Compensation for Death during Surgery
Would claiming compensation for death during surgery be a difficult process? My husband died recently and it has left my family in financial difficulty.
Claiming compensation for death during surgery may be difficult due to the fact that medical negligence claims in general can be complicated. Furthermore, if your husband was advised of any risks of possible complications that could occur during his surgery and gave his consent for the procedure to go ahead, then it may be difficult for you to have a successful claim. Making a surgery death claim may also be difficult because since you just recently suffered the loss of your husband, you may still be feeling vulnerable. Therefore it is advisable that you contact a medical negligence claims solicitor at the first possible moment.
You should inform them of the circumstances in which your husband died and the subsequent impact this has had on you and the life of your family. Your solicitor will be able to assess your death from operation claim, inform you of all your options in addition to putting your mind at ease about the process of claiming compensation.
In order to claim compensation for death during surgery, your solicitor will first have to establish negligence. Although it may seem apparent to you that your husband’s death from an operation was due to a lack of care on the part of the medical practitioners performing his surgery, this will first have to be determined by an independent medical expert. Your solicitor will contact all of the medical professionals involved in your husband’s surgery, not to apportion blame, but to obtain all relevant medical notes.
These notes will then be shown to the medical expert. The medical expert will examine the notes and conclude whether or not your husband’s death could have been avoided in the event of a different course of action being taken and if another medical practitioner had been involved instead. Based on what the medical expert concludes, your solicitor will decide if your claim is sufficiently strong. If your claim does have considerable strength, it is likely to be settled out of court.
There are many factors that will be taken into consideration when your compensation is being calculated; your solicitor will be able to provide you with further information when you consult with them. You say that your family has been in financial difficulty due to your husband’s death, therefore you may be entitled claim for the income that he provided for any dependants, funeral costs, medical expenses and also financial losses due to work absences on account of his death.
In accordance with the Irish Statute of Limitations which applies to all claims in Ireland, you will have two years to pursue a claim for your husband’s death in an operation. The date that this generally begins is the date of death — however if the cause of your husband’s death cannot be determined at first, the date that the two year time limit begins will be on the date that the cause of your husband’s death becomes known. Although this may seem like an ample length of time to pursue a claim, it is still advisable that you contact a solicitor at the first possible opportunity so that you may find out about the viability of your claim and avoid any unforeseen delays that may arise.
The information provided here regarding claiming compensation for death during surgery is a general overview of what might be involved and how you may be compensated. It is not a substitute for professional legal advice obtained from a medical negligence claims solicitor who has been informed of your situation. Therefore it is recommended that you contact your solicitor at the first possible moment to discuss your potential claim.