A post-surgery infection claim may arise where an infection following an operation could reasonably have been prevented, or where signs of infection were not recognised and treated promptly.
Infection is a known complication of surgery, so its presence alone does not establish medical negligence.
Coleman Legal LLP reviews the medical records and subsequent treatment to establish what happened and whether avoidable harm resulted.
Infection is a recognised risk of surgery
Any surgical incision creates a potential route for bacteria to enter the body.
Surgical site infections can therefore occur even where appropriate precautions have been taken.
Hospitals use a range of measures to reduce that risk, including infection-control procedures, appropriate skin preparation, sterile surgical technique and, for certain operations, antibiotics given before surgery.
The fact that infection is listed as a possible complication on a consent form does not prevent a patient from bringing a claim.
The important question is whether reasonable steps were taken to prevent the infection and whether the response once symptoms developed met an acceptable standard of care.
When a post-surgery infection claim may arise
Post-surgery infection claims generally require evidence of something more than the infection itself.
One issue may be whether appropriate preventative measures were followed.
This can include questions about antibiotic prophylaxis, wound management, sterile practice or other aspects of the patient’s care.
A second issue is how quickly the infection was recognised and treated.
Possible signs of a surgical site infection include increasing pain around the wound, redness or swelling, discharge, fever and deterioration in the patient’s general condition.
Blood tests may also show evidence of inflammation or infection.
Where concerning symptoms are recorded but are not investigated or treated within a reasonable period, an infection may become significantly more serious.
In some cases, additional treatment may involve intravenous antibiotics, drainage of an abscess, removal of infected tissue or a further operation.
Serious infection can also progress to sepsis.
Establishing what caused the infection
Determining why an infection developed is often one of the more difficult parts of these claims.
An infection may originate from bacteria already present on the patient’s skin or body, develop during the surgical procedure or arise during the recovery period.
The investigation may therefore involve reviewing operation records, nursing notes, wound observations, antibiotic records, blood results and microbiology cultures.
An independent medical expert can consider the organism involved, when symptoms first appeared, what treatment was provided and whether anything should reasonably have been done differently.
The purpose is not simply to establish that an infection occurred, but whether there was a failure in care and whether that failure caused additional injury.
What evidence is needed
Medical records are central to a post-surgery infection claim.
A solicitor may obtain the records from the original operation, any subsequent hospital admissions, GP records and details of further procedures or treatment required because of the infection.
An independent consultant in the appropriate specialty can then assess whether the care fell below the expected standard and whether earlier prevention, diagnosis or treatment would probably have changed the outcome.
Time limits
In Ireland, medical negligence claims are generally subject to a two-year limitation period from the date the cause of action accrued or the injured person’s date of knowledge, whichever is later.
Where the injured person is a child, different rules apply because a child is treated as being under a legal disability until adulthood.
Medical negligence claims are excluded from the Injuries Resolution Board process and are pursued through the courts.
