Claim Compensation for Having Wrong Disc Removed from Back

Claims for Wrong Disc Removal Medical Negligence

If you wish to claim compensation for having the wrong disc removed from your back, your application for assessment to the Injuries Board will be declined, as the Injuries Board considers that claims for wrong disc removal are medical negligence and therefore fall outside its remit as contained in the Personal Injury Assessment Board (PIAB) Act of 2003.

Consequently, you will require the services of a solicitor to pursue claims for wrong disc removal medical negligence and, as you will see from below, the sooner you speak with a solicitor, the more likely it is that your claim for having the wrong back disc removed will be resolved quickly and successfully.

Establishing Negligence in Wrong Back Disc Removal Claims

Although it may appear that you have the strongest possible claim for compensation for having the wrong disc removed from your back; who was responsible for your medical injury – and why – has to be established before you and your solicitor can initiate wrong back disc removal claims.

Inasmuch as the surgeon who performed your operation made an avoidable mistake which resulted in your injury, his or her error could have been caused by incorrect instructions communicated to them during your procedure, or that these incorrect instructions originated due to an administrative oversight.

Your solicitor will attempt to establish one negligent party against whom to make claims for wrong disc removal medical negligence, but if two or more parties are considered to be responsible, the settlement of wrong back disc removal claims can be delayed while the question of the proportion of liability to be assigned to each party is being resolved.

Initiating a Claim for Having the Wrong Back Disc Removed

Although the Statute of Limitations allows you two years in which to initiate a claim for having the wrong back disc removed, Section 8 of the Court and Civil Liability Act 2004 states that a ‘Letter of Claim’ should be sent to the person(s) responsible for your medical injury within two months of you discovering that an injury has occurred – or as soon as practically possible thereafter.

When you claim compensation for having the wrong disc removed from your back, the ‘Letter of Claim’ does not have to state how much compensation for having the wrong back disc removed you are claiming, but it does have to support the allegations you are making with evidence of negligence – something which may be difficult to obtain on your own from the hospital without a solicitor´s help.

Should the negligent party deny their liability for your back injury – which although unlikely in claims for wrong disc removal medical negligence, could occur – your solicitor will recommend that you consider court action to resolve your claim for having the wrong back disc removed. Court action does not automatically mean an appearance in court is necessary, as wrong back disc removal claims are likely to be settled out-of-court.

Compensation for Having the Wrong Back Disc Removed

How much compensation for having the wrong back disc removed you are entitled to will depend as much on the consequences of the medical error as the pain and suffering you will experience by having to undergo a second surgical procedure to remove the disc which should have been removed in the first operation.

A second surgical procedure will mean that you also have to have a second recovery period, and this could result in a significant deterioration in your quality of life while you are unable to complete everyday tasks or participate in leisure and social pursuits which would form part of your regular routine.

You will also be able to recover any financial costs you have incurred or income you have lost when you claim compensation for having the wrong disc removed from your back. Depending on your age, your profession and your general level of health prior to the medical error, there could be a wide variance between how much compensation for having the wrong back disc removed you receive in comparison to another plaintiff.

Claims for Wrong Disc Removal Medical Negligence and Insurance Companies

Bearing in mind that it will be impossible to accurately assess how much compensation for having the wrong back disc removed you will be entitled to until all the consequences of your medical injury are known, you should be wary of any unsolicited approach from the negligent party´s insurance company.

Once the ‘Letter of Claim’ has been dispatched, the insurance company is likely to be made aware that claims for wrong disc removal medical negligence will be forthcoming against their policyholder (the negligent party) and may try to lessen their potential costs and liabilities by offering you an immediate settlement of your claim for having the wrong back disc removed.

All such offers of settlement should be referred to your solicitor for, if the settlement of your claim for compensation for having the wrong disc removed from your back proves to be inadequate to cover the cost of medical care during your recovery or to support your family while you are unable to work, you cannot claim any more compensation for having the wrong back disc removed.

Speak with a Solicitor about Wrong Back Disc Removal Claims

Although it is true that when you claim compensation for having the wrong disc removed from your back you have a very strong case, you should speak with a solicitor about wrong back disc removal claims at the first practical opportunity. Your solicitor will be able to act on your behalf to establish who was responsible for the medical injury and why it occurred.

The solicitor will also be able to compile the ‘Letter of Claim’, ensure it is dispatched in good time and assess whether an insurance company´s offer of compensation for having the wrong back disc removed is appropriate – or recommended that claims for wrong disc removal medical negligence should be resolved either through the courts or by negotiation.

Most solicitors will offer a free initial consultation to determine whether you have a claim for compensation for having the wrong disc removed from your back which is worth your while to pursue and to establish that your claim for having the wrong back disc removed can be made within the time limits imposed by the Statute of Limitations.