How much compensation for error during bladder operation should I be entitled to receive if it has left me incontinent?
I cannot give an exact value of the figure you may be entitled to receive for compensation for error during bladder operation without knowing more about the circumstances in which you sustained your injury and without negligence having been established. Although the negligent party may seem apparent to you, errors during operations are not always the fault of the surgeon alone. For instance, it could have been due to a mistake on the part of one of the nurses or technicians present, or even a case where the wrong information was provided due to an administrational error. In order to make a claim for bladder injury from error during operation you will have to establish who the negligent party was, as without a negligent party there is no claim to be made.
It is therefore in your best interest to contact a personal injury claims solicitor with knowledge of bladder injury compensation claims at the first possible moment. They will be able to determine if negligence can be established and subsequently inform you of whether or not you have a claim that is worth pursuing. To do this they will contact the medical team involved in your bladder injury from error during operation.
They will obtain any necessary medical notes from the procedure and show these to an independent medical expert. This independent medical expert will examine these notes and establish whether or not alternative steps could have been taken to avoid your bladder injury and if these steps would have been taken if another competent doctor had been operating on you. They will inform your solicitor of their conclusions and your solicitor will then advise you whether or not it is wise to proceed with your compensation for error during bladder operation claim.
If it is concluded that you have a claim worth pursuing, your solicitor will begin the claims process. The value of your claim will be calculated based on a variety of factors. The solicitors involved will first examine the Judicial College Guidelines for the Assessment of General Damages, which is a publication listing a variety of different accident injuries with compensation values assigned to them depending on their severity and permanency. If your particular injury is not to be found here then they will examine previous cases of surgical bladder injury compensation claims and they will base your final settlement on these. Also taken into consideration will be your age, sex and general state of health prior to your bladder injury, the pain and suffering you have experienced and the impact this injury has had on your quality of life, both financially and psychologically.
This is merely a general overview of how you should proceed with making a claim for compensation for error during bladder operation, it is no substitute for the specific advice that a personal injury claims solicitor who has been informed of your particular situation will be able to provide.