I recently suffered severe lung damage while undergoing surgery, and I was wondering how much compensation for medical procedure errors I can claim?
The amount of compensation for medical procedure errors you may be entitled to claim will depend entirely on the specific circumstances surrounding your accident and injury. Each claim for medical procedure errors is unique and even if two injuries are identical, the compensation awarded may not be. This is because a number of various elements determine the amount of compensation for an accident after a medical procedure error you are able to claim and not just the nature of the injury itself. A personal injury* solicitor can calculate the amount of compensation you may be able to claim for your injury after a medical procedure error, which will include the following elements:
- Your compensation for medical procedure errors will begin with general damages for the injury you have sustained, its severity and the manner in which it is likely to affect you in the long term. This figure will then be adjusted to consider your age, gender and general state of health prior to your accident after a medical procedure error, meaning that even for an identical injury a young and healthy woman may be entitled to more compensation than an older male with long-term health problems.
- A claim for medical procedure errors will then consider special damages for the financial impact that your injury has had, ensuring that you are no worse off financially than before your accident occurred. This will consider the expenses you have already incurred – such as medical costs, the cost of alternative transport if you can no longer drive and the cost of refitting your home if required – as well as compensation for income you have lost because of being unable to work because of your injury after a medical procedure error.
- Loss of amenity will be included with your compensation for medical procedure errors if you have suffered any deterioration in your quality of life since your accident. This can consider any difficulties you have had performing everyday activities – such as picking up your children from school – or compensation if you cannot partake in social and leisure activities on account of your accident after a medical procedure error.
- Your claim for medical procedure errors will also factor in any psychological damage you have incurred because of your accident and injury if it can be verified by a qualified psychiatrist. This can be on account of the nature of the accident itself or because of depression and anxiety while recovering from your injury after a medical procedure error.
It is important to remember that an insurance company may offer to settle your claim for medical procedure errors with a direct offer of compensation for your injuries. However tempting this may appear to be, it should not be accepted immediately as there is a danger that the offer will not reflect the true value of your injury after a medical procedure error. If you accept an offer of settlement for your accident after a medical procedure error which is insufficient to pay for medical costs or provide for your family you will be unable to return and ask for more later. For this reason, a personal injury* solicitor should always assess the true value of your compensation for medical procedure errors before accepting any offers.