All medical professionals owe their patients a duty of care to provide the correct standard of care. If they provide a poor standard of care that is below what is minimally required from them, this is a breach of duty. If you have suffered harm that should have been avoided (known as avoidable harm) due to a breach of duty, you could make a medical negligence claim. In this guide, we look at the compensation payout you could be awarded for a successful case as well as exploring the question, ‘Should you accept the first medical negligence compensation offer you receive?’.
Furthermore, we look at how accepting an offer early in the claims process can mean you’re under-settling. We then explore the benefits of working with one of our specialist medical negligence solicitors to help you throughout claims process. They can ensure your claim is valued correctly and you receive a fair settlement for your specific case.
We also explain at the end of this guide what it means to be legally represented under a No Win No Fee agreement. You could potentially have your medical negligence claim represented under this type of agreement if you have a chat with us and are connected with one of our expert solicitors. Contact our advisors for free using the details provided below:
- Call 0800 652 3087.
- Enter details about your claim online.
- Use our live support chat to message an advisor directly.
Jump To A Section
- Should You Accept The First Medical Negligence Compensation Offer?
- Could A Medical Negligence Claim Be Under Settled?
- Would Using A Solicitor Get Me More Medical Negligence Compensation?
- How Much Is My Medical Negligence Claim Worth?
- Could You Claim With A No Win No Fee Clinical Negligence Solicitor?
- Learn More About Medical Negligence Compensation Claims
Should You Accept The First Medical Negligence Compensation Offer?
You can make a medical negligence claim against the NHS or a private healthcare provider as long as your case meets the relevant criteria. This means showing a medical professional provided substandard care and caused you avoidable harm. For example, a surgeon may have left a surgical instrument inside you while operating, causing you to develop a serious infection. You may have also needed additional surgery as well as experiencing unnecessary harm.
When you go to make a medical negligence claim, you could be offered an early compensation offer. This is often done before any expert opinion has been gathered. However, you are not required to accept the first medical negligence compensation offer you receive.
The claims process and the potential of a claim going to court can seem daunting. As such, it can seem tempting to accept an early offer of compensation. However, an early offer might not always be beneficial for you as a claimant. This is because medical negligence can often have severe and long-term impacts that may not be considered if you accept the very first offer you receive.
If you are looking to make a clinical negligence claim, we recommend that you speak with an advisor today about your best options. They can assess your case and connect you with one of our specialist medical negligence solicitors if you have an eligible case. A solicitor can then help you through the claims process and ensure you receive a fair settlement.
Could A Medical Negligence Claim Be Under settled?
The following factors are considered when determining how much compensation you should receive:
- The severity of the avoidable harm you suffered.
- Whether you were impacted both physically and mentally.
- The future prognosis you have received.
- The long-term effects and medical treatment you need.
- What past and future financial losses you experienced.
Furthermore, at some point during the claims process, you will be invited to have an independent medical assessment to evaluate the full extent of your avoidable harm. The medical report from this assessment is often used to help calculate what your compensation amount could be.
In some cases, a medical negligence settlement could be under valued. There are several reasons for this, including a failure to take into account all the ways you have been impacted, a lack of evidence to show how you have been affected, not having your injuries/illnesses properly assessed, or not waiting enough time to recover and understand how you’re likely to be affected in future.
As such, it is important to ensure you provide enough evidence to show how you have been impacted. It can also benefit you to seek legal representation as an experienced medical negligence solicitor can ensure all aspects of your case are accounted for when calculating the settlement you’re owed. They can also advise on whether to wait until you have fully recovered.
Our team can give you more advice about claiming compensation in clinical negligence claims.
Would Using A Solicitor Get Me More Medical Negligence Compensation?
If you are eligible, you could be connected with one of our experienced medical negligence solicitors who can help you claim compensation. As well as helping you understand ‘Should you accept the first medical negligence compensation offer?’, they can ensure you receive a fair settlement and make a counteroffer on your behalf. Furthermore, they can ensure everything is taken into consideration so your claim is accurately valued.
Other services they could provide when handling medical negligence cases include:
- Ensuring your claim is filed in full within the time limit.
- Sending important correspondence on your behalf.
- Gathering proof of medical negligence for your case. For example, copies of your medical notes, and statements from witnesses.
- Provide legal advice throughout the claims process.
- Update you on any progressions throughout the case.
So, using a solicitor can make the medical negligence compensation claims process much easier for you. To see whether we can connect you with one, please speak with our team.
How Much Is My Medical Negligence Claim Worth?
The first medical negligence compensation offer may be completely different to an offer which is made after all of the evidence has been gathered, including reports from an independent medical assessment. This is because an offer made after all of your evidence has been gathered should take into account the full extent of the impact avoidable harm has had on you physically, psychologically, and financially.
