Am I still in time to make a claim for a surgeon piercing the bladder during an operation for a hysterectomy last year?
According to the Statute of Limitations in Ireland (Courts and Civil Liability Act 2004) you are allowed two years from the ‘Date of Knowledge’ that an injury has occurred in which to make a compensation claim for a surgeon piercing the bladder during an operation.
Therefore, you are still in time to claim compensation for an injury during a hysterectomy; however it would be in your best interests to speak with a solicitor as soon as you possibly can to get your claim started – especially if you have not already registered an official complaint with the hospital.
The process for claiming compensation for an injury during a hysterectomy would normally involve your solicitor discussing with you the injury and the consequences the injury has made to your quality of life, whether there are any ongoing health issues as a result of your surgeon´s negligence and if you have suffered any stress or anxiety since the unfortunate event.
Your solicitor would then – with your permission – access your medical history relating to the hysterectomy procedure and have the relevant notes reviewed by an independent medical expert to ensure that your injury claim for hysterectomy compensation is justifiable and worth your while to pursue.
If you have not done so already, your solicitor would send a ‘Letter of Complaint’ to the hospital and, once the surgeon´s negligence has been confirmed by the medical expert, your solicitor follow that up with a ‘Letter of Claim’ advising the hospital that you are claiming compensation for an injury during a hysterectomy.
It is not necessary at this stage to inform the hospital of how much compensation for an injury during a hysterectomy you are claiming (indeed all the consequences of the surgeon´s may not yet have manifested), and the ‘Letter of Claim’ usually supports what has been already been advised to the hospital in the ‘Letter of Complaint’.
It is when the hospital acknowledges the ‘Letter of Claim’ that the two-year Statute of Limitations period allowed in which to make an injury claim for hysterectomy compensation comes to a close (i.e. not the date on which you first talk to a solicitor or even when the ‘Letter of Claim’ is sent).
If you have not registered an official complaint with the hospital, it will not disqualify you from making a claim for a surgeon piercing the bladder during an operation, but it is the most pressing reason why you should speak with a solicitor as soon as possible.
Should you be approaching the end of the two-year Statute of Limitations for making an injury claim for hysterectomy compensation, the solicitor will advise you of any changes to the above procedure to ensure that the ‘Letter of Claim’ is submitted to the hospital in good time.