I think I may have C-Difficile after a recent stay in hospital, could I claim compensation for a post-surgery infection?
You may be entitled to claim compensation for a post-surgery infection. However, if you do think that you have indeed contracted C-Difficile then it is vital that you seek professional medical treatment at the first possible moment. C-Difficile can be a serious infection, although the symptoms of abdominal pain and diarrhea may not appear to be too serious as first, if left untreated it can be life threatening. Furthermore, your final settlement for your claim for an infection that was contracted post-surgery may be affected by contributory negligence if your condition has worsened as a result of not seeking prompt medical attention. This is when the amount of compensation you receive is reduced if you are considered to have exacerbated your illness.
If after you have visited your local GP or emergency room it turns out that you have contracted an infection after your operation, you should seek advice from a medical negligence claim solicitor at the first possible moment. Once you inform them of the circumstances in which you contracted this infection, the pain and suffering you endured because of it and the subsequent impact it has had on your quality of life, they will be able to inform you of the viability of your claim and your options for proceeding. If they think that you could have a high likelihood of success, they will obtain any relevant hospital notes and present them to an independent medical expert. If this expert concludes that your infection was due to negligence and was ultimately avoidable, your solicitor may agree to proceed with your claim for compensation for a post-surgery infection.
The amount of compensation you could receive for the infection that you contracted post-surgery will be calculated based on a number of factors. The solicitors involved will take into consideration your age, sex, your general state of health before contracting infection after your operation and your loss amenity. Loss of amenity refers to any instances you have experienced where you have been unable to take part in what would previously have been normal, everyday activities. For example if you cannot go to work, take part in leisure activities or even do household tasks this will be accounted for. Furthermore, if you have incurred any expenses or financial losses then you may be able to reclaim this money as part of the area of claim known as special damages.
Medical negligence claims can be complicated due to how difficult establishing negligence tends to be. Therefore, if you wish to claim compensation for a post-surgery infection it is advisable that you seek professional legal advice from a solicitor so that they may inform you of whether or not negligence can be established and if you have a claim that is worth pursuing. They will be able to provide you with more specific information than what is provided here. You should discuss your potential claim with your solicitor at the first available opportunity.