It is not possible to tell you if you should accept this compensation claim for surgical complications without first knowing the amount of compensation you have been offered, the nature of the medical complications you have suffered and the impact it has had on your life subsequently. It is always advisable to present such unsolicited offers of compensation to a medical negligence claims solicitor at the first available opportunity. They will be able to advise you of whether or not you should accept the compensation and if you would be likely to obtain more if you did pursue a claim yourself.
This offer of compensation for complications during surgery is unlikely to be adequate when it comes to fully covering the repercussions of your surgical complications as these kinds of offers are often insufficient. This is because it is unlikely they will have fully assessed the medical consequences you may have suffered as a result of your surgical complication and how it has affected you quality of life. It is in the HSE’s best interest to save themselves money in both the amount of compensation they will have to provide and in legal fees. However, the fact that they have offered you compensation for complications during your surgical procedure is a good sign, as it can serve as an unofficial admittance of liability; therefore suggesting that pursuing a claim against them may not be difficult.
After you inform them of the circumstances in which you suffered medical consequences and how it has affected you, your solicitor will be able to advise you on how your compensation claim for surgical complications may be calculated and how much you could be eligible to achieve should your claim be successful. The solicitors involved in negotiating how much you should receive will first obtain a base value for your claim from The Book of Quantum — a publication which contains numerous negligence injuries and their worth depending on their extent and how long-term they are.
This base figure will then be altered to take into consideration your age, sex, general state of health prior to your complications during surgery, the pain and suffering you have experienced, any expenses you have incurred, in addition to your loss of amenity. Loss of amenity compensates you for any way the complications you experienced during your surgical procedure may have affected your ability to take part in everyday life. For instance, if you can no longer work, attend social events or pursue hobbies or leisure activities you will be able to claim for this. Furthermore, if the medical complications you experienced will require further surgery, you will also be compensated for future costs incurred as a result and anymore pain and suffering you are likely to experience.
The information provided here regarding making a compensation claim for surgical complications, unsolicited offers or compensation and how such a claim may be calculated is merely general advice. It is by no means an alternative for specific advice obtained from a medical negligence claims solicitor who has knowledge of your particular situation. They will be able to advise you on whether or not you should accept an offer from the HSE in addition to providing further information on how your claim will be evaluated. It is advisable that you contact a solicitor at the first available opportunity.