It is not possible to tell you the amount of compensation claim for gynecologist negligence you could be entitled to receive for an error made during a hysterectomy without first knowing the specific circumstances of the error you experienced, in addition to the subsequent impact it has had on your life. The only one who will be able to tell you how much you could receive, in addition to how your claim for negligent gynecologist compensation may be calculated, is a medical negligence claims solicitor who has knowledge of your particular situation. Therefore it is advisable that you discuss your claim for negligence demonstrated by a gynecologist with a solicitor at the first possible moment.
After you inform your solicitor of the specific details of the gynaecological negligence you experienced, they will be able to advise you on whether or not you have a claim that is worth pursuing. To establish negligence, they will seek the assistance of an independent medical expert. If they think that your hysterectomy injury was avoidable, your solicitor may send a letter of claim to the negligent party informing them that you are pursuing a compensation claim for gynecologist negligence against them. If they admit liability, your solicitor will enter into negotiations with their insurers to obtain your maximum amount of compensation.
The solicitors involved in calculating your claim for negligent gynecologist compensation will first examine The Book of Quantum — a publication filled with numerous injuries and their claim values depending on their severity and permanency — and obtain a base value from your claim. If your particular hysterectomy injury cannot be found, the solicitors will examine previous claim settlements that were similar to yours and obtain a figure from these.
This value will then be adjusted to consider your age, general state of health before experiencing negligence demonstrated by your gynecologist, the pain and suffering you endured and the impact it has had on your quality of life subsequently. This impact can be both psychological and financial – which is covered by the areas of claim known as general damages and special damages.
General damages compensates for the non-financial effects a medical negligence injury can have on a person. It will take into account your loss of amenity — the loss of ability to take part in everyday life — the pain and suffering you have endured and will endure if further operations are necessary, and any quantifiable psychological injury you have suffered as a result of your negligent gynecologist.
Special damages deal with the financial consequences of a medical negligence injury and it is split into two categories — “incidental special damages” and “consequential” special damages. Incidental special damages deal with the immediate medical costs that may have been incurred to treat your hysterectomy injury. Consequential special damages account for more long-term costs that could be associated with your injury, such as any further necessary surgery or any financial losses due to being unable to work.
If you wish to pursue a compensation claim for gynecologist negligence you should contact a medical negligence claims solicitor to discuss your potential claim. Not only will be they be able to provide you with more relevant legal advice, they will also put your mind at ease about the process of making a claim at what is probably a stressful time for you. Therefore it is in your best interest to discuss your claim with a solicitor as soon as it is convenient.