Dialysis is a life-saving treatment for many individuals suffering from chronic kidney disease (CKD), but it is not without its risks. In Ireland, CKD affects approximately 15.6% of people aged 50 and older, with many individuals unaware of their condition until it reaches advanced stages.
As CKD becomes more common, so too do the complications associated with dialysis treatment. Unfortunately, errors in dialysis care can lead to severe complications or even fatalities. In fact, 68.8% of dialysis-related legal disputes in Ireland arise from complications occurring before or after the procedure, with performance errors being the leading cause.
At Michael Boylan Litigation, we understand the gravity of these errors and their impact on individuals and their families. Our team is committed to representing individuals who have suffered as a result of inadequate dialysis care. We'll guide you through the legal process to secure justice and rightful compensation. If you or a loved one has faced complications from dialysis, get in touch with our experienced solicitors to discuss your case.
Kinds of Kidney Dialysis Errors
Medication Errors
Incorrect dosages or improper administration of medications, like blood thinners, can cause serious complications during dialysis.
Infection Control Failures
Improper sterilisation of dialysis equipment or failure to follow infection control protocols can lead to severe infections, particularly around catheter or needle insertion sites.
Central Venous Catheter (CVC) Complications
Incorrect placement or monitoring of catheters used for dialysis can cause blood clots, infections, or damage to blood vessels.
Fluid Management Errors
Mistakes in removing excess fluid during dialysis can lead to dangerous complications, such as low blood pressure, fluid overload, or electrolyte imbalances.
Mismanagement of Patient Monitoring
Failure to properly monitor a patient’s vital signs during dialysis may result in unnoticed drops in blood pressure, heart issues, or fluid overload.
Dialysis Machine Malfunctions
Equipment failures, including incorrect settings or improper maintenance of dialysis machines, can lead to ineffective treatment or patient harm.
Consequences of Kidney Dialysis Errors
Infections
Failure to properly follow infection control protocols, particularly when using a catheter, can lead to serious bacterial infections like sepsis.
Cardiovascular Complications
Errors in fluid management may cause sudden blood pressure drops or heart overload, increasing the risk of heart attacks, strokes, or other heart issues.
Blood Clots
Incorrect administration of anticoagulants or catheter-related issues can lead to blood clot formation, which can result in pulmonary embolisms or other life-threatening conditions.
Death
In extreme cases, errors during dialysis can result in death, with catheter complications, fluid mismanagement, and infections being the most common causes.
Organ Damage
Poorly managed dialysis can damage vital organs, such as the heart or lungs, particularly if fluid balance or electrolyte levels are not adequately controlled.
Emotional and Psychological Impact
The trauma of experiencing dialysis errors can lead to significant emotional distress for patients and their families, affecting their quality of life.
When Can You Bring a Compensation Claim Following a Kidney Injury?
A compensation claim following a kidney injury is possible when the injury results from negligence or substandard care by a healthcare provider. This could include errors during dialysis treatment, improper medication management, failure to monitor vital signs, or mistakes during surgery that lead to kidney damage. Negligence occurs when a medical professional fails to meet the accepted standard of care, directly causing harm to the patient. You may be eligible to bring a claim for compensation if you can demonstrate that the injury was avoidable and caused by a breach of duty.
Statute of Limitations
The Civil Liability and Courts Act 2004 establishes a two-year timeframe for initiating a compensation claim after a kidney injury due to negligence. This timeframe begins from the date of the injury or the date the injury was first discovered, as outlined in Section 7 of the Act. Failure to bring a claim within this limitation period may result in the loss of the right to seek compensation.
How Much Compensation Will You Get?
The compensation you can expect will depend on several factors, including those outlined in the Personal Injuries Guidelines. These include:
- Age: Younger individuals typically receive higher compensation because of the longer-term impact on their lives.
- Extent of Medical Intervention: The level of medical treatment required, such as ongoing dialysis or surgeries, plays a significant role in determining compensation.
- Scarring: Visible scars or disfigurement from surgeries or other treatments may lead to higher compensation.
- Impact on Work: If the dialysis error or resulting injury limits your ability to work, this will influence the amount of compensation.
- Quality of Life and Leisure: The extent to which the injury interferes with your daily life, social activities, and hobbies influences your compensation.
- Personal Relationships: Emotional and relational strain from the injury may also be taken into account.
- Psychological Impact: Any psychological effects from the injury, such as depression or anxiety, can affect the compensation amount.
- Prognosis: The long-term outlook and potential for further complications will influence compensation.
The Personal Injuries Guidelines also outline specific compensation ranges for kidney-related injuries. These are listed below:
- Serious and permanent damage to or loss of both kidneys: €170,000-€240,000.
- Serious injury with a significant risk of total loss of natural kidney function: €80,000-€120,000.
- Loss of one kidney, with no damage to the other: €36,000-€55,000
The exact compensation will vary depending on the severity of the injury and how the factors mentioned above apply to your situation.
