How much could I get if I claim compensation for a surgical error?
It is impossible to tell you how much you could be entitled to if you claim compensation for a surgical error without knowing more specific information about the circumstances of this surgical error and the medical consequences that have occurred because of it. Medical negligence claims can be complicated – if you did not suffer an injury, illness or deterioration of an existing condition as a result of medical negligence, the error made during surgery claim will not be successful – even if an error was indeed made during your surgery. Furthermore, although a surgical error may seem like a clear demonstration of medical negligence, it will have to be determined by an independent medical expert that you would not have suffered an injury or illness if a different course of action had been taken or if another competent medical practitioner had performed the surgery.
It is therefore in your best interest to contact a solicitor with experience in dealing with medical negligence claims at the earliest possible opportunity. After you inform them of the nature of the medical consequences you have suffered and the subsequent impact they have had on your life, your solicitor will be able to advise you on the viability of your claim and how best to proceed. Your solicitor will obtain the medical notes from when a surgical error occurred during your operation and these will be shown to an independent medical expert. If the medical expert concludes that there was a demonstration of negligence, your solicitor may proceed with your claim.
If you are indeed eligible to claim compensation for a surgical error, the amount you could receive will be calculated based on a number of factors. The solicitors involved in negotiating your claim will obtain a base value from the Book of Quantum – a publication that contains a list of various injuries and their claim values which are dependent on their extent and permanency. If the particular illness or injury that you have sustained cannot be found in this book, then a base value will be obtained by examining previous claim settlements that are similar to yours. This value will be adjusted when the solicitors consider your age, sex, state of health before a surgical error occurred during your operation, the pain and suffering you experienced and the subsequent impact it has had on your life.
In accordance with the Statute of Limitations, you will have to two years to initiate your error made during surgery claim. The date that this time limit begins is either on the date that you discovered that you had sustained illness or injury from the surgical error or the “date of knowledge”. This date of knowledge begins on the date that you are diagnosed with a medical consequence that is considered to have been caused by medical negligence.
If you wish to claim compensation for a surgical error it is recommended that you seek legal advice from a solicitor. A solicitor who has been informed of your particular circumstances will be able to provide you with more specific information than what has been provided here and will also be able to advise you on whether or not you have a claim that is worth pursuing. Therefore it is advisable that you make an appointment for a consultation at the first possible moment.