By Jade McMichaels. Last updated. 17th September 2024 by Jade. Our guide looks at hospital negligence claims payouts and begins by explaining how to learn whether you can claim for clinical or medical negligence due to the effects of substandard care from a medical professional.
Continuing through the guide, see how medical negligence compensation is calculated for the mental harm and financial losses caused by the avoidable harm you suffered if your case is successfully settled.
We also look at helpful statistics from NHS Resolution relating to payouts for clinical negligence claims in 2022/23. NHS Resolution is a body of the Department of Health and Social Care that provides expertise to the NHS on resolving concerns and disputes fairly.
Lastly, we cover the benefits of working with a medical negligence solicitor on a No Win No Fee basis so as to avoid having to pay upfront and ongoing costs for their services.
If you have any questions as you read or after you have finished our guide, get in touch with our helpful advisors. You can ask about making a compensation claim and have your eligibility to claim assessed. To get started, either:
- Call 0800 652 3087.
- Write to us about your claim online and request a call-back.
- Reach out to an advisor through the live support feature below.
Select A Section
- What Is The Average Payout For Hospital Negligence?
- When Could Hospital Negligence Claims Payouts Be Awarded?
- How Much Is Paid Out For Medical Negligence By The NHS?
- Claim Hospital Negligence Claims Payouts On A No Win No Fee Basis
- Learn More About Hospital Negligence Claims
What Is The Average Payout For Hospital Negligence?
Generally, medical negligence claims are worth different amounts because of their unique nature, so it can be difficult to provide an average payout.
Hospital negligence claims payouts aim to address the different ways you have been affected by medical negligence, such as how much your quality of life was affected and the prognosis given.
If you make a successful claim for hospital negligence, your compensation award could cover up to two heads of loss. One head is called general damages. This accounts for the physical pain and mental suffering caused by the avoidable harm caused due to substandard treatment.
Those responsible for calculating how much compensation you receive for general damages might refer to medical records and the Judicial College Guidelines (JCG). This document features a range of guideline compensation brackets for various types of illness and injury.
Compensation Table
We have created a table using JCG figures, plus a top line that does not come from the document. Please remember that medical negligence payouts differ from case to case, so this is only a guide.
| INJURY | SEVERITY | COMPENSATION GUIDELINES | NOTES |
|---|---|---|---|
| Multiple Very Serious Injuries and/or Illnesses Plus Financial Damage | Very Serious | Up to £1,000,000+ | A hospital negligence payout addressing the pain and suffering of negligent treatment. It also covers financial losses such as medical bills, lost earnings or travel expenses. |
| Brain | Very Severe (a) | £344,150 to £493,000 | Factors involved in deciding the award include the affected person's life expectancy and the degree of sensory impairment. |
| Moderate (c) (i) | £183,190 to £267,340 | The person will have a moderate to severe personality change, intellect deficit, and affected senses. | |
| Kidney | Serious and Permanent Damage or Loss (a) | £206,730 to £256,780 | Both kidneys are affected. |
| Loss of One Kidney (c) | £37,550 to £54,760 | No damage to the other. | |
| Bowels | Cases Involving Double Incontinence (a) | Up to £224,790 | Double incontinence refers to a total loss of natural bowel function, plus the complete loss of urinary function and control. There are also other medical complications. |
| Chest | Total Removal of One Lung and/or Serious Heart Damage (a) | £122,850 to £183,190 | Pain and suffering as a result are significant and prolonged. There is also permanent and significant scarring. |
| Bladder | Complete Loss of Function (b) | Up to £171,680 | And control. |
| Spleen | Loss of Spleen (a) | £25,380 to £32,090 | There is an ongoing risk of internal infection as well as disorders due to a damaged immune system. |
Special Damages
Hospital negligence payouts can also feature special damages, a second head of loss. This compensates for the financial and out of pocket expenses incurred due to medical negligence, such as:
- Medical expenses, such as prescription fees.
- Travel costs.
- Domestic care costs.
- Missed earnings if you cannot work due to injury or illness.
When claiming compensation under the special damages head, it is important to gather evidence of your losses. This may include bank statements, payslips, receipts or invoices.
If you suffered harm because of negligent care in a hospital, you could have the right to seek a payout. Talk to us today about your potential clinical negligence compensation case and see if you could be in line to claim. An advisor can also provide a more personal estimate of how much compensation you could be owed for your specific case.
