How he won compensation when post-operative care fell short of medical standards
Paul is a 52-year-old man from Cork who had what should have been a straightforward knee operation in 2022. His surgeon said the procedure was routine — something thousands of people have done each year with good outcomes. Paul was nervous, but he trusted the hospital and his surgical team. He'd been told to expect a few weeks of discomfort followed by recovery.
Three days after the operation, Paul noticed his surgical wound was becoming increasingly painful and swollen. He rang the hospital, described what was happening, and was told this was normal. He was advised to watch it over the weekend. By Monday morning, Paul had a fever. His wound had started to discharge fluid that didn't look right. He went straight to the hospital's emergency department, now genuinely frightened.
The doctors in A&E quickly diagnosed a serious surgical site infection. Paul was admitted immediately and started on strong antibiotics. What should have been a simple problem to avoid had now become a serious one to treat. He spent two weeks in hospital as an inpatient, then another six weeks managing the infection at home with regular nurse visits and antibiotics. The infection delayed his recovery by months. What he'd been told would be a six-week return to normal became six months of pain, worry, and disruption to his work and family life.
Six months later, when Paul asked questions about how the infection had happened, the hospital's investigation revealed something troubling: standard post-operative wound care protocols had not been followed properly. The wound dressing changes after surgery hadn't been documented. The standard sterile technique checklist hadn't been completed. These weren't mysterious failures — they were breaches of basic, well-established hospital procedures that exist precisely to prevent infections like the one Paul suffered.
Paul was upset but determined. He contacted eSolicitors.ie and was put in touch with a solicitor who specialised in medical negligence. His solicitor gathered medical records, obtained an independent expert opinion confirming the breach of care standards, and began negotiations with the hospital's insurer. Two years after the infection, Paul received a settlement of €85,000 in compensation.
Medical practitioners and hospitals owe every patient a duty of care. This is a legal duty — it's not just about being nice. It's about meeting the standard of care that a reasonably competent medical professional would provide in the same circumstances.
A claim for medical negligence requires three things:
1. A duty of care existed. From the moment you walk into a hospital or see a doctor, this duty exists.
2. The duty was breached. The treatment fell below the standard a reasonable professional would have provided. In Paul's case, the breach was clear: post-operative protocols simply weren't followed.
3. The breach caused you harm. You have to show that but for the negligent treatment, you wouldn't have suffered the injury or complication. Paul's infection directly resulted from the missed post-operative care.
The courts look at what the medical profession itself considers standard practice. If a procedure or protocol exists in hospitals to prevent a known risk, and a healthcare worker fails to follow it, that's often strong evidence of negligence.
The good news is that you don't need to prove the medical team was deliberately careless or unkind. Negligence is about failing to meet the professional standard, whether through oversight, lack of training, poor systems, or exhaustion. It's about what was done (or not done) and whether it fell short of what should have happened.
Compensation in medical negligence cases covers both financial losses and the physical and emotional harm you've suffered. Here's what that usually includes:
Paul's €85,000 settlement included:
The amount you receive depends on how serious the harm is and how much impact it's had on your life:
Paul's case would likely fall into the moderate to serious category, depending on the long-term effects of the misdiagnosis and the infections he developed.
Tell Sarah what happened. She will explain your options and match you with the right solicitor in your county — completely free, no obligation.