How much compensation for an error that was made during a colon operation can I get for a surgical error that has left me incontinent and unable to work or live the life that I used to?
It will not be possible to tell you how much compensation for an error that was made during a colon operation you may be entitled to receive without first knowing more about the nature of your injury. To calculate how much you could be eligible to obtain, it will be necessary to know the circumstances in which your injury was sustained and more detailed information about the subsequent impact of this injury. A solicitor who has experience in dealing with medical negligence claims will be able to advise you on the amount of compensation for injuries sustained due to a colon operation error you could receive after they have been informed of your specific situation. Therefore it is advisable that you contact a solicitor at the soonest possible opportunity to discuss the details of your potential claim.
If your solicitor thinks that you have viable claim, they will begin the process of establishing negligence. If negligence can be established, they will then write a letter of claim to the negligent party informing them of the fact that you are initiating a claim for compensation for an error that was made during a colon operation against them. They will then have twenty one days to acknowledge receipt of this letter and then a further ninety days to advise your solicitor of whether or not they accept liability for the injury that you have sustained. If liability is accepted, negotiations for the amount of compensation that you are entitled to receive will begin.
A number of factors will be examined when calculating your claim for an error that was made in colon surgery. First of all, the solicitors involved in calculating compensation will examine the Judicial College Guidelines for the Assessment of General Damages to obtain a base value for your claim. This is a publication which lists a variety of accident injuries and their claim values. If the specific injury you have suffered cannot be found in it, then the solicitors will examine previous settlements for injuries sustained due to a colon operation error claims, and a base value will be obtained based on these. After this base figure has been obtained, it will be adjusted to take into consideration your age, sex, general state of health prior to the operation error, the pain and suffering you have endured and the impact this injury has had on your life, both financially and psychologically.
There are a number of areas of personal injury claim that could be relevant to how your injury has affected you, for example special damages and loss of amenity. Special damages account for the financial impact a personal injury can have on a person’s life. You could possibly claim for the financial losses you have endured from being unable to work, as well as the expense of medical treatment or any other necessary costs related to your injury. Loss of amenity will compensate you for how your injury has prevented you from living your life the way you used to. For instance if you have been unable to take part in what used to be normal, everyday activities and pastimes loss of amenity will take this into consideration.
When you meet with your solicitor it is advisable to present them with any evidence you have been able to gather that will reflect the costs you have incurred and the changes that you have had to make in your life. This could include receipts, pay slips and even diary entries. Such evidence could serve to strengthen your claim for an error that was made in colon surgery. It will also assist your solicitor when it comes to negotiating how much compensation you are entitled to receive. It is advisable that you discuss your claim for compensation for an error that was made during a colon operation with your solicitor at the first possible moment so that you may receive more specific, relevant legal advice than has been provided here.