Compensation Claim for Surgical Procedure Error
I would like to make a compensation claim for surgical procedure error after I had an operation performed on the wrong kidney. How much could I get?
I cannot answer how much compensation claim for surgical procedure error you could be entitled to receive without knowing more about the error that was made and the medical consequences of this error. In order to make a claim an injury must have occurred as a result of negligence. Even if you consider there to have been a clear demonstration of negligence, a claim will not be successful unless an injury, loss, or deterioration of an existing condition was sustained as a result. An injury from a surgery procedure error during operations is not always due to the negligence of the surgeon. Sometimes it can be due to an error made by someone else in the medical team involved. To make a surgical error claim the negligent party will also have to be established, as without a negligent party a claim cannot be made.
Therefore it is advisable to contact a personal injury claims solicitor with knowledge of surgical error claims as soon as it is convenient. Explain to them the injury you have sustained and the severity of that injury. They will then contact the medical team involved in your surgical procedure and obtain all the relevant medical notes and present these to an independent medical expert. The independent medical expert will examine these notes and establish whether or not your injury could have been prevented if doctors had taken an alternative course of action and if the same outcome would have occurred if another competent doctor had been operating on you. They will inform your solicitor of what they conclude and your solicitor will then advise you if you have a strong enough compensation claim for surgical procedure error that is worth your while to pursue.
If your solicitor deems your claim to be of considerable strength they may offer to represent you in your claim. This is the stage where you will find out then worth of your claim. It will be calculated based on a number of elements. The solicitors involved will first examine the Judicial College Guidelines for the Assessment of General Damages to find a base value. This is a publication that lists various types of injuries with compensation values assigned to them depending on their severity and permanency. If the specific kidney damaged you sustained is not listed, then they will examine previous cases of similar injury from surgery procedure error claim settlements and your settlement will be based on these. They will also take into account your age, sex and general state of health prior to the surgical error, the pain and suffering you have experienced and the impact your injury has had on your quality of life consequently. You should make sure to retain any documentation that will account for the expenses you have incurred as a result and anything that will also demonstrate any psychological trauma you may have experienced.
This is general advice with regards to making a compensation claim for surgical procedure error and how your final settlement may be calculated, it is by no means a substitute for the specific advice that a personal injury claims solicitor who has knowledge of the circumstances in which you sustained injury will be able to provide.