Surgery Infection Claim
Can my father make a surgery infection claim? He became ill from septic shock following a hip operation and it left him with kidney failure.
Making a surgery infection claim may be difficult as establishing hospital negligence can be complicated. Septic shock is one of the side effects of MRSA, and even though contracting it may seem like reason enough to have an eligible claim for infection from surgery; it may not be enough evidence for having a successful claim, especially if your father was not screened for MRSA before undergoing surgery. A surgery infection claim is more likely to be successful if he is making it because there was a delay in treatment of MRSA or if there was an error in diagnosis rather than if he is making a claim for catching the illness. If a number of people who were being treated in the hospital at the same time as your father also contracted MRSA then this could also strengthen his claim.
It is advisable that you or your father contact a personal injury claims solicitor with experience in dealing with compensation claim for surgery infection at the first possible moment. Because of how complicated your father’s claim is likely to be, he or she will be able to provide more specific information than I will be able to here. Explain to them the circumstances in which your father’s illness was sustained, the extent of his kidney failure and the length of time that he suffered from the effects. The solicitor will take this information into consideration and attempt to gather evidence that will establish the negligence of the hospital involved. If your solicitor can establish negligence then he will inform your father of the viability of his claim and may offer him legal representation.
If your father’s surgery infection claim has considerable strength, the solicitor will send a letter of claim to the hospital and begin the claims process. Your father should be wary of any offer of compensation he may get from the hospital’s insurance company in the meantime. Such unsolicited offers of compensation often turn out to be inadequate as they will not have had time to fully assess the extent and permanency of your father’s illness and damaged kidneys. Always present such offers to a solicitor with knowledge of your situation who will be able to tell you if you are likely to receive more in the event of pursuing a claim.
Your father’s claim will be calculated based on a number of elements, such as his age, sex and general state of health prior to infection from surgery, the pain or suffering he has experienced and the impact it has had on his quality of life, both financially and psychologically. Retain any documentation you can that will demonstrate the impact it has had on his life such as medical receipts and a copy of his medical history; anything that will provide evidence and potentially strengthen your father’s compensation claim for surgery infection.
Although the UK Statute of Limitations allows three years from the date that illness was discovered for potential claimants to pursue a claim, it is still advisable to discuss your father’s surgery infection claim with a solicitor at the first possible moment to avoid and potential delays or hindrances that may arise with what is likely to be a complicated claim.