Can I claim for when my surgeon nicked my bladder during an operation for a hysterectomy when I ended up getting a serious bladder infection afterwards?
It may be possible for you to claim compensation for when your surgeon nicked your bladder during an operation. However, your eligibility to make a claim will be dependent on whether or not you can establish that negligence did occur in the operation where your nicked bladder was sustained. While your nicked bladder injury is very likely unpleasant and painful, having sustained it is not grounds enough to have a successful bladder nicked by surgeon compensation claim. It will have to be established that your bladder injury could have been avoided if another course of action had been taken and if another medical professional had been performing the procedure.
To find out the eligibility of your claim and if any of the medical professionals involved in the heart operation can be considered negligent, you should contact a solicitor with experience in medical negligence claims at the first possible moment. To establish negligence they will present all the relevant medical documents pertaining to your operation to an independent medical expert. Based on the opinion of this medical expert, your solicitor will decide whether or not you have a viable claim. He or she will also be able to inform you of your likelihood of success should you pursue a claim.
If your solicitor does decide to represent you legally in your bladder nicked by surgeon compensation claim, they will initiate the claims process. If your claim is being initiated against the NHS your solicitor will help you to write a letter of complaint about this operation where your nicked bladder was sustained. It is always advisable to have the assistance of a solicitor when writing this letter as the way it is worded could affect the viability of your claim. Your solicitor will then send a letter of claim to whoever the negligent party is considered to be. They will have twenty one days to acknowledge receiving this letter and then a further ninety days to inform your solicitor of whether or not they admit liability. If they admit liability, then your solicitor will begin negotiating with the medical professional’s insurance company to calculate how much compensation you are entitled to receive. If liability is not accepted, then your claim for when a surgeon nicked your bladder during an operation may have to be settled in court.
In accordance with the UK Statute of Limitations which was introduced in 1980 as part of the Limitations Act, potential claimants have three years in which to make a claim for compensation. The date that this three year time limit begins is generally either the date that the injury was sustained, or the date in which it was discovered. While three years may seem like more than enough time to pursue a claim, it is still advisable for you to contact a solicitor at the first possible moment as there can be unforeseen delays when it comes to making a claim. Therefore, you should discuss how your surgeon nicked your bladder during an operation with your solicitor as soon as it is convenient.