Compensation Claim for Amputating Wrong Arm
What is the process of making a compensation claim for amputating the wrong arm?
In order to begin the process of making a compensation claim for amputating the wrong arm, it is advisable that you contact a personal injury claims solicitor who has dealt with amputating the wrong arm claims at the first possible moment. They will be able to evaluate the strength of your claim based on the specific information you provide them with and advise you of the likelihood of your claim being a success. Although amputation of the wrong arm may seem like a clear demonstration of negligence, if the negligence of someone in the medical team involved in your operation cannot be established then a claim cannot be made as there will be nobody to make a claim against.
Your solicitor will first try to establish who was negligent. He or she will do this by contacting the medical professionals involved in your operation and requesting access to the relevant medical documents from your operation. These documents will be presented to an independent medical professional whose job it is to establish whether or not the wrong arm amputating injury, could have been prevented if another competent medical professional were involved in your operation and if alternative actions had been taken.
If this surgical expert concludes that your wrong arm amputation was due to lack of care on the part of the medical professionals involved and was entirely avoidable then your solicitor will help you compose a letter of complaint to send to the NHS Trust or the private hospital where your surgery took place. It is important to have a solicitors assistance while writing such a letter as how it worded could affect the strength of your compensation claim for amputating the wrong arm .Your solicitor will then write a ‘Letter of Claim’ to the negligent party informing them that you are pursuing a claim against them for wrong arm amputating injury you have suffered.
The negligent party’s insurance company will then have twenty-one days to acknowledge receipt of the ‘Letter of Claim’ and then ninety days to either admit or reject liability for the injury you have sustained. Until the negligent party admits responsibility, there will be no mention of how much your amputating the wrong arm claim may be worth. The value of your claim will be evaluated based on a number of factors. They will consult the Judicial College Guidelines for the Assessment of General Damages for a base value of your wrong arm amputation injury. This is a publication which lists a variety of injuries and their value based on severity and permanency. Your age, sex, the pain and suffering you have endured because of your injury and the impact it has had on
If liability if admitted your solicitor will negotiate with their insurance company about the amount you should receive for your injuries. If the negligent party denies liability or if an amount cannot be agreed upon then the claim may have to be pursued in court, however this is unlikely to happen. Your solicitor will inform you of all possible outcomes with you upon meeting to discuss compensation claim for amputating the wrong arm.