How much compensation for surgical procedure error can I get after I sustained an infection after surgery?
I cannot answer how much compensation for surgical procedure error you could get without knowing more specific information about your infection and the circumstances in which it was contracted. The only one who will be able to provide this information is a personal injury claims solicitor with experience in dealing with error in surgical procedure claims and who also has knowledge of your specific situation. Medical negligence can be difficult to prove so it is in your best interest to contact a solicitor at the first possible moment.
When claiming for medical negligence in general there has to have been a consequence such as an injury to the medical professional’s lack of care. In your case, you have sustained an infection which may provide your claim with more strength. However, whose fault it was will still have to be established. Your solicitor will attempt to do this by gathering any evidence they can. They will write to the medical team involved in your surgical procedure, such as the doctors, nurses and technicians, and request medical notes and any other documentation from the day of your surgery. They will then enlist the help of an independent medical expert who will be able to examine the notes and assess who may have caused your surgical procedure illness and whether or not there would have been any alternative options the surgeon could have taken that would have avoided the infection you sustained. Your solicitor will decide whether or not you have a viable claim for compensation for surgical procedure error based on the opinion of this medical expert.
When an error in surgical procedure claim settlements is being calculated it is with reference to the Judicial College Guidelines for the Assessment of General Damages. This is a publication which serves as a guide for various injury claims and how much they may be worth. Your claim for the infection you sustained will be calculated with reference to this book. However, if the particular infection you have contracted is not included in this book then the solicitors involved in your case will examine previous settlements for error in surgical procedure claim such as your own and figure out how much your claim is worth based on these. The solicitor will also take into account your age, sex and general state of health your prior to contracting your surgical procedure illness and any impact this injury has had on your quality of life subsequently.
The information provided here is a general overview of the process for calculating surgical error claim and it is by no means a substitute to the information that your solicitor will be able to provide. You should meet with them to discuss your claim as soon as possible. If they think that it has a considerable chance of success, he or she may offer your legal representation if you decide to pursue compensation for surgical procedure error.