Compensation Claim for a Perforated Bowel during an Operation
Is it complicated to pursue compensation claim for a perforated bowel during an operation?
Much like any other medical negligence claim, a compensation claim for perforated bowel during operation has the potential to be complicated. This is due to the fact that although a bowel perforation from operation is more than likely a clear demonstration of negligence, in order to make a perforated bowel injury claim the negligence of a medical professional involved in your operation will have to be established. If it is determined that your bowel perforation could not have been avoided in any other circumstances then it will not be worth your while to make a claim.
It is therefore advisable that you contact a personal injury claims solicitor with experience in dealing with medical negligence claims at the first possible moment as he or she will be able to inform you of whether or not your claim is likely to be viable based on the circumstances in which you sustained bowel perforation from operation and the repercussions this has had on your quality of life and any emotional trauma you have experienced as a result. Your solicitor will try to establish the negligent party in your compensation claim for perforated bowel during operation by contacting everyone in the medical team involved in your operation. They will obtain any relevant medical notes and documentation and subsequently present this to an independent medical expert who will be able to determine whether anything could have been done to avoid your bowel perforation and if it still would have occurred had another competent medical professional been performing the operation.
Whether or not your solicitor decides to represent you in a claim will be dependent on what this medical expert concludes. If negligence is established, the solicitor will send a letter of claim to the medical professional(s) who can be considered as being responsible for your perforated bowel. They, or their medical insurance company, will have twenty one days to acknowledge receiving the letter. They will then have a further ninety days to admit liability. Until they admit liability there will be no mention of how much compensation in your perforated bowel injury claim you may be entitled to receive. If there is an admission of liability your solicitor will negotiate the value of your claim with the medical insurance company, trying to ensure that you will receive the greatest possible amount of compensation that you are entitled to. If there is no admission of liability then your case will have to be settled in court; however this generally only occurs with catastrophic injuries.
The information provided here is merely general advice when it comes to the complications of medical negligence claims and the process for making a compensation claim for perforated bowel during operation. A personal injury claims solicitor who has knowledge of your particular situation will be able to provide information that is more specific and more relevant to you. Therefore it is advisable that you contact one at the first possible moment to discuss your claim.