Will it be difficult to claim for a surgeon nipping my bladder in an operation if it has left me temporarily incontinent and unable to take part in daily life?
It may be difficult to claim for a surgeon nipping your bladder in an operation due to the typically complicated nature of proving negligence in medical negligence claims. Although having your bladder nipped by surgeon suggests a clear breach in the duty of care owed to all patients by medical practitioners, it will have to be proven by an independent medical expert that it could have been avoided on the “balance of probabilities”. Therefore, if you have had your bladder injured during an operation it is advisable that you speak with medical negligence solicitor at the first possible moment so that the process of establishing negligence can begin.
Your solicitor will be able to assess whether or not your claim for surgeon nipping your bladder in an operation is worth pursuing when you inform them of the circumstances in which it occurred, the pain and suffering you endured and how it has affected your life consequently. If your solicitor thinks that your claim may have considerable strength, they will contact the medical practitioners involved in the operation where your bladder was nipped by a surgeon and they will obtain any relevant medical notes.
These notes will be shared with a medical expert. This medical expert will determine if your bladder injury could have been avoided if alternative actions had been taken and if another medical professional had been involved in the operation. Based on what this medical expert concludes, your solicitor will decide whether or not they will proceed with your claim. If they think that it could be successful, they will initiate a claim against the hospital involved for when your bladder was injured during an operation.
The solicitors involved in calculating your claim will do so based on a number of factors. A base value for your nipped bladder injury will be obtained from The Book of Quantum — a publication that lists various injuries and their claim values based on their extent and permanency. This figure will then be adjusted to account for your age, sex, general state of health before your bladder being nipped, special damages and general damages. Special damages will account for any financial impact a medical negligence injury has had on a person’s life. For instance, you could reclaim any medical expenses incurred and will incur for the treatment of your nipped bladder, in addition to any financial losses experienced due to being unable to work. General damages takes into account any non-financial changes you have had to make to your life, any measurable psychological injury sustained, pain and suffering experienced and that you may experience in future, in addition to loss of enjoyment in life. You should make sure to retain any receipts or relevant medical documentation that will strengthen your claim in relation to special damages and general damages.
If you wish to make claim for claim for your surgeon nipping your bladder in an operation, it is in your best interest to contact a medical negligence claims solicitor at the first available opportunity. They will be able to tell you more about the claims process, establishing negligence and how your particular claim could be calculated. If they think that your claim has a considerable likelihood of success, they may offer you legal representation.