Can I claim for psychological as part of compensation for the wrong arm amputation?
It may be possible for you to claim for psychological injury as part of compensation for the wrong arm amputation. However, the only one who will be able to give you a definite answer is a claims solicitor with experience in dealing with wrong arm amputation compensation claims. After you inform a solicitor of the circumstances in which the wrong arm was amputated and the subsequent impact this has had on your life psychologically, they will be able to advise you of your likelihood of success. They will then tell you whether or not it is worth your while to proceed with a claim for amputation of the wrong arm. Therefore it is in your best interest to contact a solicitor at the earliest possible moment to begin the claims process, as claims for medical negligence can be slightly complicated.
Medical negligence complications can occur because it is not possible to initiate a claim unless the medical professional responsible for your wrong arm amputation can be established as having demonstrated negligence. Even though the amputation of the wrong arm may appear to be a clear example of negligence, negligence will not be determined unless it can be ascertained that the wrong arm would not have been amputated in other circumstances. Some examples of these circumstances could be if different steps had been taken during your arm amputation operation or if another competent medical professional been involved instead.
To try and establish this, your solicitor will contact all the medical professionals involved in the operation where the amputation of the wrong arm occurred. Every medical professional involved is contacted because it is not always necessarily the surgeon who is the negligent party. Errors can also occur due to administrational mistakes and also if the wrong information has been provided to nurses and technicians. Your solicitor will present these notes to an independent medical professional and they will examine them to determine whether or not your amputation could have been avoided. If they conclude that negligence occurred, your solicitor may offer you legal representation in your wrong arm amputation compensation claim.
After liability has been admitted by the negligent party, your solicitor will enter into negotiations with the negligent party’s medical insurance company so that you may receive the maximum amount of compensation for the wrong arm amputation that you are entitled to. The value of your claim will be calculated based on a number of factors, such as your age, sex, general state of health prior to the amputation, the pain and suffering you experienced and the impact it has had on your life consequently. The psychological aspect of your injury will be accounted for in the area of personal injury claim known as general damages.
General damages provide compensation for any non-financial changes you have had to make to your life and it also accounts for psychological injury. The loss of your arms is a traumatic experience; it may have left you with any number of issues such as post-traumatic stress disorder, depression or anxiety. You should also take note of any time that this psychological injury has prevented you from taking part in activities that you once enjoyed. It is also important that you see a counsellor to discuss the psychological repercussions of your injury, so that they will be able to diagnose what is wrong with you and also so that you will receive the best treatment possible.
The information provided here for how psychological injury may apply to your claim for compensation for the wrong arm amputation is merely general advice, it is no substitute to the advice a solicitor who has been given knowledge of your specific situation will be able to provide. If you have been suffering psychologically due to a having had the wrong arm amputated, it is in your best interest to contact a solicitor at the earliest practical opportunity.