In order to claim compensation for a pierced bladder during surgery, two conditions have to be fulfilled. You must have sustained a loss, an injury or the avoidable deterioration of an existing condition due to a standard of care that was below that accepted by the general medical community.
In terms of a claim for compensation for a pierced bladder during surgery, what this means is that the injury you sustained must have been avoidable “at the time and in the circumstances” and attributable to a lack of skill by your surgeon, or the inability to demonstrate a skill.
To establish whether you fulfil the two conditions to claim compensation for a pierced bladder during surgery, you are invited to contact our Medical negligence Advice Bureau and discuss the nature of the injury you sustained and the consequence it has made to your quality of life with an experienced medical negligence solicitor.
Making a Claim for Medical Negligence during Surgery
When you speak with a solicitor, he or she will request your authorisation to access to your medical records to see how your injury has been recorded and the reason given for it. Your medical records will also be reviewed by an independent medical expert to determine that your injury was “on the balance of probabilities” due to medical negligence during surgery.
Your solicitor will use the evidence of negligence compiled by the medical expert to support a “Letter of Claim”. This is sent to the NHS Trust responsible for your care, who has ninety days to conduct its own investigation into the standard of care you received and acknowledge liability for your injury. If liability is denied, this does not necessarily mean your claim for medical negligence during surgery will have to be resolved in court.
NHS Trusts and have an unfortunate tendency to deny liability until after court proceedings have been issued, but – provided your solicitor has built a sufficiently strong claim for medical negligence during surgery – the likely outcome is that the NHS Trust will admit that your treatment was negligent, and your solicitor will negotiate a settlement of your claim.
How Much Compensation for a Pierced Bladder during Surgery?
When you claim compensation for a pierced bladder during surgery, the main consideration is the impact that your surgeon´s mistake has had on your quality of life. The consequences of a pierced bladder can be both physically painful and emotionally scarring, and although the injury to your bladder can be reversed with further surgery, the psychological injuries may never heal.
Therefore to calculate how much compensation for a pierced bladder during surgery you are entitled to, your solicitor will ask you to undergo a psychiatric evaluation. The settlement of your claim for medical negligence during surgery will be significantly influenced by the nature and extent of your emotional trauma and the impact this has had on your social interaction with workmates and friends.
If you have been unable to return to work, you will also be able to recovered any loss of income you have experienced when you claim compensation for a pierced bladder during surgery, as well as any costs you have incurred – or may incur in the future – which are directly related to your surgeon´s negligence. Your solicitor will explain each element of your settlement before sending the “Letter of Claim” to the NHS Trust.
Claim Compensation for a Pierced Bladder during Surgery with our Help
As there are many factors which will influence whether you are entitled to claim compensation for a pierced bladder during surgery and how much your claim for medical negligence during surgery will be settled for, we invite you to call our Medical Negligence Advice Bureau and discuss the circumstances of your operation – and its consequences – with a medical negligence solicitor.
Our solicitor will be able to answer any legal questions you may have about how to claim compensation for a pierced bladder during surgery and expand on the process for making a claim with relevance to your particular situation. By using our legal advice service, you are not committing to making a claim for medical negligence during surgery and naturally all calls to our Medical Negligence Advice Bureau are completely confidential.