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Surgical Negligence Claims

You went in trusting that the surgeon knew what they were doing. That the team was prepared. That someone had your safety in hand. You were told what to expect, how you’d recover, and what the outcome should look like. But something changed and no one explained why.

Medical Negligence Solicitors

Surgical Negligence Claims

You went in trusting that the surgeon knew what they were doing. That the team was prepared. That someone had your safety in hand. You were told what to expect, how you’d recover, and what the outcome should look like. But something changed and no one explained why.

Medical Negligence Solicitors

At Crimmins Howard Solicitors, we work with people across Clare and beyond who were left worse off after surgery. Some woke from theatre with injuries they were never warned about. Others faced infections, complications or chronic pain that no one caught in time. And too many were told it was normal—when it wasn’t.

Surgical negligence doesn’t always involve a dramatic mistake. Sometimes the error is quiet. A delay that wasn’t acknowledged. A step that wasn’t taken. A sign that was missed. If your recovery has been harder than it should have been, or your outcome does not match what you were told to expect, you have a right to ask why.

If your surgery caused more harm than healing, Crimmins Howard Solicitors will help you get answers. We’ll listen, investigate and stand with you if the standard of care wasn’t met.

What Is Surgical Negligence?

Surgical negligence happens when a mistake is made before, during or after surgery that no trained professional should have allowed to happen. It could be a technical error in theatre, a failure to act on complications, or something as serious as operating on the wrong part of the body. These are not just unfortunate outcomes—they are avoidable events that cause real and lasting harm. If your care fell below the standard expected, you may have a legal right to claim.

Types of Surgical Negligence Claims We See Often

Wrong-site Surgery

Wrong-site surgery is one of the most serious and avoidable forms of medical error. It involves operating on the wrong limb, organ or area of the body. These cases often result from poor theatre preparation, missing notes or communication breakdowns among staff. We act in claims where procedures were performed in the wrong location entirely, causing trauma, further surgery and permanent injury. This should never happen. We ensure it is treated with the seriousness it deserves.

Retained Surgical Instruments

Surgical teams must ensure that no instruments, sponges or medical tools are left inside the body after an operation. When these are missed, patients can suffer infection, pain, repeat surgery and long-term damage. We act in claims where surgical checks were ignored or rushed, and the result was avoidable harm. These incidents are known as “never events” because they are wholly preventable. If it happened to you, we will hold the system accountable.

Organ Perforation During Surgery

Even routine procedures carry risk—but perforating a healthy organ during surgery is rarely acceptable if not recognised and addressed immediately. We handle claims involving punctured bladders, stomachs, uteruses and other organs that were injured by poor surgical technique or careless tool use. If the damage was not identified and treated in time, the consequences can be life-altering. We gather the evidence to show how and when it went wrong.

Bowel Perforation

A perforated bowel can lead to infection, sepsis, long-term digestive issues or even death if not caught and managed quickly. We see claims where signs were ignored, post-op monitoring was inadequate, or the injury occurred due to rushed or poor surgical planning. If your condition deteriorated after a procedure and no one could explain why, this may be the cause. We will investigate thoroughly and bring in expert support to confirm what should have been done differently.

Laceration to Organs

Internal lacerations can happen when instruments are misused or when anatomy is not properly visualised during surgery. These cuts may not be spotted until the patient is already in distress. We act in claims where bleeding, pain or infection developed because of undetected injuries caused during surgery. These cases often involve delays in post-operative care as well. We look at the full timeline to uncover how the injury occurred and how it was (or wasn’t) managed.

Complications Following Surgery

Some complications are known risks. But when they are caused or worsened by poor technique, lack of hygiene, or a failure to monitor recovery, they may be the result of negligence. We act in claims involving wound infections, blood clots, nerve damage, hernias and delayed healing. If your recovery was longer or harder than it should have been—and no one acted when you raised concerns—we will find out whether your care fell below standard.

