Is it worth making a compensation claim for a surgeon nipping the bladder in an operation if I only had to wear a catheter for three weeks afterwards?
The decision is ultimately yours as to whether you make a compensation claim for a surgeon nipping the bladder in an operation, and if it will be worth the effect is a decision that only you can make. However, it is recommended that you discuss the circumstances of the surgical error with a solicitor to find out how much compensation for a nipped bladed during an operation you may be entitled to claim so that you can make that choice from an informed position.
In cases where a bladder has been accidently nipped during a surgical procedure, there is usually no defence against injury compensation claims for a surgeons error, as the error is attributable to the surgeon´s poor professional performance and – had another surgeon been conducting the surgery – ‘on the balance of probabilities’ the accident is unlikely to have occurred.
As a result, the Health Service Executive (HSE) is unlikely to contest injury compensation claims for a surgeons error during a medical procedure, provided that the nipped bladder injury was recorded in your medical notes at the time of the accident. There will likely be an investigation into the circumstances of your injury so that steps can be taken to prevent the accident reoccurring, but your claim for a surgeon nipping the bladder in an operation should be resolved quickly once you have instructed a solicitor to act on your behalf.
How much compensation for a nipped bladed during an operation you are likely to receive will depend on future health issues which might result from your surgeon´s negligence and the impact that the injury – and wearing a catheter – had on your quality of life. You would normally be awarded compensation for the suffering and discomfort you experienced due to your surgeon´s error, compensation for any ‘loss of amenity’ if the presence of a catheter caused a temporary deterioration in your quality of life and for any diagnosed psychological trauma you suffered.
You will also be able to recover any quantifiable expenses attributable to the surgeon nipping your bladder or any income you may have lost due to your surgeon´s negligence. Should you have had to take unpaid time off from work due to your incapacity, even three weeks salary can justify making injury compensation claims for a surgeons error during a medical procedure.
As mentioned above, it is in your best interests to make an informed decision on whether you should make a compensation claim for a surgeon nipping the bladder in an operation once you have spoken to a solicitor and, while the suffering and loss of amenity you suffered are fresh in the memory, it is recommended that you contact a solicitor at the first practical opportunity.