Claim for Wrong Site Surgery
How much compensation is generally awarded in a claim for wrong site surgery and how long do I have to do it?
The amount of compensation that is awarded for a claim for wrong site surgery is always going to be dependent on the body area that was operated on and the consequences of it. In order to make a claim for wrong surgery compensation a discernible injury, loss or deterioration of an existing condition has to have occurred as a result, even if you think that there was a clear demonstration of negligence. Furthermore, I cannot give a general figure as even if somebody suffered the same kind of surgery performed on wrong site injury that you did, there is no guarantee that you would receive the same amount of compensation as no two personal injury claims are identical.
It is recommended that you visit a personal injury claims solicitor who has knowledge of claims for wrong site surgery at the first possible moment. Only they will be able to tell you how much compensation you could be likely to receive, but only after you have informed them of the specific circumstances of your surgery performed on wrong site, the extent of the injury, loss or deterioration you experienced and this is only after they have established who was negligent. Negligence will be determined by an independent medical expert who has examined any medical notes pertaining to your wrong site surgery. They will decide whether or not what you experienced could have been avoided if alternative action had been taken by one of the medical professionals involved in your operation.
If the medical expert concludes that what you have endured was preventable, the solicitor may offer to represent you in your wrong surgery compensation claim. They will send a letter of claim to the NHS and the process of calculating your claim will begin by examining the Judicial Guidelines for the Assessment of General Damages. This is a book that lists various injury types and the values assigned to them based on their severity and permanency. Your claim value will also be calculated by taking into account your age, sex, general state of health prior to surgery, the pain and suffering you have experienced and the impact it had had on your quality of life.
The UK Statute of Limitations, which was brought established as part of the Limitations Act in 1980, allows a claimant to claim for up to three years after an injury was sustained from surgery. The date that this limit would begin in your case would probably be the day that your wrong site surgery occurred. The reason this law was set up was so that those who wanted to make a claim would do so when the evidence was still new and so that defendants would not have to live in continual fear of litigation. Although three years may seem like plenty of time to pursue a claim, it is still in your best interest to speak with a solicitor as soon as you decide that you want to make a claim because unforeseen delays may come about, such as with regards to gathering evidence or with deciding how much compensation you are eligible to receive.
Therefore, it is advisable that you speak with your solicitor at the first possible moment about the possibility of obtaining compensation claim for wrong site surgery and how much you could be eligible to receive.