Delayed Surgical Intervention

Delaying surgery when urgent care is required can turn a manageable condition into a life-threatening one. We act in cases where patients were misdiagnosed or sent home despite red-flag symptoms, or where scans were not reviewed in time. The damage caused by waiting too long can be irreversible. If you were told surgery was not urgent but then rushed back to hospital in crisis, we will examine whether earlier action could have prevented the outcome.

Wrong-patient Surgery

Operating on the wrong person is a devastating breach of trust. These cases often result from serious clerical or identification errors within the hospital. Patients may be given surgery they did not need—while the person who required urgent care is delayed or missed entirely. We handle these claims with focus and care, ensuring that system-wide failures are brought to light and the full extent of the harm is addressed.

When Is Surgical Negligence Actionable?

A surgical negligence claim becomes legally actionable when a patient has suffered harm due to care that fell below the standard expected of a competent surgical team. This is not about punishing human error—it is about recognising when the systems and professionals entrusted with your care failed to act responsibly, and that failure led to avoidable injury.

We do not treat every poor outcome as a legal case. But when surgery causes complications that should never have happened, when protocols are not followed, or when the harm is greater than you were warned about, there may be strong grounds for a claim.

What makes a breach of duty?

Surgical teams are expected to carry out procedures to a recognised professional standard. This includes:

  • Performing the correct procedure, on the correct patient, at the correct site
  • Taking proper steps to avoid unnecessary damage to nearby organs or tissue
  • Monitoring patients closely during and after surgery
  • Acting on warning signs and post-operative complications without delay
  • Documenting decisions and following clear safety protocols

If your treatment fell below that level—due to rushed surgery, poor planning, communication breakdowns, or ignored symptoms—you may have experienced a breach of duty.

What kind of harm is considered significant?

Harm must be more than inconvenience or discomfort. A claim may be possible if you experienced:

  • Permanent or long-term injury that changed your mobility, independence or function
  • Internal damage that required further surgery or medical intervention
  • A worsened health condition due to delayed surgical care
  • Infection, sepsis or physical complications that should have been prevented
  • Emotional or psychological distress linked to the event or its aftermath

You do not need to have suffered the worst possible outcome. If your recovery was made significantly harder, longer or more dangerous due to poor care, your case may be actionable.

Where do these errors typically occur?

Surgical negligence can happen in public or private hospitals, day surgery units, maternity wards, emergency departments and specialist clinics. It can involve any surgical field—from orthopaedics and urology to obstetrics, ophthalmology and general surgery.

Errors are not always obvious at the time. You may have gone home with vague explanations or were told your symptoms were normal—only to learn later that something had gone wrong. That moment of doubt is often where your legal journey begins.

How do I know if I have a claim?

You do not need to be sure that what happened was negligence. If your recovery has been marked by unexplained complications, unexpected outcomes, or lasting damage, and no one can clearly tell you why, speak to us. We’ll obtain your records, seek expert medical opinion, and advise you clearly and respectfully on whether a claim should proceed.

Why Choose Crimmins Howard Solicitors for Your Surgical Negligence Claim?

We start with what the surgeon didn’t say

Most clients come to us with a gut feeling that something went wrong—yet no one has confirmed it. The discharge summary was vague. The aftercare was rushed. The story never quite added up. At Crimmins Howard Solicitors, we listen closely to what wasn’t said. We look for the warnings that were missed, the details that were glossed over, and the injuries that were never explained. That’s where most surgical negligence cases begin.

We focus on what should have been done, not just what happened

Surgical teams will often defend outcomes by describing what they did—but that’s not enough. The question is whether they did what a competent team should have done. We look at the decision to operate, the technique used, the safeguards in place, and the way complications were handled. We work with independent consultants who assess your care against recognised surgical standards. If something was avoidable, we build a case around it.

