Will I receive general damages if I claim compensation for an error made during a bladder operation?
It is likely that you will be able to claim special damages as part of compensation for an error made during a bladder operation. However, a definite answer cannot be provided because what you will be able to claim for will depend on your eligibility to actually initiate a claim for a bladder operation error. To make a claim for medical negligence, an error having occurred is not enough for it to be successful. An injury, illness or the deterioration of an existing condition will have to have been sustained to pursue a claim, in other words; a medical consequence. Furthermore, even if it seems obvious that a demonstration of negligence occurred during your bladder operation, it will still be necessary to establish that the surgeon performing your operation had been negligent and that the error could have been avoided if they had taken alternative actions.
Because medical negligence claims can be complicated, it is advisable that you contact a claims solicitor with experience in dealing with similar cases of medical negligence claims. Once you inform your solicitor of the nature and extent of the bladder injury from operation error you have sustained, they will be able to tell you whether or not your claim for compensation for an error made during a bladder operation is worth pursuing. If they consider it to be worth pursing, then they may begin the process of establishing negligence. This involves contacting everyone involved in the operation to obtain relevant medical notes. These notes will then be shown to an independent medical expert who will determine if your bladder operation injury was avoidable and if it would have occurred had another surgeon been performing the operation.
If the medical expert believes that negligence did take place, then your solicitor will send a letter of claim to the negligent individual, informing them that you intend to initiate a claim for a bladder operation error against them. They will have twenty one days to acknowledge receiving the letter, and a further ninety days to decide whether or not they accept liability for your bladder operation error. If they do accept liability your lawyer will enter into negotiations to determine the value of your claim. If liability is denied then your claim may have to be settled in court.
In relation to how general damages may apply to your claim, a number of factors are taken into consideration when calculating it. General damages may compensate you for the pain and suffering you have endured and the impact your injury has had on your quality of life. It focuses on any non-financial changes you have had to make to your life, taking into account both physical and psychological injury. It also covers “loss of amenity” which is the loss of ability to take part in everyday hobbies and activities, either permanently or temporarily. When your claim is being calculated, the solicitors involved will first examine the Judicial College Guidelines for the Assessment of General Damages to obtain a base figure for your bladder injury. This is a publication which lists a variety of accident injuries and their claim values depending on their severity and permanency. This will then be adjusted to take into account your age, sex, general state of health prior to operation error and the affect your injury has had on your life as a consequence.
The information that has been provided here is a general outline of what may be taken into account when calculating the general damages area of a claim for bladder operation error compensation. It is not a substitute for specific, professional legal advice. Therefore it is in your best interest to contact your solicitor at the soonest possible moment, as they will be able to provide you with more relevant information about how general damages will affect your final settlement in your claim for compensation for an error made during a bladder operation.