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Surgical Mesh Implant Compensation Claims

The failure of a surgical mesh implant can lead to ongoing health issues such as chronic pain, inflammation, and infection. Mesh erosion into surrounding tissues can cause organ perforation or fistulas, leading to further medical complications. There may also be issues with wound healing, and in cases involving pelvic surgeries, urinary or fecal incontinence and sexual dysfunction can occur. Often, revision surgeries are required to remove or replace the mesh, which can lead to additional recovery time and the potential for further complications. In circumstances where the failure of the mesh is due to medical error, it may be possible to bring a compensation claim.

Surgical mesh implant

Helpful Information

A surgical mesh implant is a medical device used to provide additional support to weakened or damaged tissue. Made from either synthetic materials or natural biologic tissues, it is commonly used in various types of surgeries, such as hernia repairs, reconstructive surgery, and pelvic organ prolapse procedures. The mesh acts as a scaffold, allowing new tissue to grow and integrate with the existing tissue. Over time, this supports the healing process, helping to restore the function and structure of the affected area. However, like any surgical intervention, the use of surgical mesh can sometimes lead to complications, such as infection or rejection.

Common causes of surgical mesh failure

Surgical mesh implants can fail due to several factors including poor surgical technique, the body’s rejection of the mesh material, and infection at the implant site. Additionally, the quality and type of mesh used can affect outcomes; some materials might degrade over time or provoke an inflammatory response. Patient-specific factors, such as underlying health conditions or activity levels, also play significant roles in the success or failure of mesh implants, potentially impacting the healing process and the stability of the implant.

Bringing a medical malpractice claim

Grounds to bring a compensation claim following the failure of a surgical mesh implant exist if the failure is linked to medical negligence, such as improper surgical technique, incorrect mesh choice, or inadequate patient information about risks. Additionally, if the mesh used is later found to be defective, such as through manufacturing errors or insufficient safety testing, this too can provide a basis for a claim. Patients can seek compensation for damages resulting from such failures, including medical expenses, pain and suffering, loss of earnings, and diminished quality of life.

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Frequently Asked Questions

Some of the questions often posed to our medical negligence team.

  • Which procedures commonly use surgical meshes?

    Surgical mesh implants are widely used in various medical procedures to reinforce weakened or damaged tissue. They are commonly utilised in hernia repairs, where they help prevent the recurrence of hernias by providing extra support to the affected area. In urogynecological surgeries, such as for pelvic organ prolapse, surgical meshes support organs like the bladder, uterus, and rectum. Additionally, they are used in reconstructive surgeries, including chest wall reconstruction and abdominal wall repairs.

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  • What are the most severe consequences of a failed surgical mesh implant?

    The most severe consequences include chronic, debilitating pain and significant infection, which may lead to sepsis. Organ perforation and fistulas can result from mesh erosion, causing life-threatening complications. Such failures often require multiple corrective surgeries, which carry their own risks and may not fully restore function or well-being. Additionally, severe physical complications can lead to emotional and psychological distress. In the most extreme cases, these complications can be incapacitating, profoundly affecting the patient's quality of life and ability to perform daily activities.

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  • How is it possible to prove negligence?

    Proving negligence in the case of a failed surgical mesh implant involves demonstrating that the healthcare provider deviated from standard medical practices in a way that caused harm. This could be through improper implantation technique, failure to choose the appropriate mesh type for the patient’s condition, or not fully informing the patient of the risks involved. Expert testimony from medical professionals, evidence of the patient’s health before and after the surgery, and records of the surgical procedure and follow-up care are crucial. Sometimes, if the mesh itself is defective, evidence from similar cases may be required to support the claim.

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  • Do I need a solicitor to bring a compensation claim?

    While it's not mandatory to hire a solicitor to bring your claim, it is highly recommended. A solicitor specialised in medical negligence can provide expert guidance through the complex legal processes involved. They can help gather and present evidence effectively, negotiate settlements, and advocate on your behalf in court if necessary. Having a solicitor can increase the likelihood of a successful claim and ensure that you receive appropriate compensation for your injuries

Start your surgical mesh implant claim

If you experienced complications during a surgical mesh implant surgery that has caused you ongoing health problems, get in touch with our specialist medical negligence solicitors to gather more information about starting a claim. Call us on 1800 390 555 and an experienced member of staff will discuss your situation and potential next steps. You can also email on info@mccarthy.ie and we will get back to you as soon as we can.
Medical Negligence Team at McCarthy + Co

About McCarthy + Co

With more than 30 years of experience in dealing with product liability and medical negligence claims, McCarthy + Co. has expertise in a wide variety of fields including defective medical devices and implants. We are a family-run business, and we pride ourselves on offering honest, impartial and helpful advice.

Our offices are based in Dublin and Cork, but we work with clients throughout Ireland in locations ranging from Galway to Waterford. You can count on us for legal advice, guidance and assistance on any form of personal injury.

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Flor McCarthy

Flor McCarthy

Email: flor@mccarthy.ie
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wears multiple hats, not only as the managing partner of one of Ireland’s leading law firms, but also as an author, speaker and an acknowledged expert in client service, innovation and marketing.

Beginning his academic journey at UCC, Flor furthered his education with a master’s degree in law from UCD. After gaining valuable experience as a solicitor in Dublin, the allure of home and the family brought him back to West Cork to contribute his expertise to the family business.
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John McCarthy

John McCarthy

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is a seasoned solicitor with almost 20 years of experience, specialises in personal injury and medical negligence claims, focusing particularly on high-value compensation cases. His extensive litigation experience spans Circuit Court, High Court and Supreme Court levels.

John's practice involves a diverse range of cases, from personal injury and wrongful death to property damage, defective products, professional negligence and judicial reviews.
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