Is it worth claiming compensation for a nipped bladder in surgery if I was only required to wear a catheter for two weeks?

Eoin P. Campbell, LL.B., Solicitor

Editor in Chief

Eoin P. Campbell

The choice is ultimately yours as to whether you claim compensation for a nipped bladder during surgery, and if it will be worth your while is a decision that only you can make. However, it is advisable that you discuss the circumstances of the medical error with a solicitor to find out how much compensation for a surgical mistake you may be entitled to claim so that you can make that choice from an informed position.

Usually – in scenarios where a bladder has been accidently pierced during surgery – there is no defence against injury claims for a surgeon´s error during a medical procedure, as the error is attributable to a poor professional performance and, had another surgeon been conducting the operation, the accident is unlikely to have occurred ‘on the balance of probabilities’.

Consequently the Health Service Executive (HSE) is unlikely to contest injury claims for a surgeon´s error during a medical procedure provided that the nipped bladder in surgery was recorded in your medical notes at the time of the accident; although there will likely be an investigation into the circumstances of your injury so that steps can be taken to prevent the accident happening to anybody else (a justifiable reason in itself for claiming compensation for a surgical mistake). Therefore, your claim for a nipped bladder in surgery should be resolved quickly and with minimal effort from yourself once you have instructed a solicitor to act on your behalf.

How much compensation for a nipped bladder in surgery you are likely to receive will depend on the impact the injury and wearing a catheter had on your quality of life and your personal circumstances. You would normally be awarded compensation for the pain and discomfort you experienced due to your surgeon´s error, for any ‘inconvenience of incapacity’ if the presence of a catheter caused a temporary deterioration in your quality of life and for any quantifiable emotional trauma you suffered.

You will also be able to recover any justifiable expenses attributable to the nipped bladder in surgery and any income you have had to forgo due to your surgeon´s negligence. Should you have had to take unpaid time off from work due to your incapacity, even two weeks salary can justify making injury claims for a surgeon´s error during a medical procedure.

As mentioned above, it is in your best interests to discuss the effect that the nipped bladder in surgery has made to you with a solicitor and, when you are fully informed of the procedures involved in claiming compensation for a surgical mistake, decide then whether making such a claim is something that you wish to do.