Settlement Guide
Key
PSLA - pain suffering and loss of amenity
LOE - Loss of earnings
NEGLIGENT PROCEDURE |
RESULT |
TOTAL AWARD |
APPROXIMATE BREAKDOWN |
Breast augmentation |
Diathermy burn leading to infection; permanent scarring; further operation to remove infection |
£19,500 |
PSLA £18,500 |
Breast augmentation to correct asymmetry |
Over enlarged; exacerbation of asymmetry of breast and nipple position; scarring; unable to work; psychological injury, depression |
£50,000 |
PSLA £20,000 |
Breast augmentation |
Infection; lumpy tissue; visible scarring; permanent numbness; revision operation required |
£60,000 |
PSLA £27,000 |
Breast augmentation |
Marked asymmetry; |
£21,500 |
PSLA £13,500 |
Face lift |
Negligent eyelift; marked asymmetry; bulging appearance and continual weeping from eye |
£100,000 |
PSLA £35,000 |
Rhinoplasty (nose job) |
Disfigured nose; adjustment disorder; corrective surgery required |
£22,000 |
PSLA £15,000 |
Abdominoplasty (tummy tuck) |
Extensive scarring and loss of vascularity |
£30,000 |
PSLA £35,000 |
Abdominoplasty (tummy tuck) |
Extensive scarring and depression |
£35,000 |
PSLA £15,000 |
Compensation Award
There are two elements of the award:
General Damages
This is for the pain and suffering you may have gone through and any loss of amenity (an inability to work, drive or continue with hobbies or sports). The award for loss of amenity can be for a short period after the medical incident or on permanent basis if supported by medical evidence.
Special Damages
This is for your losses and expenses. This aims to put you back in a position financially as if the medical incident had never occurred. It is important to keep receipts for any expenditure you have related to your injury so that these can be reclaimed.
More complex cases may prevent someone continuing their employment, this can be taken into account where evidenced by payslips or year end accounts. Costs for care, equipment, transport and housing modifications can also be factored into the calculations. If the person is still able to work but not in the same role as before, particularly if they held a public service role such as a doctor or police officer, an extra amount may be awarded for loss of ‘congenial employment’. A court can also make a financial award to recognise that an injured worker's prospects on the open labour market may be limited.
If a person is fatally injured, a dependent relative such as a widow and children may be able to claim a statutory sum for their bereavement and funeral expenses, but also sums for the loss of income and contribution to the household in the form of future losses.
Making an NHS Complaint
As a starting point, it is important for you to register a complaint if you feel that the medical care you have received is below accepted standards. Managers involved in your treatment must be aware of any problems in order to resolve them, improve patient care and in some cases implement procedural changes or staff training.
You should try to make your complaint as soon as possible as there are time limits within which to bring a clinical negligence claim. You need to claim within 3 years of your date of knowledge of that negligence. If you are under 18, the three year time limit does not start until your 18th birthday.
Initially you should contact someone closely linked to the problem. Assistance can be sought from the Patient Advice and Liaison Service (PALS) at your hospital.
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