What value of compensation claim for the surgical removal of the wrong kidney during an operation should I be entitled to receive if I am no longer able to work and properly look after my children?
It is impossible to inform you of the value of your potential compensation claim for the surgical removal of the wrong kidney during an operation you could be entitled to receive without first knowing if negligence can be established and the impact your wrong kidney removal has had on your quality of life. While it may seem like removing the wrong kidney during an operation would be enough evidence to pursue a compensation claim, the situation will have to be assessed by an independent medical expert who will determine whether or not it could have been avoided had alternative steps been taken and if another competent medical professional had been performing the operation. Only after negligence has been established will you have grounds to make a claim for incorrect kidney removal during an operation compensation.
It is therefore in your best interest to contact a claims solicitor with experience in medical negligence related claims at the first possible moment. They will attempt to determine negligence by contacting the medical professionals involved in your surgery and obtaining all relevant medical documentation. They will then present these documents to an independent medical expert who will inform your solicitor of whether or not there was a demonstration of negligence in the removal of your kidney. Based on what the medical expert concludes, your solicitor will then advise you of whether or not it would be wise to pursue a claim for the surgical removal of the wrong kidney during an operation and may offer you legal representation.
After the negligent party has admitted liability, your solicitor will enter into negotiations with the negligent party’s insurance company to discuss the amount of incorrect kidney removal during an operation compensation you could be eligible to receive. The value of your claim will be calculated based on a number of factors. They will find a base value figure for your claim by examining the Judicial College Guidelines for the Assessment of General Damages, which is a publication that lists a variety of injuries and the amount they could be worth based on their severity and how long they are likely to last. After this, the solicitors involved in your case will take into account your age, general state of health prior to removing the wrong kidney during an operation, the pain and suffering you have endured and the subsequent impact it has had on your life, both financially and psychologically.
The fact that your injury has affected both your work life and your relationship with your children will be taken into consideration as part of two areas of injury claim — special damages and loss of amenity. With special damages you will be compensated for any financial impact your surgery may have had on your life. This could include medical expenses but it can also extend to loss of finances from being unable to work. Loss of amenity compensates accident victims for loss of enjoyment of life and any non-financial changes a person has to make to their daily life as a result of medical negligence. You could be covered for not only being unable to take proper care of your children, but also if you can no longer take part in what used to be regular leisure activities or pastimes.
Your solicitor will be able to provide you with more specific information regarding special damages and loss of amenity when you consult with them and inform them of the circumstances in which the incorrect kidney was removed. It is in your best interest to contact your solicitor at the first possible moment to obtain professional legal advice and to discuss your claim for the surgical removal of the wrong kidney during an operation.