Medical Procedure Error Claims

I have seen the phrase “loss of amenity” on your web site, but do not quite understand what it is and how it might apply to medical procedure error claims for compensation. Could you explain please?

Answer:

In order to explain “loss of amenity” in the context of medical procedure error claims for compensation, it will be necessary to first explain what “loss of amenity” means and apply it to several examples of medical procedure error.

There are four main constituents in a claim for medical procedure error compensation – general damages for any avoidable physical pain a claimant experiences during the medical procedure, general damages for any quantifiable emotional trauma which results from a medical procedure error and special damages to account for the financial cost of a medical procedure error.

The fourth constituent in medical procedure error claims for compensation is general damages for “loss of amenity”. This term relates to the deterioration in your quality of life which is a direct result of a medical error which has prevented you from being able to perform day-to-day activities (for example drive, care for children/elderly, household chores, etc.) or enjoy normal leisure and social pursuits.

How much “loss of amenity” compensation for a medical procedure error you may be entitled to recover in medical procedure error claims is going to very much depend on your personal circumstances – for example a working mother is likely to be awarded more “loss of amenity” compensation for a medical procedure error than an elderly retired man if an error in a medical procedure results in the loss of use of an arm.

Not all medical procedure error claims are for such permanent injuries, and if – for example – you have been prescribed the wrong medication which causes excessive tiredness, you could claim medical procedure error compensation for “loss of amenity” for your temporary incapacity. In cases such as these, it is recommended that you maintain a diary to record the times when you are unable to enjoy a full and active life due to an error during a medical procedure.

Not every claim for a medical procedure however is eligible for compensation for “loss of amenity”. There are very few circumstances when your quality of life would be affected if the wrong tooth had been extracted or a wrong medicine prescribed that had no effect on you and, if you have suffered no quantifiable loss, injury or deterioration of an existing condition due to an error in a medical procedure, it will not be possible to make medical procedure error claims for compensation at all.

There is such a large range of consequences which can result from medical procedure errors that it will be in your best interests to discuss your personal situation with an experienced medical negligence solicitor. The solicitor will be able to assess whether you have a claim for a medical procedure error which is worth your while to pursue and then explain how compensation for “loss of amenity” will be applied in your specific circumstances.