How much compensation could I get in a claim for kidney stones misdiagnosis in a hospital? The misdiagnosis has left me in severe pain for months and unable to take part in my regular routine.
It is not possible to say how much compensation you could get in a claim for kidney stones misdiagnosis in hospital without first knowing more about why your kidney stones were misdiagnosed and the subsequent impact it has had on your life as a result. The only one who will be able to tell you much compensation you could get for the misdiagnosis of kidney stones is a medical negligence claims solicitor who has been told this information. Therefore it is advisable that you contact a solicitor at the first available opportunity.
A solicitor who has knowledge of your situation will be able to inform you of the strength of your potential claim for the wrong diagnosis in hospital and also advise you on how best to proceed. In order to make a claim for kidney stones misdiagnosis in hospital, negligence will have to be established by an independent medical expert. Although you have endured much pain and suffering due to the misdiagnosis of kidney stones, a claim cannot be made unless there is a liable party to make a claim against. It may seem clear to you that the misdiagnosis was due to a lack of care on the part of the medical practitioners who treated you, however it will have to be determined on the “balance of probabilities” that it would not have occurred if alternative steps had been taken in your treatment and if you had been treated by another competent medical practitioner.
To establish whether or not your wrong diagnosis in hospital was due to negligence, your solicitor will contact all of the medical professionals related to your kidney stones misdiagnosis. Your solicitor will not assign blame at this point but obtain any relevant medical documents. These documents will then be presented to the medical expert for examination. If this expert concludes that your misdiagnosis was due to a lack of care demonstrated by one of the professionals involved, your solicitor may agree to proceed with your claim.
How much compensation you are eligible to receive will be calculated based on a number of factors. The solicitors involved in evaluating your claim will first examine The Book of Quantum — a book which lists a number of injuries and their claim values depending on their severity and how permanent they are. A base value for your claim settlement will be obtained from here. It will be altered to take into account numerous factors, such as your age, sex, general state of health prior to kidney stones misdiagnosis, the pain and suffering you have endured as a result and your loss of amenity. Loss of amenity takes into account if an injury or illness has rendered a person unable to take part in their everyday life fully — either temporarily or permanently. This will account for you being unable to take part in your daily routine, in addition to any loss of enjoyment from activities and hobbies that you once enjoyed.
The information here to relate to pursuing a claim for a kidney stones misdiagnosis in the hospital and how it may be calculated is a general overview and it is by no means a substitute to the specific legal advice a medical negligence claims solicitor will be able to provide. Once you inform them of your particular situation, they will be able to tell you what you will be taken into consideration when your claim is being evaluated and also how much you could be liable to obtain. Therefore it is recommended that you contact your solicitor at the soonest available opportunity.