Compensation for an Item Left inside during an Operation
Can a child claim compensation for item left inside during an operation? My son has been extremely ill since swabs were left inside his body after a recent operation.
It may very well be possible for your son to obtain compensation for an item left inside during an operation considering that he has suffered a measurable illness as a result of this display of medical negligence. However, a child making a claim for an item that has been left inside their body after surgery will be somewhat different than an adult pursuing a similar claim. Because a child under the age of 18 is considered a minor, they are not permitted by Irish law to advise a solicitor or initiate a claim on their own behalf. In order for a child to pursue compensation claim for an item left inside a body during an operation, it will have to be done on their behalf by a parent or legal guardian acting as their “next friend”.
Due to the Statute of Limitations, children also have the option of waiting until they turn eighteen to pursue a claim on their own behalf. Generally, the statute of limitations allows potential claimants two years to pursue a compensation claim. The date that this two year time limit begins is generally on the day that an injury or illness is identified, or on the date in which the cause of an illness has been determined. This does not apply to children because of the fact that they cannot initiate their own claim; therefore the two year time limit will not begin until they turn eighteen.
Although it may be preferable for your son to wait until he turns eighteen to claim compensation for an item left inside during an operation on his own behalf, it is still advisable to contact a solicitor at the first possible moment. It is better to pursue a claim at the first opportunity following medical negligence as there will still be recent evidence available for the solicitor involved in assisting your child’s claim for an item that has been left inside his body after surgery.
A solicitor will also be able to inform you of how your son’s claim will be calculated and how much he could be eligible to obtain. For instance, the solicitors evaluating how much he should receive will take into consideration the pain and suffering he experienced due to the illness form the swabs being left inside him and also the subsequent pain he is likely to go through undergoing medical treatment to remedy this instance of negligence. It will also be possible to reclaim expenses incurred and any future necessary costs that treating your son may incur as part of the area of claim known as special damages. Your solicitor will be able to provide further information when you meet with them to discuss your son’s claim.
The information provided here regarding a child pursuing a compensation claim for an item left inside a body during an operation is merely a general overview of the options they may have. It is not a substitute for the specific legal advice a medical negligence claims solicitor – who has been informed of the circumstance in which your son contracted an illness – will be able to provide. Once you tell them about the nature of your son’s illness and the subsequent impact it has had on his quality of life, they will be able to inform you of the viability of his claim and whether or not it would be worth your while to pursue a claim for compensation for item left inside during an operation.