I recently sustained a limp after my routine knee surgery went wrong – how much compensation for errors during operations can I claim?
The amount of compensation for errors during operations you are able to claim will depend upon the unique circumstances surrounding your accident and injury. A number of factors will determine the compensation you can claim for an error during an operation, meaning no two compensation amounts will be exactly alike. For this reason you are advised to consult a personal injury* solicitor at the earliest opportunity following your accident because of errors during an operation to assess your claim. Your solicitor can determine the amount of compensation to which you should be entitled for your injury due to errors during operations, which will be calculated as per the following elements:-
- Your compensation for errors during operations will begin with general damages for the knee injury you have sustained, its severity and whether it will have a long-term effect upon your health. This figure will then be adjusted in consideration of your age, general state of health prior to your accident and possibly your gender, meaning a young and healthy female will be entitled to more compensation for an injury due to errors during operations than an older man in poor health.
- Special damages in a claim for an error during an operation can be sought to consider the financial losses you endured because of your accident and to provide compensation for this. The expenses you have incurred due to your accident because of errors during an operation will be considered – such as medical bills, the cost of alternative transport and, in extreme cases, the cost of refitting your home for a wheelchair – and compensation will be provided for the income you have lost if you have been unable to work.
- Your compensation for errors during operations will then include loss of amenity for any deterioration you suffered in your quality of life because of your knee injuries. If – for instance – your knee injury means you can no longer support your children in extracurricular activities this may be compensated, or you may receive compensation for being unable to partake in social and leisure activities if your injury due to errors during operations prevents you from – for example – playing tennis.
- You can also receive compensation for psychological damage with your claim for an error during an operation, as long as it can be verified by a qualified psychiatrist. This may have been sustained as a result of the nature of your accident because of errors during an operation or due to depression and anxiety while in recovery.
It should be remembered that you may receive a direct offer of compensation for your injury due to errors during operations if third party negligence is beyond doubt. While this may seem like a highly welcome development, such offers are often made with the intention of saving on money for the insurance company, meaning the compensation may not reflect the true value of your claim for an error during an operation. If you accept such an offer of settlement for your accident because of errors during an operation and you do not have enough to pay for medical care or provide for your family, you cannot seek further compensation at a later stage. For this reason, a personal injury* solicitor should always be consulted before you seek compensation for errors during operations.