Wrong-site Surgery Claims

At Crimmins Howard Solicitors, we understand how devastating this kind of mistake can be. Whether surgery was carried out on the wrong limb, the wrong organ, or even the wrong side of your body, the physical and emotional fallout is often life-changing. We’ve seen how people across Clare and beyond are left to deal with the pain, the confusion, and the lasting loss of trust in a system that should have protected them.

These errors don’t just happen in faraway places. Cork University Hospital and Our Lady’s Hospital in Navan have recorded multiple wrong-site surgeries year after year. Despite policies and checklists, the numbers are rising, and the people affected are often left with silence instead of answers.

If this has happened to you or someone you care about, you’re not just entitled to be upset—you’re entitled to justice. At Crimmins Howard, we offer clear, honest legal advice in plain English. We’ll listen carefully, guide you through your options, and help you take the next step forward with confidence and dignity.

Talk to our team today in complete confidence. What happened was not your fault. And you do not have to carry it alone.

What Is Wrong-site Surgery and How It Happens

Wrong site surgery refers to any operation carried out on the incorrect part of a person’s body. This can include surgery on the wrong limb, organ, side, or level of the spine. In some cases, it may involve surgery on the wrong patient altogether. These errors are known in the medical world as never events—because they are entirely avoidable and should never happen when proper systems are in place.

Sadly, they do happen. According to data reported by the Irish Examiner, 63 wrong-site surgeries were performed in Irish public hospitals between 2017 and 2020. The numbers were not falling—they were rising year on year. These cases included operations on the wrong eye, knee, kidney, and spine. They are not just statistics. Behind each one is a patient who placed their trust in the health system and was failed in a fundamental way.

In a hospital setting, wrong site surgery can happen when:

• The surgical site is not properly marked before the procedure
• A surgeon misreads the patient chart or radiology report
• There is a failure to confirm patient identity and procedure
• A breakdown occurs in communication between surgical team members
• The side of the body is confused or assumed without full verification
• Multiple procedures are being performed at once and documentation becomes muddled
• A patient’s notes are missing, incorrect, or misfiled

It can also occur in emergency situations, where pressure is high and time is short. That said, these factors do not excuse the error. The actions needed to prevent wrong site surgery are known. The HSE’s own protocols include surgical safety checklists, “time-out” procedures before the first incision, and strict identity confirmation steps. When those are skipped or ignored, patients pay the price.

At Crimmins Howard Solicitors, we’ve seen the real impact of these errors. Wrong site surgery is not just a medical accident—it’s a breach of trust and a failure in care. If this has happened to you or someone close to you, you deserve answers and accountability.

Real-world Examples of Wrong-site Surgery Claims

Wrong-site surgery can take many forms, and while each case is unique, certain patterns continue to appear in hospitals across Ireland. The examples below reflect the kinds of surgical errors that have led to negligence claims in both HSE and private hospital settings. Each one represents not just a clinical error, but a major disruption to someone’s health, peace of mind, and future.

Operating on the Wrong Knee or Hip

Joint replacements are common procedures across Ireland. These surgeries rely on clear pre-operative marking and team verification. If the wrong knee or hip is operated on, the patient is left recovering from an unnecessary procedure while still needing the correct surgery. This may involve prolonged pain, reduced mobility, further surgery, and a longer period away from work or normal activity.

Removal of the Wrong Kidney

In cases involving kidney disease or cancer, patients may undergo surgery to remove a non-functioning or affected kidney. If the healthy kidney is removed instead, the consequences can be life-changing. This may lead to dependence on dialysis, the need for a transplant, or lifelong complications—all of which are avoidable when proper surgical checks are followed.

Spinal Surgery at the Wrong Level

Spinal operations must be precise. Surgeons use anatomical markers to identify the exact vertebra that requires intervention. If the wrong vertebra is operated on, not only does the original condition remain untreated, but the patient may also be left with damage to a healthy part of the spine. This can cause lasting nerve pain, movement restrictions, and complications that require revision surgery.

Eye Surgery on the Wrong Eye

Performing surgery on the incorrect eye is a deeply traumatic event. Whether it’s a cataract removal, lens implant, or emergency repair, damage to the wrong eye can affect vision permanently. Patients may lose sight, suffer double vision, or experience ongoing eye strain—compounded by the fear of undergoing any further procedures.

Ligament or Shoulder Surgery on the Wrong Side

Operating on the wrong shoulder or limb leaves the patient doubly affected: harm to a healthy area, and the original problem still unresolved. This can make driving, working, or caring for children difficult or impossible, and often leads to significant distress and frustration.

At Crimmins Howard Solicitors, we take the time to understand the full picture. These aren’t just medical errors. They’re deeply personal events that deserve careful attention, answers, and justice.

The Impact on Patients and Their Families

When someone undergoes wrong-site surgery, the damage is rarely limited to the operation itself. The consequences often ripple outward—affecting not just the person who experienced the error, but their family, their livelihood, and their future.

