Spleen injury compensation claims - Introduction
Blunt trauma is the most common cause of spleen injury claims. The trauma can occur during a road traffic accident, a fall from height or through a criminal act. According to the BMJ (formerly the British Medical Journal) up to 45% of patients with blunt abdominal trauma will have a splenic injury.
If the trauma was caused by third party negligence, compensation can be sought. Criminal compensation claims can be made through the CICA.
A spleen can also be damaged during surgery. This is known as an iatrogenic injury and can lead to a claim for medical negligence.
Common spleen injuries
A diagnosis of a spleen injury is one of the first steps in a claim. This often occurs in hospital during an A&E visit. There are three main types of spleen injury that can occur, which vary in severity. These are:
A spleen contusion is bruising of the spleen and is the least serious condition. However, it can still have unpleasant side effects. This type of injury usually recovers well on its own, provided there are not any complications. However, a hospital stay is generally required for monitoring.
A surface tear or laceration, a ruptured spleen is the most serious type of spleen injury. As well as pain, bruising and swelling of the abdomen, a person can go into shock, suffering internal blood loss, rapid breathing and low blood pressure. It is considered a medical emergency requiring surgical intervention.
An enlarged or swelling of the spleen is usually the result of an illness, although it can occur through injury. It does not always produce symptoms but when it does these can include feeling full quickly after eating and pain in upper left side of the abdomen.
For the person affected, a spleen injury can have a significant impact and this will be taken into account during a claim.
Besides the initial pain and suffering, the affected individual may be unable to work or carry out normal every day activities for a period of time. This can lead, not only to financial strain, but also to psychological distress.
In addition, other health complications such as sepsis and infection can occur. And in cases of severe spleen injury, in particular rupture, the spleen may have to be removed. Removal of can mean the individual has to manage a life-long weakened immune system.
Liability depends on the context in which the spleen injury occurred. After a condition has been diagnosed, it must be demonstrated that the injury was the result of third party negligence - that a third party had a legal ?duty of care' towards the person injured and did not meet it.
For blunt trauma injury
The majority of cases of blunt trauma to the abdomen are caused by road traffic accidents. In these cases another road user would be liable if their actions were at fault. By not acting in a safe manner, failing to adhere to the Highway Code or driving dangerously, a road user could be deemed negligent for causing injury to the person affected.
If blunt trauma occurred in the workplace, for example during a fall or from faulty or misuse of work equipment, an employer would be liable if their actions or inactions were the cause.
This failure to safeguard an employee comes under a range of legislation, but primarily the Health and Safety at Work etc Act 1974.
For iatrogenic injury
Although less common, spleen injuries due to medical interventions do occur. Most frequently these are tears and lacerations during abdominal surgery, such as a gastrectomy or open hernia repair. For injuries sustained during surgery, a claim would likely be made against the NHS or a private hospital.
Starting a guaranteed No Win No Fee spleen injury compensation claim with Quittance
A no win no fee arrangement ( known as a Conditional Fee Agreement or CFA) is agreed between a claimant and a specialist injury lawyer.
A Conditional Fee Agreement is essentially the terms and conditions under which the solicitor represents the claimant.
The contract details what the lawyer will actually do and how he will be rewarded if the claim is won.
If you choose Quittance for your spleen injury compensation claim there will be no hidden fees , nothing to pay up-front and the reassurance that you wont be out of pocket.
Accident at work case study
£2.1m compensation for catastrophic workplace injuries View case study