Compensation for Error during Colon Operation

In accordance with the UK Statute of Limitations your son has three years to claim compensation for an error during colon operation. This legislation was established in 1980 as part of the UK Limitations act so that potential claimants would make a claim while evidence of negligence was still recent and also so that negligent parties would not have to live in continual fear of litigation. This time period generally begins on the date that an injury, illness or deterioration of an existing condition has been sustained. In your son’s case, it would be the date that he first had knowledge of any medical consequences of his colon operation error.

However, this statute time limit can be varied in certain circumstances. For instance, if your son is under 18 years of age, then he will have until he is 21 years old for a colon injury from operation compensation claim to be made as this time limit will not begin until he is eighteen. However, until he is 18 he will not be able to make a claim on his own behalf, as under UK law minors are not permitted to advise a solicitor or initiate a claim. However, a parent or legal guardian would be able to represent him in a claim as his “litigation friend” if it is preferable to make a claim as soon as possible.

Whether he is under 18 or not, it is still in your son’s best interest to contact a personal injury claims solicitor with experience in dealing with compensation for error during colon operation claims at the first possible moment so that medical negligence can be established. Even if negligence may seem obvious to you, it can be complicated to prove and without a negligent party a claim cannot be made. Furthermore, although three years may seem like a great deal of time to pursue a claim, if the claim is being made against the NHS an initial letter of complaint will have to be sent within a year of the date of injury. It is best to have a solicitor assist with writing this letter as the wording of it may affect the strength of your son’s colon injury from operation compensation claim.

Your son’s solicitor will establish whether or not the medical team responsible for your son’s colon operation error was negligent by contacting everyone involved. This is because it isn’t always the surgeon who can be blamed for such a medical error, occasionally it can be due the negligence of the nurses, technicians present or even due to administrational error. He or she will obtain the relevant medical notes and documentation from the operation and present it to an independent medical expert. This medical expert will examine these notes and determine if your son’s colon injury could have been avoided had another competent doctor been involved and taken alternative actions.

The medical expert will inform your solicitor of whether or not negligence has been established. Your solicitor will in turn advise you or your son of the viability of his potential claim. If they deem his claim to have a considerable chance of success they may offer him legal representation in his pursuit of compensation for error during colon operation.