Physical Consequences

The first and most obvious impact is physical. Patients may be left with:

• Pain and discomfort in the wrong area
• Scarring or tissue damage from unnecessary surgery
• Worsened mobility, particularly after joint or spinal procedures
• Delays in receiving the correct surgery, allowing the original condition to deteriorate
• Increased risk of infection, especially after repeat surgeries

Even where revision surgery is successful, recovery is longer, more complicated, and more painful than it should have been.

Emotional and Psychological Harm

Many clients tell us the emotional toll is just as serious as the physical. They speak of:

• A complete loss of trust in doctors and hospitals
• Anxiety around future treatment or medical appointments
• Depression and low mood after a prolonged and unnecessary recovery
• Feelings of guilt, frustration or helplessness
• Sleep disturbance, fear, or post-traumatic stress

In some cases, people avoid follow-up care altogether because they cannot face going through another procedure.

Disruption to Work and Home Life

Wrong-site surgery can seriously affect your ability to work, drive, or manage household tasks. If you need time off work to recover—especially from multiple operations—it may lead to financial pressure or job insecurity. In certain professions, such as driving, nursing, trades or construction, a physical injury may end a career altogether.

At home, things can be equally difficult. You may need help with dressing, cooking, or caring for children. Partners and family members often take on the burden of care while managing their own emotions and concerns.

Long-term Effects

Even once the physical wounds have healed, the wider consequences can last for years. Some people never fully regain the health or confidence they had before. Others face permanent limitations in mobility or independence. Relationships may be strained. Confidence in the healthcare system is often shattered.

At Crimmins Howard Solicitors, we recognise that wrong-site surgery is both a clinical mistake and a deeply human event. You deserve support, respect, and representation that reflects the full impact on your life and the people around you.

Who May Be Liable in Wrong-site Surgery Cases

Wrong-site surgery is rarely caused by a single oversight. In many cases, several people or systems contribute to the error. That’s why determining who is legally responsible requires careful analysis of the full circumstances. At Crimmins Howard Solicitors, we look closely at every point of contact in your care to identify where the breakdown occurred—and who can be held accountable.

The Consultant or Lead Surgeon

The surgeon performing the procedure is ultimately responsible for verifying that the correct surgery is being carried out on the correct patient, site, and side. If this verification does not happen—or is done inadequately—they may be directly liable. In cases where the consent process was rushed or the patient was not fully informed, the surgeon may also be at fault.

The Surgical and Theatre Team

Support staff, nurses, anaesthetists and operating theatre managers are all part of a system designed to prevent wrong-site errors. They are expected to follow surgical safety protocols, check documentation, confirm patient details, and raise concerns if anything appears unclear. If these safeguards are skipped or rushed, multiple team members may share responsibility.

The Hospital or Healthcare Provider

In many cases, the claim will also involve the hospital or healthcare provider—either the HSE or a private institution. This may be due to:

• Inadequate staffing
• Poor staff training
• Systemic failures in documentation or handover
• Flawed internal protocols
• Failure to enforce or supervise safety procedures

These claims may be made under vicarious liability, where the employer is held responsible for the actions (or inactions) of its staff.

Shared Liability

It’s not uncommon for liability to be shared across individuals and the institution itself. One person may have made the final error, but others may have missed clear opportunities to prevent it.

We approach every case with careful attention to the details. By identifying exactly who contributed to what went wrong, Crimmins Howard Solicitors ensures that your case is properly supported—and that responsibility is fairly and thoroughly addressed.

What Needs to Be Proven and How We Build Your Case

Wrong-site surgery claims are a specific type of medical negligence case. To bring a successful claim, it’s not enough to show that a mistake happened—you must show that the care you received fell below an acceptable standard and that this directly caused you harm. At Crimmins Howard Solicitors, we guide you through this process step by step and ensure every element of your case is properly supported.

The Three Core Elements of a Medical Negligence Claim

1. Duty of Care: All healthcare professionals in Ireland owe patients a duty to provide safe, competent care. This duty includes following surgical safety protocols, checking your identity, marking the correct site, and confirming consent.
2. Breach of Duty: A breach occurs when the standard of care falls below what would be expected from another professional in the same field under similar circumstances. Examples include failing to verify the surgery site, not reviewing your records, or misidentifying you as another patient.
3. Causation and Harm: You must also show that the breach directly caused you injury or loss. This may be physical (pain, infection, loss of function), emotional (trauma, anxiety), or financial (loss of income, cost of care). If the harm would have occurred anyway, even with proper care, a claim may not succeed.

What Evidence Is Needed

We gather a wide range of evidence to support your case, including:

• Hospital and surgical records – to identify what was done and by whom
• Consent forms – to confirm what you were told beforehand
• Pre- and post-operative notes – to assess whether protocols were followed
• Medical expert reports – to give an independent opinion on the standard of care
• Your GP records – to confirm your health history and any ongoing symptoms
• Photographs or medication records – where relevant to show visible effects or treatment plans
• Statements from you and your family – to outline the full personal and practical impact

How Crimmins Howard Solicitors Can Help

We take care of the entire investigative process so you’re not left chasing down paperwork or trying to interpret complex reports. We:

• Handle all requests for your medical records
• Engage trusted, independent consultants to assess your case
• Compile a clear, well-supported timeline
• Keep you fully informed and in control of your decisions

You don’t need to have all the answers before contacting us. If you suspect wrong-site surgery may have occurred, we’re here to help you understand what happened—and whether it amounts to negligence in the eyes of the law.

