Can I claim compensation for a pierced bladder during surgery for having to undergo a second surgical procedure to correct the mistake?
You should certainly be entitled to claim compensation for a pierced bladder during surgery, as this appears to be a clear case of medical negligence. However, before a claim for an injured bladder during surgery can be started, an investigation will need to be conducted to establish how the error occurred. Although it is unlikely that there would be any mitigating circumstances that would prevent a personal injury claim from being made, it is important to find out for certain before a claim is commenced.
To arrange an investigation you will need to send a written letter of complaint to the HSE. It is important that you do this even if you have already made a complaint to the hospital. The HSE will investigate the complaint within 30 days of receipt of the letter, and the surgeon will be asked to explain how the mistake was made.
Although it is possible that you will receive an offer of compensation for a pierced bladder during surgery after the HSE investigation has been completed, it is unlikely that you will be awarded a settlement without making a personal injury claim. Unsolicited settlement offers from the HSE are exceptionally rare, even when liability for an injury is clear cut. The usual outcome in cases such as yours is to be issued an apology from the hospital. If this is all you are looking to receive, and you will be happy that action is being taken to prevent others from suffering a similar – if not more serious – injury in the future, you need do no more.
If you feel that the mistake warrants a claim for personal injury compensation – which is perfectly understandable – you will need to enlist the services of a personal injury solicitor. A solicitor will also conduct an investigation into your case to confirm whether the surgeon alone was responsible for the error, if a theatre nurse played a role in the cause of the injury or if procedural errors at the hospital contributed to the cause of your injury. Once negligence can be attributed to the correct third parties, and the consequences of your injuries have been established, it will be possible for compensation amounts to be accurately calculated.
The amount of compensation for a pierced bladder during an operation is not fixed, but is calculated based on the pain and suffering caused by the injury and the subsequent operation you had to repair the damage caused by the surgeon. It is also possible to claim compensation for the inconvenience of undergoing a second operation and for the increase in recovery time – if any – that this has caused. If you are likely to suffer an increased risk of bladder problems or other health issues in the future as a result of the injury, this will also be factored into your claim for an injured bladder during surgery.
If you have incurred any expenses as a result of your second surgical procedure, such as lost earnings from additional time off of work, these can also be recovered by making a claim for special damages. Once you have been informed of the total amount of compensation for a pierced bladder during an operation, you can decide if you want to proceed with the claim for an injury by a surgeon.