Calculate How Much Medical Negligence Compensation You Could Claim
By Edward Wilson. Last Updated 5th March 2021. If you’re wondering how much compensation you could get for a medical negligence claim, this page will answer your queries. If you believe that recent clinical care or treatment you have received has been of a poor standard and as a result, this has caused you to be injured or harmed in some way, you might be able to claim medical negligence compensation. Poor treatment can even mean being prescribed the wrong medication.
Often people who have been a victim of the likes of hospital negligence are apprehensive about claiming compensation for the injuries caused, but sometimes the injuries sustained are so bad that they cause life-changing effects. Compensation is there to put you back to the position you were in before the negligence occurred and if that is not possible, it is awarded accordingly to make life more comfortable.
A compensation claim for medical negligence will be calculated by assessing the harm that you’ve suffered. Of course, there are more factors to take into consideration, especially if the person injured suffers a loss of earnings, and as well as themselves their family suffers too, particularly if that person acted as a carer for someone and can no longer deliver that duty.
How Much Compensation For A Medical Negligence Claim?
Our specialist panel of professional medical negligence solicitors can help with any medical negligence claim as long as it can be proven that there has been a breach of duty and such a breach has caused harm.
Almost all of the medical negligence claims brought to us are managed on a Conditional Fee Agreement (the formal name for a No Win No Fee agreement), which means if your case loses then you won’t have to pay us any of our fees. If the case succeeds, we’ll deduct a small percentage of your compensation award to cover our legal fees. We’ll explain more on this below.
And if you have any questions about medical negligence claims or would like to kickstart your case today, our team of clinical negligence advisers are standing by to help. Working 24 hours a day, 7 days per week, you can reach them by:
- Calling 0800 652 3087
- Writing to us about your medical negligence claim by clicking here
- Or chat with us now using our live chat
What is a Medical Negligence Claim?
Medical negligence is when a health care worker which can include but is not exclusive to, doctors, nurse, dentist or carer that has provided some kind of health treatment that has been of below-par standard and in turn has caused the patient/client to be harmed as an effect of the service that has been provided. Making a claim for medical negligence means to claim compensation, an amount of money for the harm that has been caused and the damage it has had on the victim overall.
How Long Do I Have To Make A Medical Negligence Claim?
When it comes to claiming compensation for the harm you’ve suffered as a result of negligence, it’s important to take action within the claim time limits set out in the Limitation Act 1980.
For medical negligence claims:
- You have just 3 years from the date of the negligent incident to issue proceedings.
- If the injury or illness developed over time, the time limit could start from the date you obtained knowledge of the injuries or illness and suspected they were the fault of the defendant.
- If a child (under 18) is harmed by clinical negligence, a litigation friend (usually a parent or guardian) can make a claim on their behalf. However, if no claim is made before their 18th birthday, the 3-year clock will begin to tick from that point.
- Again, a litigation friend can act on an injured person’s behalf if that person has lost their capacity to represent themselves. This is contained in the Mental Capacity Act 2005
What Compensation can be Claimed for?
To accurately value medical negligence compensation, it will be necessary for you, as part of the claims process, to be assessed by an independent medical expert.
The purpose of this examination is to determine the extent of your pain and suffering, how serious the injury or illness is, and what the outlook of recovery is like. These findings will be put into a medical report which your clinical negligence solicitors will use to help prove your claim.
The medical report is also used to value one part of your claim known as general damages. This element takes into account the physical pain, psychological suffering and negative impact on your quality of life.
However, as you’ll see below, it’s possible to gain an idea of how much medical negligence compensation you could receive at this early stage, and below, we’ll show you some figures. But first, let’s look at the other element of a medical negligence claim.
Special Damages In Medical Negligence Claims
Special damages relate to your financial losses, both past and future, that have been incurred as a result of the act of negligence. Special damages can include but are not limited to:
- Medication and treatment costs
- Loss of earning that have been and will be incurred
- Adaptation to accommodation
- Change of accommodation
- Care needed
- Travel costs
- Parking expenses
- Specialist equipment
Such losses need to be proved so it is best to keep any receipts that you may have. Proving the expenses of the care and equipment needed as part of the aftercare rehabilitation will be worked out by the professionals.
To find out what else you can include within a medical negligence claim, please get in touch with our team of advisers on the number at the top of this page.
What Is The Average Claim Amount For A Medical Negligence Claim?
Each and every medical negligence case is different; no two people are the same and no two incidents of medical negligence are either.
Cases of medical negligence can range from anything from £1,000 to amounts exceeding £1 million, depending on the severity and nature of the case. A medical negligence claims calculator could help in giving an estimate of how much medical negligence compensation might be awarded, but in our experience, they can provide misleading results.
It’s for this reason we’ve included a medical negligence compensation table below using figures you can trust.
Medical Negligence Compensation Table
If you’re looking to learn how much compensation for a medical negligence claim you could get, this section will answer your queries.
