Claiming Compensation for Having the Wrong Disc Removed
When you are claiming compensation for having the wrong disc removed, although it would appear that there is no justifiable defence against your case – and that you have a particularly strong claim for the removal of the wrong disc – there are a number of issues which have to be resolved before your claim can be successfully resolved.
In addition to determining who was responsible for the medical error – and why – a claim for the removal of the wrong disc also has to be prepared within a given period of time, and could be hijacked by the negligent party´s medical insurance company if you are not aware of how much compensation for having the wrong disc removed you are entitled to.
Therefore, although this page provides basic information about making a wrong disc removed claim for compensation, you should discuss the medical injury you have suffered and the consequences it has made to your quality of life with a solicitor at the earliest possible opportunity.
Why was the Wrong Disc Removed?
The question of why the wrong disc was removed is pivotal to the success of your claim. Although it may simply be the case that the surgeon in charge of your operation displayed a poor professional performance, the medical error could have occurred due to a miscommunication from one of the theatre staff or incorrect surgery notes being prepared by the administration department.
In order to answer this question, your solicitor will have to establish who was responsible for the removal of the wrong disc and why. Provided it can be proven that your medical injury was avoidable “in the circumstances and at the time”, your compensation claim for the removal of the wrong disc should not be contested and resolved quickly.
The Time Limit in which to Claim for the Removal of the Wrong Disc
There is a time limit of two years from the date on which you were told that the wrong disc had been removed in which to make a claim. Furthermore, in accordance with Section 8 of the Court and Civil Liability Act 2004, your solicitor should send a ‘Letter of Claim` to the negligent party within two months – or as soon as practical thereafter – of liability being established.
It is important to support the ‘Letter of Claim’ with the evidence of negligence your solicitor has collected, as the letter may be referred to in court if court action is necessary, and any unjustifiable delay in the dispatch of the letter could result in a financial penalty when compensation for having the wrong disc removed is awarded.
Settlement of your Wrong Disc Removed Claim for Compensation
Settlement of your wrong disc removed claim for compensation will most probably be resolved by negotiation rather than in a court hearing; as the case against the negligent party should be strong and the negligent medical practitioner´s insurance company is unlikely to want unnecessary court costs added to your compensation settlement.
Your solicitor will calculate how much compensation for having the wrong disc removed you are entitled to based on four principal elements – not all will apply in every claim for the removal of the wrong disc, and there may be other elements of a compensation settlement which apply uniquely to your case.
Compensation for Pain and Suffering
The primary consideration when calculating how much compensation for having the wrong disc removed you may be entitled to is that – if you have not done so already – you will have to undergo a second operation in the future to have the damaged disc removed.
Compensation for Loss of Amenity
A second operation is going to mean a second period of recovery – during which time it is improbable you will be able to perform everyday tasks, drive or participate in social and leisure activities which you would have normally been able to had it not been for the negligence of the medical practitioner responsible for your injury.
Compensation for Emotional Trauma
Should you sustain any quantifiable psychological injury – either due to the prospect of a second surgical procedure or during your recovery – you will be eligible to include this element in your claim for the removal of the wrong disc
Special Damages for Financial Costs
In addition to the personal cost of having to undergo a second operation, it is likely than you will incur financial costs or experience a fall in your level of income. These financial costs can be recovered as special damages in a wrong disc removed claim for compensation, and your solicitor will explain to you which expenses or loss of income apply in your case.
Approaches by Medical Insurances Companies
With claims for compensation for having the wrong disc removed having a high probability of success, you may be approached by the negligent party´s medical insurance company with an unsolicited offer of compensation in return for a quick settlement. Even if you are concerned about your short-term finances, you should still refer the offer of compensation to your solicitor.
A solicitor will assess whether the insurance company´s offer represents a fair and adequate settlement of compensation for having the wrong disc removed and advise you whether the offer should be accepted or if you should continue to pursue your wrong disc removed claim for compensation – either through negotiation or with court action.
If short-term finances are a concern following your medical injury, speak with your solicitor. With such a strong case in your favour – and the insurance company effectively admitting their policyholder´s negligence, your solicitor should be able to arrange for interim payments of compensation for having the wrong disc removed.
Get Legal Advice about Compensation for Having the Wrong Disc Removed
Members of the medical professional are not quick to acknowledge their liability for medical errors and the sooner you discuss the nature of your injury and the consequences it has had on your quality of life with a solicitor, the sooner he or she can take steps to ensure the best possible outcome of your claim.
Therefore, despite the two year time limit in which to make a compensation claim for the removal of the wrong disc, you should not hesitate in seeking legal advice from an experienced solicitor. Most medical negligence solicitors in Ireland will offer an initial consultation free of charge and without any obligation to pursue a wrong disc removed claim for compensation.