I'm in a joint IVA with my husband. I have paid off nearly half of what they worked out what needed to be paid.
My question is regarding a medical negligence claim. I am currently going through a claim toward to NHS for neglecting to diagnose the correct problem a year ago now, which was charcot foot. I went through months of appointments and trauma because of it and its caused more damage me walking around on fractured bones misdiagnosed and this will be permanent now. I now need corrective surgery and I will endure loss of sensation as well as loss of flexibility in both feet. I can no longer work without the possibility of enduring more fractures.
Because of not being able to work (the solicitors have took this into account with my claim against the hospital) I'm wondering if the IVA are entitled to take this from me. I am having ongoing treatment and physio, and endure pain daily because of said problem .
I would take that the compensation will cover what I now can't earn but would like someone's feed back on this please.
Thanks
Usually compensation fo pain and suffering is allowed to be kept --- that for loss of earnings you will have to discuss with the IP. When it is to cover past lost earniungs it generally goes to the IVA -- but future lost earnings would be treated differently ... mabye averaged out and incorporated as income going forward.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
