What is taken into account in calculating claim for surgical error during operation that has left me blind in one eye?
A variety of factors will be taken into account when calculating a claim for surgical error during operation compensation is being calculated. This will include the severity of your injury in relation to your age, sex and general state of health prior to the operation error injury and the impact your blind eye has had on your life as a result, both psychologically and financially. Only a personal injury claims solicitor with experience in surgical error compensation who has knowledge of the specific details of how your injury was sustained will be able to inform you about what how much compensation you may be entitled to in relation to the different areas of personal injury claim.
The non-financial impact of your eye injury will be accounted for in general damages. When these are being evaluated the solicitors will assess the pain and suffering you experienced during and after your operation, your disability and loss of function, loss of opportunity and the changes you have had to make to your life as a result. This latter part is known as “loss of amenity”. Having been rendered blind in one eye by a surgical error, it is likely you will not be able to enjoy the same pastimes and social activities that you used to. This too will be taken into consideration when your surgical error compensation claim is being calculated, in addition to the emotional trauma that may have resulted from such changes from the norm.
Special damages are the area of personal injury claims that accounts for the financial impact that your surgical error injury may have had on your life. It is split into two categories — incidental special damages and consequential special damages. Incidental special damages refer to the immediate expenses you may incur trying to a remedy a situation, so this would account for any necessary medical treatment that you received after your surgery. Consequential special damages cover the more long-term effects of an injury. This area of personal injury claims will take into account any financial losses from being unable to work or the costs incurred from any necessary renovations you have had to make to your house because of your operation error injury. You should make sure to retain any documentation or receipts that will demonstrate any costs or losses you have incurred since you sustained injury due to medical negligence.
It is in your best interests to contact a solicitor as soon as it is convenient to begin the claims process. In such instances of medical negligence it can be difficult to determine who exactly the negligent party is. Furthermore if this claim is being made against the NHS, a formal complaint has to be made within a year of the date that injury was sustained. Therefore the sooner you discuss your claim for surgical error during operation with your solicitor, the sooner you may be able to receive compensation.