I am considering making a claim for clinical negligence following a medical procedure, what do I need to consider?

Article

18 February, 2010

How do you put a value on your claim?

Each case has to be considered on its own merits. The aim of compensation is to put the affected person back in the position they would have been in had the negligence not occurred and to compensate as far as possible for the losses caused by the injury. A successful clinical negligence claim would result in an award for the pain and suffering caused by the negligence, loss of earnings and other expenses. The extent of those awards will depend on whether the negligence has caused some or all of those losses, for example whether the condition you were being treated for would have resulted in time away from work together with pain and discomfort. It is the additional pain and loss caused by the negligence that results in compensation.

Other factors to take into account

The overall figure will depend on a number of factors, including amongst other things, age, ability to continue working either in your current job, or in any other capacity, life expectancy, and on the potential need for future care, therapy and treatment, travel, medical expenses, aids and equipment and other foreseeable expenses.

What if the negligence has led to the death of the person?

Damages can then be recovered on behalf of those qualifying people who come within a restricted category of claimants permitted by the law, and on behalf of the estate. The amount claimed will depend on the life expectancy of the deceased and whether they would have survived in the absence of the negligence. There may be a claim for dependency on behalf of a partner or children reliant upon the earnings, and services as a wife, husband or mother, and for loss of pension, funeral expenses, and an award for bereavement.

What if the future is uncertain?

Medical opinion will guide us on how the negligence will affect the future. For example a risk of developing epilepsy would result in a possible claim for "provisional" damages which would allow the case to be re-opened if the condition developed within a given time scale. If another operation was required a claim for the cost of that procedure can be included together with any associated losses, loss of earnings, additional help & care.

Our Aim

At Forbes our skilled team of Clinical Negligence Solicitors aim to maximise the damages that you are entitled to but also help in the process to understand what has happened to you and how. Highlighting a problem often serves to reassure about future standards. We deal professionally with cases ranging from between thousands to millions of pounds. We are happy to assess sensitively any query that you may have and offer a free initial consultation where funding options can be considered including your eligibility for Legal Services Commission Funding (Public Funding). If you have a case worth investigating we are sure that we can arrange a funding method suitable to you.

For a free consultation about claiming compensation for clinical or medical negligence, including botched cosmetic surgery claims, Botox or beauty treatments, please contact our Clinical Negligence Solicitors on freephone 0800 689 0973 or by email today.

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