We act when surgery causes more harm than healing

Surgery is supposed to help you recover, not leave you with a second problem to solve. We act for people who were left worse off: those who needed further operations, who suffered permanent damage, or who came out of theatre with new injuries no one could explain. If your recovery was longer, harder or riskier because of something that should not have happened, we bring clarity to the process and weight to your claim.

We know where surgical communication breaks down

Surgical care involves more than the operation itself. Errors often happen before or after theatre—when notes are missed, consent is rushed, or post-operative symptoms are brushed aside. We understand how poor coordination and time pressure lead to missed diagnoses, delayed responses and preventable harm. We investigate these gaps with a level of detail that exposes where the breakdown truly began.

We bring discretion to high-stakes cases

Surgical negligence claims can be personal, painful and technical. At Crimmins Howard Solicitors, we manage these cases quietly and professionally. You will not be overwhelmed with legalese or false promises. We give you straightforward advice, guide you through each step, and keep the pressure where it belongs—on the institutions that let you down.

We act locally, with experience and credibility

We are a Clare-based firm acting across Ireland. We’re known for being thorough, steady and client-focused. We take on serious surgical claims because we believe they matter to those injured and to the systems that need to be held to account. We do not back down when the medicine is complex or the harm has been dismissed.

If your surgery left you with unanswered questions and lasting harm, Crimmins Howard Solicitors will help you get the answers and recognition you deserve—with calm strength and clear direction.



Frequently Asked Questions

How long after surgery can I bring a claim?

In most cases, you have two years from the date you knew or should have known that the injury was caused by negligence. This is known as the date of knowledge. If you are unsure when that applies to you, we can advise based on your situation.

What if my symptoms didn’t appear straight away?

Some surgical errors, like internal damage or retained objects, don’t cause problems until weeks or even months later. If your symptoms emerged gradually, the time limit may start from the point you reasonably discovered the link between your care and the harm. We can help assess that timeline.

Can I bring a claim even if the surgeon was experienced?

Yes. Surgical negligence is about the standard of care provided in your case—not the qualifications of the professional involved. Even highly experienced surgeons can make avoidable errors or fail to follow proper protocols.

I was told my complication was “just a risk of surgery.” Is that a defence?

Not always. Patients must be told about risks before surgery, but risks must also be properly managed. If your injury was caused by poor technique, lack of monitoring or failure to act, the fact that something was a known risk does not excuse substandard care.

What if no one has admitted anything went wrong?

That’s common. Many clients come to us because they were left with doubts but no clear explanation. Whether or not the hospital or surgeon admitted fault, we can request your full records, speak to medical experts and investigate the standard of care independently.

Do surgical negligence claims apply to private clinics?

Yes. Whether your surgery was carried out in a HSE facility or a private hospital, you are entitled to safe, professional treatment. We act in both public and private claims and assess each case based on the care received—not the provider’s setting.

Can I bring a claim if I needed follow-up surgery?

Yes. If the need for further surgery was caused by avoidable damage during the original procedure—or by failure to detect complications—you may be entitled to claim for both the physical and emotional impact of the additional procedure and recovery time.

Are claims only about what happened in theatre?

No. Surgical negligence includes pre-operative failures (such as not explaining risks or selecting the wrong procedure) and post-operative care (such as infection control, delayed intervention or poor monitoring). We review the entire timeline to identify where the breakdown occurred

Can I bring a claim on behalf of a loved one?

Yes. If a family member suffered harm due to surgical negligence and is unable to act themselves—or has passed away—you may be able to bring a claim on their behalf. We handle such cases with care and respect for the family involved.

What should I do if I suspect something went wrong?

Start by writing down what you remember: dates, symptoms, names, and conversations. Then contact us. You do not need to have records or evidence—we’ll help you gather what’s needed and give you a clear, honest view of your options.

Take the First Step Today

If you were left with serious injury or avoidable complications after surgery, Crimmins Howard Solicitors will help you understand what happened, why it matters, and whether you have grounds to act. Contact us today for clear advice and trusted support.

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