Claim for Wrong Hand Amputation
Should I still try making a claim for wrong hand amputation even though the NHS insurance company has already offered me a sum of compensation?
It is still advisable to make a claim for wrong hand amputation despite the fact that the NHS has already offered you compensation. Although the thought of avoiding potentially complicated litigation in order to claim compensation for when wrong hand was amputated may seem appealing, the fact is that such unsolicited offers often prove to be insufficient when it comes to covering the extent of an injury. It is likely that the insurance company has not fully assessed the consequences of your amputation of the wrong hand and the impact it will have on your quality of life. It is also important to note that should you accept this offer, you will not be able to return to the insurance company and ask for more if it turns out to be inadequate.
Therefore it is in your best interest to contact a personal injury claims solicitor with experience in this area of claims and show them the offer that has been made to you They will be able to evaluate your claim and inform you of whether or not you would be likely to obtain more if you initiated a claim for wrong hand amputation yourself. Although they offered you compensation, this offer is not a formal admission of NHS liability, so your solicitor will help you to compose a letter of complaint to the NHS to begin the claims process.
Your solicitor will then write to everyone involved in the surgery which resulted in the amputation of your wrong hand in order to establish who was negligent. It is not always necessarily the main surgeon who is to blame in such instances of medical negligence; it could be the fault of someone else in the team involved, such as one of the nurses, technicians or administrators. Your solicitor will obtain all relevant documentation from the day of your surgery in addition to your medical history and he or she will present it to an independent medical expert. The medical expert must determine whether or not your wrong hand amputation could have been avoided if anyone in the medical team had taken alternative steps. The medical expert will inform the solicitor of what they conclude and based on this your solicitor may offer you legal representation for claiming compensation for when your wrong hand was amputated.
The value of your claim will then be calculated in accordance with the Judicial College Guidelines for the Assessment of General Damages. This is a publication that contains a list of various injuries and the amount of compensation that they are worth based on how severe they are and their permanency. The solicitors involved will also take into consideration your age, sex, general state of health prior to your wrong hand amputation, the pain and suffering you have endured and the impact it has had on your quality of life. The latter aspect takes into account both financial and psychological repercussions of an injury, so it is important to retain any medical receipts or documentation that could potentially strengthen your claim.
It is in your best interest to make an appointment for a consultation with your solicitor at the first possible moment. Only they will be able to provide you with the specific, relevant information that you need for making a claim for wrong hand amputation compensation.