If your necrotising fasciitis claim is successful, you will be awarded compensation. This is made up of your general damages and special damages. In this article we explore the issue of general damages in closer detail.
What are general damages?
General damages are part of the financial redress awarded in successful civil litigation cases, including personal injury and clinical negligence claims.
General damages specifically relate to the Claimant’s pain, suffering and loss of amenity. This can refer to both physical and emotional pain and suffering. Loss of amenity means the way in which the Claimant’s injuries have impacted upon their enjoyment of life.
Along with general damages, a Claimant will also be awarded a sum for their special damages, which relate to their actual financial loss.
General damages for necrotising fasciitis
If necrotising fasciitis is negligently managed by healthcare professionals, the consequences are often very upsetting.
A patient will become critically unwell, require extensive tissue debridement and may even need an amputation. He/she will spend a long time in hospital while the wound heals, and many will need to have the dressings changed by a district nurse after being discharged from hospital. The recovery process is therefore slow and painful.
Even once the wound has closed, the scarring can have a devastating impact upon the patient. He/she may be embarrassed about the defect and find it upsetting to look at. This can lead to psychological trauma, and some patients will go on to suffer depression, anxiety and agoraphobia. This can have a knock-on effect upon relationships, both with a partner and with friends.
Depending upon the nature and location of the debridement, a patient may find that function is reduced or lost. For example, Fournier’s gangrene is a type of necrotising fasciitis that affects the male genitalia. This can result in sexual dysfunction and infertility.
All of these considerations will be reflected in a Claimant’s general damages. If necrotising fasciitis proves fatal, the patient’s family will be entitled to a bereavement award.
Calculating general damages
Your solicitor will recommend an appropriate sum of general damages. Their suggestion will be based upon judicial guidelines and advice from a barrister. The sum will reflect all of the physical and emotional injuries you have incurred.
To ensure the full extent of your injuries is established, independent medical experts will be asked to write a report, in which they will comment upon your condition and prognosis.
Speak to a lawyer
To claim compensation for general damages, please get in touch with us today and speak to a solicitor.
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