If you proceed with a medical negligence compensation claim and are successful, there are two heads of claim which could make up your settlement.
General damages is the head of claim that compensates the psychological and physical impacts you have suffered from avoidable harm caused by a medical professional providing substandard care.
As well as the results of the independent medical assessment and your medical records, the Judicial College Guidelines (JCG) is a document that can help put a value on your general damages. The JCG has guideline compensation brackets based on different types of physical and psychiatric illnesses and injuries.
Compensation Table
To give you a rough idea of how much compensation could be awarded for a successful medical negligence claim, we have taken some information from the JCG (only the very first row is not from the JCG).
Although we have included the JCG’s guideline compensation brackets for each injury, we cannot guarantee a certain amount that could be given for your particular case. This is because every case is entirely unique. So please use the table as a guide only.
| Injury | Severity | Guideline Compensation Brackets | Comments |
|---|---|---|---|
| Multiple serious injuries and/or illnesses and monetary damage | Serious | Up to £1,000,000 and above | A settlement for suffering multiple types of serious harm and consequently significant financial losses like home adaptations, lost income, and medical costs. |
| Brain damage | Very severe (a) | £344,150 to £493,000 | The person will require full-time nursing care, have double incontinence, poor language function, and little evidence, if any at all, of having a meaningful response to their environment. |
| Moderately severe (b) | £267,340 to £344,150 | The person will be in a permanent vegetative state and have a reduced life expectancy. | |
| Kidney | Loss or serious and permanent damage (a) | £206,730 to £256,780 | Both kidneys are affected. |
| Loss of one kidney (b) | £37,550 to £54,760 | The remaining kidney will have no damage. | |
| Bowels | Double incontinence (a) | Up to £224,790 | Natural bowel function is completely lost and urinary function and control are lost. There are other medical complications. |
| Total loss of natural function (b) | Up to £183,190 | The person will depend on a colostomy and the award will depend on their age. | |
| Bladder | Significant (b) | Up to £171,680 | Total loss of control and function. |
| Serious (c) | £78,080 to £97,540 | Impairment of control with some incontinence and pain. |
Claiming For Any Other Expenses Or Losses
Special damages is the head of claim that compensates the financial losses that have resulted from avoidable harm caused by receiving substandard care. These are some financial losses that can be reimbursed under this head of claim:
- Any missed wages from being unable to work.
- Medical expenses such as prescriptions.
- The costs for making adaptations to your home to accommodate any permanent effects.
We strongly advise that you keep all evidence that you have of these losses. This is because a payout under special damages is not always given. Such evidence can include payslips, bank statements, receipts, and invoices.
Get in touch with us today to discuss how medical negligence compensation is calculated. You can also find out whether you can claim compensation with us.
Could You Claim With A No Win No Fee Clinical Negligence Solicitor?
By chatting with our team, you can find out whether you can be connected with one of our No Win No Fee clinical negligence solicitors. If you are connected, you could be represented under a Conditional Fee Agreement (CFA).
A CFA is a type of No Win No Fee agreement which means you do not pay any ongoing or upfront fees for the work your solicitor does during the claims process. You also do not have to pay legal costs if your claim fails.
Instead, if your claim is successful, your solicitor will charge a success fee. This fee is a legally limited percentage of your settlement.
Talk To Our Specialist Team
If you have any questions at all about making a medical negligence claim under No Win No Fee terms, please don’t hesitate to contact us. They can also provide further guidance on the question, ‘Should you accept the first medical negligence compensation offer?’. To get in touch, you can:
- Call 0800 652 3087.
- Enter details about your claim online.
- Use our live support chat to message an advisor directly.
Learn More About Medical Negligence Compensation Claims
Here are some of our guides which might provide you with similar information:
- Look at an explanation of what counts as medical negligence with examples to see whether you may have an eligible claim.
- Read our case study example of how someone was able to claim a £60,000 compensation payout after their GP made a prescription error.
- Find out how to possibly receive A&E medical negligence compensation if an Accident and Emergency department caused you to suffer avoidable harm due to providing a poor standard of care.
Learn more by browsing these pages:
- Gov.UK – Guidance on claiming Statutory Sick Pay (SSP) from the government.
- NHS Resolution – Find advice for claimants should a medical negligence claim be made against the NHS.
- General Medical Council (GMC) – Information for patients on raising a concern against a doctor.
We hope this guide has answered the question ‘Should you accept the first medical negligence compensation offer?’. If you have any other questions about medical negligence claims, please get in touch with an advisor using the number above.