Wrong Disc Removed by Surgeon

Claims for the Removal of the Wrong Disc

If you have had the wrong disc removed by a surgeon, you are possibly already aware that you have a very strong claim for medical injury compensation. Although there is no apparent justifiable defence against having the wrong disc removed by a surgeon, there are some potential issues which can complicate claims for the removal of the wrong disc.

Establishing who was actually responsible for the removal of the wrong disc, ensuring that your claim for compensation is initiated within the permitted time limit and that you receive an appropriate level of medical injury compensation are all issues which you may encounter when you are claiming compensation for the wrong disc removed by a surgeon.

Consequently, although this page provides information about making compensation claims for the removal of the wrong disc, it is no substitute for seeking the advice and assistance of an experienced solicitor at the first possible opportunity.

Why was the Wrong Disc Removed by a Surgeon?

This is one of the first questions that should be asked when trying to establish negligence in claims for the removal of the wrong disc. Inasmuch as the surgeon in question could have displayed a poor professional performance during the medical procedure, it could also be that he or she were incorrectly advised by theatre staff assisting the surgeon, or that the notes provided to the theatre staff were wrong due to an administrative error.

Once the point at which the error occurred is identified, it also has to be determined that the mistake which led to your medical injury was preventable “in the circumstances and at the time”. There may have been mitigating circumstances which meant that the removal of the wrong disc by a surgeon was unavoidable and this is an issue which your solicitor would investigate before initiating wrong disc removal claims.

The Time Limit in which to Claim for Medical Injury Compensation

The Court and Civil Liability Act 2004 allows a time limit of two years from your ‘Date of Knowledge’ that the wrong disc was removed by a surgeon on which to make a claim for medical injury compensation. This means that you have two years from the date on which you discovered the wrong disc had been removed, rather than two years from the date you underwent the initial operation, in which to make wrong disc removal claims.

However, under Section 8 of the above Act, a ‘Letter of Claim’ should be sent to the alleged negligent party within two months (or as soon as practically after) detailing the nature of your medical injury and how it occurred. As this ‘Letter of Claim’ may later be referred to if court action is necessary, it is important that it is comprehensively prepared as quickly as possible to avoid penalties when your claim for medical injury compensation is resolved.

Compensation When the Wrong Disc is Removed

In the ‘Letter of Claim’ there is no mention of how much compensation when the wrong disc is removed you are entitled to – indeed, it is likely that the full consequences of your medical injury are not yet known and it may take a considerable amount of time to compile an accurate assessment of your claim. As no two claims for the removal of the wrong disc are identical, these are the primary factors your solicitor will consider when compiling a compensation claim for the wrong disc removed by a surgeon.

General Damages for Pain and Suffering

The principal consideration when calculating how much compensation when the wrong disc is removed you may be entitled to is that you will have to undergo a second operation (if you have not done so already) to have the damaged disc removed.

General Damages for Loss of Amenity

A second operation is going to result in a second recovery period – during which time it is unlikely you will be able to perform day-to-day tasks, work, drive and participate in social and leisure activities which would form part of your regular routine prior to the wrong disc being removed by the surgeon.

General Damages for Psychological Trauma

Should you suffer any type of quantifiable emotional injury – either due to the prospect of a second operation or during your recovery – you are entitled to include this factor in a claim for medical injury compensation.

Special Damages for Financial Expenses

Any expenses you have incurred, or income you have lost, can be recovered in claims for the removal of the wrong disc. Each expense or loss of income has to be justified with receipts or past payslips, but you will also be able to include future costs you may encounter – such as private physiotherapy to assist your recovery.

Other Issues with Wrong Disc Removal Claims

Other issues you may encounter when making wrong disc removal claims for compensation include claims for the removal of the wrong disc when the victim is a child. In this case the time limit in which to claim for medical injury compensation does not start until the child reaches the age of eighteen. However, it may be impractical to wait many years before initiating a claim for the wrong disc removed by a surgeon if funds are needed to assist the child with their recovery or substantial expenses have been incurred by the parent.

You may also find – whether the victim is an adult or a child – that you are approached by the negligent party´s insurance company with an unsolicited offer of compensation when the wrong disc is removed. Irrespective of how attractive the offer appears, you should always refer it to a solicitor. It is unlikely that the insurance company has completed a full assessment of your claim for medical injury compensation, and if you accept an offer which later turns out to be inadequate, you cannot go back to the insurance company and ask for more.

Legal Advice When the Wrong Disc has been Removed by a Surgeon

Because of the nature of your injury, you will have experienced many – if not all – of the primary factors which are considered when calculating how much compensation when the wrong disc is removed you are entitled to; and there may be more aspects of your injury which are not included in this page.

Therefore, the sooner you speak with a solicitor about the wrong disc being removed by a surgeon, the higher the likelihood that your claim for medical negligence compensation will be resolved without these potential issues complicating and/or delaying the resolution of wrong disc removal claims.



This is an Information site only – if you feel you have a potential claim, you should discuss your situation with a solicitor registered with the Law Society of Ireland.