The figures you can see in the table below are estimates only. They’re taken from the Judicial College Guidelines which lawyers use to help value claims.
|Injury or Illness Resulting From Medical Negligence||Potential Value|
|Traumatic death in which the deceased is fully aware and awake||£11,770 to £22,350|
|Unconsciousness followed by death after 6 weeks||£3,530 to £4,120|
|Immediate unconsciousness followed by death within one week||£1,290 to £2,620|
|Infertility arising from a failure to diagnose an ectopic pregnancy. Higher awards for those who don't have children.||£31,950 to £95,850|
|A delay in diagnosing an ectopic pregnancy but where fertility is not affected.||£3,180 to £19,170|
|Mental anguish - a fear of impending death, particularly pertinent in cases of severe allergic reactions to medication||£4,380|
|Mild allergic reaction to the likes of wrong medication||£860 to £3,710|
|A slightly more serious allergic reaction to wrong medication||£3,710 to £8,950|
|A serious reaction to medication that may require a short hospital stay to recover from.||£8,950 to £18,020|
|Severe toxicosis likely resulting in hospitalisation. May result from incorrect medication being dispensed.||£36,060 to £49,270|
For more advice on how much medical negligence compensation you could get for your injuries or illness, please get in touch.
Is Claiming Medical Negligence Compensation the Right Thing?
Victims of medical negligence may claim for many different reasons. Those who just want an apology and an admission that the service they received was below standard, and confirmation that it will not happen again, can receive such information by filing a complaint through the complaints department of the likes of an NHS hospital or trust.
There are victims of medical negligence that have no other choice but to make a claim for compensation as the aftercare and assistance needed would be far above the means of any person.
Those who suffer severely due to medical negligence and can no longer work, have little or no quality of life, with rehabilitation maybe only having a small chance of working, if any at all, need compensation to live a comfortable life.
So in these circumstances, making a medical negligence claim is the right thing to do.
How Many Medical Negligence Claims Go To Court?
You’d be surprised to hear that very few medical negligence claims involving the NHS make it to court. In fact, of the 15,550 claims resolved in 2019/20, only 0.6% went to a trial. 71.5% were resolved without court proceedings, meaning they were either abandoned or settled.
How Common Is Medical Negligence?
To answer this question, we can look at the latest figures published by the NHS. They found that in 2019/20:
- 11,682 new medical negligence claims and reported incidents were recorded.
- The annual cost of settling claims was around £2.3 billion.
- £61.4 million was spent on settling GP claims alone.
- The area of clinical negligence with the highest value claims was maternity (50%).
How Do I Start a Claim for Medical Negligence?
It’s possible to start a medical negligence claim today by following a few simple steps:
- Gather evidence. Do you have any letters from the hospital or your GP in relation to the negligent incident? It may be worth making a complaint if you don’t, so an internal investigation can take place. The findings of this investigation may be used as evidence in your medical negligence claim.
- Record what happened. As part of your claim, your lawyer will need to know everything that happened down to the last detail. So the more you can recall and present to your solicitor, the better.
- Find a clinical negligence solicitor. You may take to Google and search for ‘medical negligence solicitors near me’, but there isn’t any need to use local lawyers. In fact, you may be doing yourself a disservice. Thanks to technology, you can communicate and work with a solicitor based anywhere in the country. That’s how we operate, and it’s enabled thousands of clients to gain access to quality legal advice from the comfort of their own home.
So if you’d like to speak to our clinical negligence claims team today, why not get in touch on the number at the top of this page?
No Win No Fee Medical Negligence Claims
We believe everybody should be able to pursue justice and compensation, particularly if they’ve been harmed or wronged through no fault of their own. It’s this belief that underpins our No Win No Fee service.
This is a term you may have seen or heard before. But what does No Win No Fee mean? Essentially, if your medical negligence solicitors fail to win your case, you don’t pay them a penny.
If they do succeed, they’ll deduct a small percentage from your compensation award. This is known as a success fee and it’s capped by law, meaning you take home the bulk of your compensation.
Other benefits to No Win No Fee medical negligence claims include no fees to pay upfront and nothing to pay if your claim doesn’t succeed.
To learn more about claiming medical negligence compensation on a No Win No Fee basis, please get in touch.
Can I Get Free Legal Advice On Hospital Negligence Compensation Claims?
The answer is yes! We offer free legal advice on hospital negligence compensation claims. We can discuss your options with you and advise you as to whether or not we believe you have a good case.
If you do choose us to deal with your claim, you can rest assured that it’ll be handled by experienced medical negligence solicitors who will strive to recover the compensation that you deserve.
To learn more about our clinical negligence service, please get in touch with us using the details below.
Start Your Medical Negligence Claim Today
Our team of advisers are standing by to offer you the free legal advice and support you need. If you’re looking to make a medical negligence claim, they can help you with that too.
To start the process, simply get in touch, day or night, using any of the methods below:
- Call us on 0800 652 3087
- Write to us about your case here
- Or chat with us now about how much compensation for a medical negligence claim you could get.
More Information On Claiming Medical Negligence Compensation
In this final section of our guide to clinical negligence claims, we’ve included some other guides you may find useful.
- Medical Negligence Compensation Calculator
- Hospital Negligence Claims Explained
- GP Negligence Claims
- How to complain to the NHS
- Advice for medical negligence claimants from NHS Resolution
- NHS Service Finder App
Thank you for reading our guide to medical negligence claims.