My brother got offered a sum of compensation by the HSE for when he suffered an allergic reaction to the medicine given to him when he was a patient in hospital, should he accept it?
It is impossible to say if your brother should accept this offer of claim for an allergic reaction to medicine given to a patient in hospital compensation without first knowing the amount of compensation that has been offered, the nature of his allergic reaction and the subsequent impact it has had on his life. However, such unsolicited offers are often not appropriate when it comes to sufficiently covering the medical consequences a person may have endured due to medical negligence.
These offers are often made not long after negligence has occurred, meaning they will not have had to time to fully assess your brother’s claim for a patient having an allergic reaction in the hospital. It is in the HSE’s best interest for your brother to accept this claim for his allergic reaction to the incorrect medicine as it will ultimately save them money – both in the amount of compensation they will have to provide and in legal fees.
It is therefore advisable that your brother contact a medical negligence claims solicitor at the first possible moment. He should present to them the offer of compensation for an allergic reaction to medicine given to patient in hospital that has been made to him. After the solicitor examines this offer of claim in relation to the extent of the medical consequences your brother has suffered, they will be able to advise him of whether or not it is fair and if he is likely to obtain more if he pursues a claim.
Your brother’s claim will be calculated by taking into account his age, sex, state of health prior to his allergic reaction to the incorrect medicine, the pain and suffering he has endured because of it and the subsequent impact it has had on his life, both financially and psychologically. This impact will be covered by the areas of medical negligence claim known as special damages and general damages.
Special damages will take into consideration any financial impact that being a patient who had an allergic reaction in the hospital has had on your brother’s life. He could potentially reclaim any medical expenses incurred in addition to any other necessary costs incurred as a consequence. General damages will take into account his loss of amenity — the temporary or permanent loss of ability to take part in his former everyday life, his pain and suffering, any quantifiable psychological injury suffered and any other non-financial affect it had had on his life.
The information provided here in relation to unsolicited offers of compensation and how a claim for an allergic reaction to medicine given to a patient in hospital may be calculated is merely general advice. A professional solicitor who has experience in medical negligence claims will not only be able to give your brother more specific advice, they will also be able to inform him of how much he could be entitled to receive should he pursue his claim. Therefore it is advisable that he contact a solicitor at the first available opportunity.