I wish to claim compensation for wrong site surgery, but I am unsure which party is liable for my injury, how can I tell?
You should be able to claim compensation for wrong site surgery if you have been the victim of negligence. However determining the negligent party can be a complex procedure and for this reason you should always consult a personal injury* solicitor after suffering an injury from wrong site surgery. Being involved in a wrong site surgery accident can be a difficult experience, particularly if you have sustained a serious injury in the process which was entirely unexpected. Wrong site surgery compensation could therefore be required to help you readjust to life following your injury; although for your claim to be successful you will need to positively identify the party who has been negligent.
To claim compensation for wrong site surgery, determining negligence can be done with the consultation of a medical expert, which can be arranged by your solicitor. When undergoing surgery, you are owed a duty of care by all of those involved in order to avert a wrong site surgery accident from occurring. However it could be difficult to determine who is liable for your injury depending on the number of parties involved in your accident and injury, and if liability is not readily admitted your wrong site surgery compensation could take a while to be agreed upon. It is possible that your injury from wrong site surgery was caused by the surgeon who performed the procedure, who in turn may have been acting under instruction from support staff who may have been following notes prepared by administration.
However you may not be able to claim compensation for wrong site surgery in certain circumstances. For one, it may be considered that you refused to cooperate with measures to correct the damage caused by your wrong site surgery accident, such as taking medication, attending appointments or undergoing further surgery. It may also be considered that your injury from wrong site surgery had become more severe due to your own reckless endangerment following your surgery if you neglected to follow doctor’s instructions. While wrong site surgery compensation could still be possible, it may be reduced to reflect your own carelessness.
After sustaining an injury from wrong site surgery you are strongly advised to contact a personal injury* solicitor at the earliest opportunity to assess your claim. With the analysis of a medical expert, it can be determined whether you have been the victim of negligence and if you can claim for wrong site surgery accident. If liability is difficult to determine, it should be noted that a claim may take some time to prepare and the Statute of Limitations could affect your right to make a claim. For this reason you are advised to consult a personal injury* solicitor at the earliest opportunity following your accident to assess whether you can claim compensation for wrong site surgery.