Time Limits for Bringing a Claim in Ireland

In Ireland, there are strict time limits for bringing a medical negligence claim, including those involving wrong-site surgery. It’s important to understand these limits clearly—because if you wait too long, you may lose the right to take legal action altogether.

The General Rule: Two Years from the Date of Knowledge

You typically have two years less one day to begin a claim. However, this time limit starts from the date you first knew, or should reasonably have known, that:

• Something went wrong during your care, and
• The mistake caused you harm

This is called the “date of knowledge.” It’s not always the same as the date of the surgery. Some people only realise weeks or even months later, once symptoms appear or a doctor informs them that a procedure was carried out incorrectly.

Exceptions to the Two-year Rule

There are important exceptions that may apply:

• Children – If the person affected was under 18, the time limit does not begin until their 18th birthday.
• Lack of capacity – For adults who lack mental capacity to manage their affairs, the time limit may be paused.

Why Early Advice Matters

The sooner you seek legal advice, the better. Early action gives your solicitor time to collect records, preserve evidence, and build a strong case before deadlines become an issue.

At Crimmins Howard Solicitors, we can assess your timeline and ensure your claim is brought within the correct legal window—giving you the best chance of a fair outcome.

What Compensation May Cover and How It’s Calculated

If you’ve been harmed by wrong-site surgery, compensation is intended to help restore what’s been lost—not just financially, but physically and emotionally too. While no amount of money can undo the mistake, a successful claim can provide the support needed to rebuild your health, stability, and peace of mind.

At Crimmins Howard Solicitors, we ensure that any claim is based on a full and fair understanding of your situation—not just a checklist of symptoms, but a complete view of how the error has affected your life.

General Damages: Pain and Suffering

This is compensation for the physical and emotional impact of the wrong-site surgery itself. It can include:

• Pain during recovery and rehabilitation
• Long-term disability, stiffness or nerve damage
• Psychological trauma (including anxiety or PTSD)
• Reduced ability to participate in work, hobbies, or daily life
• Loss of enjoyment of life

The severity and duration of these effects will influence how much is awarded under this category.

Special Damages: Financial Losses and Future Needs

Special damages cover the real-world costs of the mistake. These may include:

• Loss of earnings – If you missed work or had to leave your job
• Medical expenses – For revision surgery, consultations, therapy or medication
• Travel costs – Getting to appointments or treatment facilities
• Home modifications or mobility aids – If the surgery left you with long-term physical issues
• Care costs – Whether from family members or paid assistance

We also take into account the future impact: for example, if your injury means you cannot return to the same line of work, or if you now require ongoing treatment.

How Compensation Is Calculated in Ireland

There’s no fixed figure for a wrong-site surgery claim. Instead, we consider:

• The Personal Injuries Guidelines published by the Judicial Council
• Previous court outcomes for similar cases
• The nature and seriousness of your injury
• The length of your recovery and whether further procedures are needed
• Medical opinions and evidence from your treatment team

Our role is to ensure your claim is valued properly—so that it reflects not only what’s happened, but what lies ahead. We present clear, well-supported figures based on expert insight and real-life costs.

If you’re unsure whether you have a claim, or what it might be worth, we’re here to talk it through with you—calmly, honestly, and at your pace.

The Claims Process with Crimmins Howard Solicitors

Taking legal action after wrong-site surgery may feel overwhelming—especially if you’re still dealing with recovery or struggling to get clear answers. At Crimmins Howard Solicitors, we make the process as clear and manageable as possible. From the first conversation, our goal is to listen, explain your rights, and guide you forward with honesty and care.

Here’s what to expect:

1. Initial Consultation: We begin by hearing your story. You tell us what happened in your own words. We’ll ask the right questions and explain if we believe you may have a case under Irish law. There’s no commitment at this stage.
2. Gathering Records: If we proceed, we handle all requests for medical records, hospital documentation, and relevant reports. You won’t have to chase paperwork or speak to hospitals—we manage that for you.
3. Independent Medical Review: We work with expert consultants who review your records and provide a professional opinion on whether the care you received fell below accepted medical standards.
4. Valuing Your Claim: Once we have the facts and expert opinions, we’ll assess what compensation may be appropriate. We’ll explain this to you in plain English and make sure you feel comfortable before any decisions are made.
5. Negotiation or Court: Many claims are resolved through negotiation. If necessary, we’ll represent you in court and prepare everything thoroughly. You’ll be supported every step of the way.

Throughout the process, we remain committed to transparency, clear updates, and respectful communication. You’ll always know where your case stands and what your options are.