Scar Injuries: If a surgery causes a scar, can I be compensated?
A Common Scenario for Scar Injuries
Scar injuries sometimes come from sources we don’t always think about. For example, if you break your arm in a car accident, the actual broken arm may not cause your scar. What will cause your scar, however, is the surgery you need to repair your broken arm.
Why Scars are Commonly Overlooked
In an injury case, what most people focus on is the broken arm. What’s often overlooked is the thing that can last for the rest of your life; the scar from the surgery to fix the broken arm. Why is this? Medical records rarely say much, if anything, about the scar left by the surgery. Without photos from the client, this can easily be forgotten.
Does it Really Matter?
Yes, it matters a lot. Scars stick with you forever unless you undergo revision surgery to fix the scar – yes, a surgery to fix a scar caused by a surgery. Crazy, right?
What is necessary to get a surgery? Cold hard cash. Since the surgery is likely to be considered an elective surgery by your health insurer, they likely won’t cover it.
Thus, if you want to have the scar repaired, you’ll have to go after the person/company that caused the original injury that led to the surgery that caused the scar. In reality, you will most likely seek compensation from the insurance company.
So, Can I be Compensated for the Scar?
Yes – if the scar was the result of another person’s negligence. However, and this is a big however, you will need to have an expert (usually a surgeon), give an opinion that the scar was the result of the negligence. Once you have this opinion, you will submit it to the insurance company as a part of your demand.
Give us a call. We’ll be happy to answer your questions. 888.550.4026.