Claim Compensation for Unnecessary Surgery
How much could I be eligible to receive if I claim compensation for unnecessary surgery?
It is not possible to tell you how much you could receive if you were to claim compensation for unnecessary surgery without first knowing the specific details of the unnecessary surgery you underwent, any medical consequences you experienced as a result and the subsequent impact it has had on your quality of life. The only one who will be able to inform you of how much you could receive is a medical negligence solicitor that has knowledge of your experience with the operation that was unnecessary. From the information you provide to your solicitor, they will be able to advise you on the viability of your claim and whether or not it is worth pursuing.
Although undergoing an unnecessary surgery may seem like a clear sign of negligence, to make a claim you will have had to have suffered a medical consequence, that is, an illness, injury or the deterioration of an existing condition as a result. It will also be necessary for an independent medical expert to determine if the medical consequences you experienced could have been avoided in other circumstances — such as if a medical professional performing had taken alternative steps in your procedure, or if another, competent medical practitioner had been involved instead. Your solicitor will attempt to establish that negligence occurred by presenting your medical notes to an independent medical expert for examination. If negligence can be established, your solicitor may agree to proceed with your claim for surgery that was unrequired.
The settlement in your claim for compensation for unnecessary surgery will be calculated by examining a number of factors. The solicitors negotiating how much you should receive will first obtain a base value from the Book of Quantum — a publication that contains claim values assigned to a variety of injuries based on their extent and permanency. If the particular illness or injury that you suffered due to an operation that was unnecessary cannot be found in this book, then the solicitors involved will obtain a base value by referring to previous settlements that were similar to yours.
The figure that they obtain will then be adjusted to take into consideration your age, sex, general state of health before undergoing a surgery that was unrequired, the pain and suffering you experienced and your loss of amenity. Loss of amenity will take into consideration if you can no longer partake in normal, everyday tasks. For instance if you have been left unable to work or perform domestic activities – either permanently or temporarily — this will be compensated for as part of loss of amenity. Additionally, it would be in your best interest to retain any receipts for medical expenses or any other costs incurred due to your unnecessary surgery, as these costs can be reclaimed as part of the area of personal injury claim known as special damages.
The amount that you could be entitled to receive if you claim compensation for unnecessary surgery will be reliant on numerous factors; therefore it is impossible to provide you with an exact figure. A solicitor who has been informed of your particular situation will be able to provide more specific information than what has been provided here, in addition to advising you on how much you could be liable to receive. It is therefore recommended that you contact your solicitor at the first practical opportunity to discuss your claim.