Compensation for Wrong Surgical Procedure during Operation in NHS Hospital
How much compensation for wrong surgical procedure in NHS hospital should I be entitled to receive for undergoing unnecessary hip surgery?
I am unable to tell you how much compensation for wrong surgical procedure in NHS hospital you could be entitled to receive without having specific knowledge of the circumstances of the surgery and whether or not negligence can be established. Therefore, I would like to suggest that you contact a personal injury claims solicitor at the first possible moment. They will be able to give you far more specific, relevant information than I will be able to here and inform you of all of your options with regards to pursuing a claim for wrong surgery.
Unless you sustained injury or experienced some kind of medical consequence from the wrong NHS surgical procedure on your hip then it will not possible to make a wrong surgery compensation claim. Additionally, unless you can establish who in the medical team can be considered as being negligent with regards to your wrong hip surgery, then your claim will not be successful. This is another reason why contacting a solicitor as soon as it is convenient is advisable. They will be able to evaluate the strength of your claim by assessing the injury you have sustained and subsequently establish whether or not there was a demonstration of negligence during your surgery.
He or she will do this by contacting the medical team involved in the surgery and those who may have determined that that this surgery was needed. It is not always necessarily the surgeon who is at fault in such situations, for example a wrong NHS surgical procedure could be due to a miscommunication or wrong information provided to the surgeon by the administrational team or a nurse. Your solicitor will obtain any necessary medical notes, and documentation from the medical team involved in your hip surgery, and present these to an independent medical expert. The medical expert will examine these notes and determine whether or not this negligence could have been avoided had other competent medical professionals been involved in your surgery or diagnosis. If the medical expert concludes that there was a demonstration of negligence then the solicitor may offer you legal representation and they will send letters of claim to the medical professional(s) who could be deemed negligent.
Only when there is an admission of liability from the negligent party will your solicitor discuss the amount of wrong surgery compensation you could be eligible to receive. Once liability is acknowledged, your solicitor can enter into negotiations with the medical insurance company in order to secure your maximum possible entitlement of compensation. The solicitors calculating your claim will first examine the Judicial College Guidelines for the Assessment of General Damages, which is a publication that lists a variety of injury types and their values based on their permanency and severity, to find a base value for your claim. They will then adjust this figure accordingly in order to take into account your age, sex, health prior to the wrong surgery, the pain and suffering you may have experienced as a result and the impact this wrong surgery has had on your general quality of life as a consequence, both financially and psychologically.
Again, this is a general overview of the claims process and how your potential claim could be calculated; it is no alternative to the advice that will be provided by a solicitor who has been informed of your particular situation. Therefore if you have been injured and would like to compensation for wrong surgical procedure in NHS hospital, it would be in your best interest to contact a personal injury claims solicitor as soon as possible to discuss your claim.