When Could Hospital Negligence Claims Payouts Be Awarded?
Hospital negligence claims payouts are awarded when there is proof that medical negligence has occurred. Medical negligence is when a patient sustains avoidable harm (harm that could’ve been prevented) due to a healthcare provider breaching their duty of care.
All healthcare professionals, such as surgeons, GPs, nurses, etc., owe a duty of care to anyone they treat. To comply with this duty of care, they must always provide the correct standards of care. If ever the care they provide falls below the minimum standards, this counts as breach of duty.
As such, to receive a hospital payout for medical negligence, you must prove the following criteria:
- A healthcare professional owed you a duty of care.
- This duty of care was breached due to the healthcare professional providing substandard care.
- You sustained avoidable harm from this.
Contact us to confirm whether you’re eligible to claim compensation for hospital negligence today.
Hospital Negligence Claims Time Limits
The time limit to claim hospital negligence payouts is typically 3 years, as set out by the Limitation Act 1980. These 3 years commence from the date medical negligence occurred, or the date you realised that medical negligence occurred.
However, there are some exceptions to this time limit. These exceptions apply if the claimant does not have their full mental capacity, or if they are under 18 years old.
To learn about how the time limit changes for these exceptions, please contact us. Additionally, by contacting us as soon as is convenient for you, we can ensure that your claim is filed on time.
How Much Is Paid Out For Medical Negligence By The NHS?
NHS Resolution is an arm’s length body of the Department of Health and Social Care that, among other responsibilities, manages compensation claims on behalf of NHS Trusts. As per the annual statistics, in 2022/23, there were a total of 13,499 settled clinical negligence claims. Of these:
- 165 received £500,001 to £1,000,000
- 89 received £1,000,001 to £2,000,000
- 51 received £2,000,001 to £4,249,999
- 157 received more than £4,250,000
The highest number of specified claims arose from five forms of medical care that can be provided in a hospital setting:
- Obstetrics (maternity care).
- Emergency medicine.
- Orthopaedic surgery.
- General surgery.
- Gynaecology.
It is also possible to sue a private healthcare provider for hospital negligence claims payouts if the eligibility criteria we discussed earlier in the guide have been met. Please feel free to call us any time for more information on making a medical negligence claim.
Claim Hospital Negligence Claims Payouts On A No Win No Fee Basis
Our medical negligence solicitors have years of combined experience in helping claimants negotiate fair hospital negligence claims payouts. They can use this experience to guide you through the medical negligence claims process, help you collect evidence to build a strong case, and ensure your case is brought forward within the relevant time frame.
If a solicitor agrees to take on your case, they could offer you a Conditional Fee Agreement (CFA) that ensures you do not pay for their work before or during the case.
A CFA is a type of No Win No Fee agreement. This means that you do not pay fees for the solicitor’s services in the event of an unsuccessful claim.
If you win and receive hospital negligence compensation, a small percentage of it will go to the solicitor as their success fee. However, most of the compensation amount is guaranteed to go to you because of a cap on the percentage they can take applied by The Conditional Fee Agreements Order 2013.
Contact Us
Have you suffered harm due to below-standard hospital care? We may be able to help you get the compensation you deserve.
You can learn more about working with our medical negligence solicitors today. Just call or get in touch online to have your questions about the medical negligence claims process answered.
If we find after reviewing your experience that you have a valid claim, you could be put in touch with an expert solicitor right away.
It is totally free to speak to us about your claim and there is no obligation to start legal proceedings. At any time of your choosing, you can:
- Call us on 0800 652 3087 and speak with an advisor.
- Use our ‘claim online’ contact form.
- Reach out to us through the live support feature below.
Learn More About Hospital Negligence Claims
We have even more medical negligence claim guidance in these articles:
- We discuss wrongful death through negligent medical care and who can claim.
- A look at the average settlement for a cancer misdiagnosis and when you can seek compensation.
- Learn whether being given the wrong medication in hospital could be the basis for a claim.
You may also find relevant information here:
- The General Medical Council outlines how to complain about a doctor’s conduct.
- NHS England provides NHS care feedback and complaints guidance.
- Information about claiming Statutory Sick Pay, available on GOV.UK.
We hope this guide to hospital negligence claims payouts has helped. For further guidance, just call our 24/7 helpline at any time.
