If you have been a victim of medical negligence it can be a very worrying time especially if the injury sustained due to the negligence has meant that your life has been completely disrupted. Injuries that have resulted from medical negligence claims can vary across the board form slight injuries that patient’s will recover from and carry on to lead the life they lead before the incident happened to those victims who lives have completely changed and they may never recover at all.
Victims are very often in a conundrum and confused on whether making a claim when they have been a victim of medical or clinical negligence. A deciding factor for such victims or the families of the victims if they are unable to make a decision themselves can be to what degree the incident has affected the victim’s quality of life and how much future care will be needed. Very often when a serious incident has happened and the patient has suffered some type of brain injury and will not recover to live a normal life then a claim for compensation may seem the only way of ensuring the victim lives a comfortable life.
Going through an incident such as this can be a testing time especially if a person is unable to continue to work and financial hardship sets in as a result. It can be reassuring if a person knows what sort of things they are able to claim for and how much compensation will be rewarded in order for them to stay in the black. It is important to say that any medical negligence compensation calculator cannot be completely accurate and no one two cases are ever the same, the degree of injury can never be the same and nor can the circumstances. However it can give guidance to how much compensation may be awarded as a result of the medical negligence.
What specifically can be claimed for in a medical negligence claims case?
These damages are concerned with the financial aspects of the victim’s life that have resulted due to the incident of medical negligence. Very often a victim cannot return to work for a time after the incident so may need to take time off and it is special damages that will recuperate the moneys lost. Such damages can also include; travel costs to and from appointments, cost of medication, care and home adjustments so that victims can function in their own accommodation, or even alternative accommodation. That said this list can include many other financial factors depending on the uniqueness of the case. Special damages are there to put the victim in the same position as they were before the incident took place so that in theory they are no worse off or as with many cases if this is not possible special damages are there so that the victim can live life as comfortable as possible.
General Damages & Compensation Amounts
Depending on the actual incident, the degree of injury sustained and how long if ever the person takes to recover all have a bearing on the amount of general damages that is paid. If a person has sustained a head injury then general damages can go excess of £200 000* and maybe a lot more depending on the actual quality of life after the incident of medical negligence, whereas a person who has suffered superficial wounds such as scarring or minor burning can probably claim up to £5,000* pounds but no more. To give a precise amount is significantly hard as evidence, expert reports and statements must all be considered carefully and may need a lengthy time to evaluate and come to a conclusion. With any medical negligence case the judge has the final decision and it is solely up to him/her to make the end decision.
Medical Negligence Compensation Claims Explained
Severity of Injury
|Severe chest, lung or heart injury||£66,000 to £ 98,500*|
|Removal of a lung||£65,000 to £100,000*|
|Moderate chest damage (damage to organs possibly irreversible)||£7,500 to £12,000*|
|Mild chest damage (collapsed lung, tissue damage, fractured ribs, will make a full recovery)||£1,500 to £9,000*|
|Severe brain damage with unlikelihood of recovery||£185,000 to £265,000*|
|Severe brain damage (Irreversible damage)||150,000 to 180,000*|
|Minor brain damage||£10,000 to £28,250*|
|Pelvic and Injury to the Hip|
|Severe to back, hip, internal organs and recurring pain. Lasting disability that may affect sexual dysfunction||£51,000 to £86,000*|
|Fractures to the hip may need further surgery and sexual dysfunction||£40,000 to £52,000*|
|Hip fracture and possible further surgery||£17,000 to £35,000*|
|Slight injury that may or may not need more surgery||£8,500 to £17,000*|
|Minor injuries to pelvis and hip and will make a full recovery||£8,500 or below*|
|Shoulder injury connected with the neck, disability ad restricted function||£12,500 to £32,000*|
|Dislocated joint, neck, arm and hand pain with restricted movement||£7,500 to £12,500*|
|Limited movement||£4,500 to £8,000*|
|Soft tissue injury||£3,300 to £5,000*|
|Loss of both arms||£165,000 to £200,000*|
|Amputation of one arm||£80,000 to £100,000*|
|Amputation of one arm above elbow||£75,000 to £90,000*|
|Amputation of one elbow below arm||£65,000 to £85,000*|
|Loss of both hands||£90,000 to £130,000*|
|Loss of one hand||£55,000 to £75,000*|
|Loss of function, amputation of several fingers and disfigurement||£30,000 to £50,000*|
|Loss of function and possible amputation of fingers||£20,000 to £40,000*|
|Loss of function and possible further surgery||£15,000 to £20, 000*|
|Minor injury full recovery||£2,000 to £7,000*|
|Total loss of both legs||£150,000 to £180,000*|
|Amputation of both legs under the knee||£135,000 to £175,000*|
|Loss of one leg above the knee||£60,000 to £90,000*|
|Amputation below one knee||£55,000 to £80,000*|
|Ankle fracture, soft tissue damage, disfigurement and future vulnerability||£35,000 to £55,000*|
|Limited and stability, pain and recurring problems||£22,000 to £35,000*|
|Moderate fracture and ligament damage||£7,000 to £12,008|
|Mild fracture and sprain, complete recovery expected||£10,000 and below*|
|Both foot amputation||£115,000 to £125,000*|
|Single foot amputation||£60,000 to £90,000*|
All figures are estimated and are only a guide and each and every individual case is completely different. *The examples provided are for illustrative purposes only, and may differ from compensation offered in your case.
Medical Negligence Compensation – Frequently Asked Questions.
How long does the process take?
Each medical negligence claim is different, the process length can depend on many different things including if the liability has been admitted and how complicated the claim case is. The best way to get a guide on how long the claim process will take is to get some free advice from one of our solicitors and they could give you further advice on their opinion on how long the case could take to be completed.
How to calculate the compensation for Fatal Incidents?
Such incidents are sadly when the victim of medical negligence has passed away as a result of the negligence suffered and if such an incident would not have occurred then the victim would still be alive. This for obvious reasons can be a devastating time for any family not to mention a time for being angry or concerned over how such a tragic event has happened. Thinking of actually making a claim can be the least of what a grieving family consider but making a claim of the behalf of the person who has passed away can help families financially. If a person has wrongfully died their family or a person acting on their behalf can claim back the following:
Can i Claim For Funeral expenses?
It is possible for funeral expenses such as funeral cars, funeral services and grave stone plots to be claimed back for a patient who has died due to acts of medical negligence which takes the burden off the family which they wouldn’t have had to bur if it hadn’t been for the negligence of medical staffs.
How does the Bereavement Award Process work?
This can only be awarded to the deceased spouse or the parent of the victim if the victim was under the age of 18 at the time and have passed away as a result of medical negligence. The amount of the bereavement award is set at 11,800.
Can I Claim For Loss of Care and Attention?
It is entirely up to the presiding judge whether or not this award is actually given and can only be awarded in cases where there has been a loss of a spouse or parent. The sum of money which is awarded is usually a small amount.
Can I Claim Compensation For Loss of Dependency on Services?
This can be very important if the deceased was the main carer for a child or they looked after a person, was a person’s carer who was disabled and significantly relied on their help. This type of compensation is awarded if the deceased person made momentous contributions to their family and the household in terms of the service they provided. It is possible to make a claim for the contribution that would no longer be present.
Am I Eligible To Claim For Loss of Financial Dependency?
This is awarded if the family or spouse relied upon the deceased financial contributions. The court can award the amount of money in terms of compensation that would no longer be present so that the family or spouse could continue living financially as they had before the incident of medical negligence.
More Information on Medical Negligence.