Can I claim compensation for a sponge left inside a patient during an operation if it gave me an infection that left me unable to work for months?
It should be possible to claim compensation for a sponge left inside a patient during an operation if the subsequent infection has rendered you unable to work. When a medical negligence claim is being calculated, a number of factors are taken into consideration; one of these being the subsequent impact the consequences of medical negligence has had on a person’s life, both financially and psychologically. As part of your claim for a sponge being left in a patient’s body after surgery, you could be compensated for being unable to work as part of the areas of claim known as general damages and special damages.
Before general damages and special damages are taken into account, the solicitors who are involved in calculating the amount of compensation for having a sponge left in your body that you should be entitled to will first examine the Book of Quantum to find a base value for your claim. The Book of Quantum is a publication that lists various injuries and their claim values – these values being dependent on their extent and severity. If the particular infection you have contracted cannot be found in this book, then the solicitors will evaluate past claim settlements that were similar to yours and obtain a value based on these. This figure will then be adjusted to take into account your age, sex, general state of health prior to the sponge being left in your body, the pain and suffering you have endured in addition to special damages and general damages.
General damages will take into consideration the non-financial impact that your infection has had on your life, for example – physical injury, quantifiable psychological trauma and loss of amenity. Loss of amenity refers to instances where you have been left unable to life your life the way you used to, for instance, if you can no longer do household chores, look after your children or even go to work. It will also take into account any further pain and suffering you may endure due to any further surgical procedures that will be necessary to remedy the sponge being left in your body.
Special damages take into account the financial effect your illness may have had on your life. As part of special damages, you could be compensated for the costs of medicine, current and future necessary medical treatment, in addition to any loss of income you have experienced due to being unable to work. You should try to retain any documentation or receipts that you have pertaining to how you have been left unable to work and how this has affected you psychologically and financially. Any evidence you present to your solicitor may serve to strengthen your claim for a sponge left in a patient’s body after surgery.
If you have had a sponge left in your body during surgery, it would be in your best interest to contact a solicitor with experience in dealing with medical negligence claims. Medical negligence claims can be complicated, so it is important to know whether or not your claim is viable. Once you inform your solicitor of the illness you sustained due to a sponge being left inside you and the subsequent impact this has had on your life, they will be able to tell you if you have a claim that is worth pursuing and your options for proceeding. Therefore, it is advisable to speak to a solicitor about your claim for compensation for a sponge left inside a patient during an operation at the first practical moment.