nursing staff, doctors on ward rounds, or emergency department clinicians may fail to recognise obvious signs of internal injury: such as high fever, worsening pain, or changes in blood pressure. If warning signs were overlooked or dismissed, and that led to deterioration in your condition, liability may extend to those involved in your aftercare.

Hospitals (both HSE and private) have a duty to ensure safe systems of work. That includes:

• Adequate staffing
• Clear surgical protocols
• Access to post-op scans or tests when needed
• Ensuring timely escalation when complications arise

If these systems were lacking, or if inexperienced staff were unsupervised, the institution itself may bear responsibility under vicarious liability, where an employer is held accountable for the actions of its staff.

Our legal approach is comprehensive. We don’t stop at identifying who caused the injury. We look at who failed to prevent it, detect it, or respond appropriately, and we hold each responsible party to account. You shouldn’t be left picking up the pieces alone.

Every healthcare provider, surgeons, doctors, nurses, hospitals, has a legal obligation to deliver care that meets an accepted standard. This includes ensuring that surgeries are performed safely, risks are managed appropriately, and any complications are identified and treated without delay.

A breach occurs when the care provided falls below the level expected of a reasonably competent professional in the same field. In the case of organ perforation, examples of breaches might include:

• Damaging an organ through careless use of instruments
• Failing to take action when a perforation occurs
• Not ordering appropriate post-operative scans or investigations
• Ignoring or downplaying post-surgical symptoms
• Discharging a patient too early despite warning signs

It’s not about judging outcomes with hindsight. It’s about asking whether the care at the time was reasonable.

Next, you must show that the injury, pain, or complications you experienced were a direct result of that breach. This is called causation. If you suffered complications that would have happened regardless of any error, or that were part of a known, unavoidable risk, then the claim may not succeed.

However, if you can show that quicker diagnosis, better technique, or proper monitoring would have avoided the harm, the link becomes clear.

Finally, your claim must demonstrate that you suffered harm serious enough to warrant compensation. This can include:

• Physical pain and suffering
• Prolonged recovery or additional procedures
• Psychological distress
• Time off work or financial loss
• Impact on your independence or quality of life

We collect the full range of medical records and obtain an independent expert opinion from a trusted consultant. That expert assesses whether the care you received breached accepted standards and caused the outcome in question.

Our role is to build a case that is detailed, fair, and backed by strong evidence, so you can move forward knowing the truth has been uncovered.

This part of your claim covers the physical and emotional toll:

• The pain of the initial injury and any follow-up surgery
• Ongoing symptoms such as fatigue, reduced mobility, or digestive issues
• Psychological trauma: anxiety, panic attacks, or a fear of medical care
• Loss of enjoyment of life: missing out on social events, hobbies, or family activities
• Any scarring, disfigurement, or lasting health issues caused by the injury

General damages are assessed using medical reports and the Judicial Council’s Personal Injury Guidelines, which offer guidance on typical ranges based on injury type and severity.

This part addresses the practical costs of the harm done, including:

• Loss of earnings: if you missed work or had to reduce hours
• Medical expenses: private consultations, scans, medication, or follow-up surgery
• Travel costs: for hospital visits or specialist appointments
• Rehabilitation: such as physiotherapy or psychological therapy
• Home care or assistance: if your injury left you unable to manage independently

We work with you to gather receipts, wage statements, and expert reports to ensure no cost is missed.

For serious cases, we also look at future needs:

• Reduced ability to earn a living
• Long-term health monitoring or therapy
• Adaptations to the home or workplace
• The cost of help with day-to-day tasks
• Ongoing care or assistance if your independence has been affected

No two claims are alike. We take time to understand your unique circumstances and work to secure a fair and meaningful settlement that restores, not just compensates, what was lost.

If you’re unsure what your claim may be worth, we’re here to give you clear, honest advice, always based on your reality, not on assumptions.

Your first step is a confidential chat with our team. You tell us your story in your own words. We’ll ask some key questions, review the circumstances, and advise whether there’s likely to be a valid legal claim. There’s no obligation or pressure.

If we proceed, we’ll formally request your medical records: from hospitals, GPs, and any specialists involved. These documents form the foundation of your case. You don’t need to deal with this part. We’ll handle all the paperwork and correspondence.

Once we have your records, we send them to an independent medical consultant. They review your care to determine whether it fell below expected standards and whether that caused your injuries. This opinion is essential in proving negligence.

We then prepare a detailed letter of claim, outlining what happened, why it was negligent, and what harm resulted. This is submitted to the responsible party, usually a hospital or healthcare provider.

Many claims settle through negotiation. If your case proceeds to court, we’ll guide you every step of the way. You’ll never be alone in the process.

Throughout your claim, you’ll have a clear point of contact and open communication. We keep everything in plain English and move at your pace, not the system’s.

You typically have two years less one day from the date of knowledge to begin legal proceedings. The date of knowledge refers to the moment you became aware, or ought reasonably to have become aware, that:

• An injury occurred, and
• That injury may have been caused by substandard medical care

In many organ perforation cases, symptoms like pain, fever, or infection appear days or weeks after surgery. You may only discover much later that a perforation occurred and was mishandled. That’s when the clock generally starts, not the date of the operation itself.

There are some exceptions to the standard rule:

• Children, If the person injured was under 18 at the time, the two-year limit begins on their 18th birthday.
• People lacking mental capacity, If someone is not legally capable of managing their own affairs, the time limit may be paused.

Even though the law gives some flexibility, delays can still harm your case. Key evidence might be lost or harder to retrieve. At Crimmins Howard Solicitors, we recommend getting advice as soon as you suspect something went wrong. We’ll clarify where you stand and help ensure your rights are fully protected from the start.