Compensation Claim for Removal of the Wrong Kidney
How do I pursue compensation claim for removal of the wrong kidney for my 10 year old son who now has to undergo regular dialysis treatments until he can get a replacement kidney?
You will have a number of options for pursuing compensation claim for removal of wrong kidney when it comes to your son who was put in this unfortunate position due to what seems like negligence on the part of the medical team involved. This is because the UK Statute of Limitations that allows potential claimants up to three years to make a claim applies somewhat differently when it comes to child injury claims.
Because your son is ten years old and still a minor, this three year time limit will not begin until he is eighteen. Even though the Statute of Limitations was established in 1980 as part of the Limitations Act so that claims would be made while evidence was still recent, this does not apply with children because while they are still minors they are not permitted to either advise a solicitor or make a claim on their own behalf. Therefore, if you wish for your son to receive compensation in a wrong kidney removal claim as soon as possible, then you or another legal guardian without a conflict of interest will have to represent him in a claim as his “litigation friend”. Otherwise you can wait until your son turns eighteen, so that he will be able to pursue a claim for wrong kidney removed during an operation on his own behalf.
Even though it may seem like you may have a sufficient length of time to pursue a claim, it is still in your best interest to contact a personal injury claims solicitor with experience in compensation claims for removal of the wrong kidney at the first possible moment so that you may find out the viability of your son’s claim. Although removal of the wrong kidney may seem like a clear demonstration of medical negligence, unless the negligent medical professional can be established, a claim for the wrong kidney being removed during an operation will not be successful. Furthermore if your claim is being made against the NHS, then a letter of complaint will have to be sent within one year of the wrong kidney being removed.
Once the complaint is made, you should be aware that you may get approached directly by the hospital’s insurance company with an unsolicited offer of the wrong kidney removal claim. It is advisable that you present this offer to a solicitor who has knowledge of your son’s situation if you are thinking about accepting it. Much of the time these offers of compensation are insufficient when it comes to covering the full repercussions of a medical negligence injury. They will not have had time to fully assess your son’s kidney removal and the consequences of this. You should also bear in mind that if you do accept such an offer and it turns out to be insufficient then you will not be able to return to the insurance company and request more. Your solicitor will be able to inform you of whether or not you may be able to obtain more if you do decide to pursue a claim.
You should make sure to contact a personal injury solicitor at the first possible moment to discuss a compensation claim for removal of the wrong kidney. He or she will be able to provide you with more specific information about your son’s options for claiming than I have been able to here.