By Danielle Parsons. Last Updated 9th November 2023. Welcome to our NHS compensation payouts guide. This answers the question, “how much compensation will I get for medical negligence?” In this clinical negligence payouts guide, we cover everything about compensation claims for medical negligence and hospital compensation claims in general. So, do you have any questions about medical negligence compensation, such as “what is the average payout for medical negligence?” Well, in this medical negligence NHS calculator guide, we explain everything you need to know about payout figures.
So 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, but this could allow you to make a successful claim.
Often, people who have been victims of hospital negligence are apprehensive about claiming compensation for the injuries caused. Still, 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. 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 consider, especially if the person injured suffers a loss of earnings. 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.
You can reach us about claiming medical negligence compensation by:
- Asking about claiming for substandard medical care by calling 0800 652 3087.
- Using our contact us page
- Or, if you’re still wondering, “how much compensation will I get for medical negligence” you can use our Live Chat
Choose A Section
- What Is The Average Payout For Medical Negligence?
- Medical Negligence Payouts – When Could I Claim?
- Claiming For Medical Negligence – Example Scenarios
- Claims For Medical Negligence – What Evidence Do You Need?
- Claim For Medical Negligence With The Help Of A No Win No Fee Lawyer
- More Information On Our NHS Compensation Payouts Guide
If you are eligible to make a claim, you may be wondering, ‘how much compensation for a medical negligence claim can I get?’. Following a successful claim, your settlement may include special and general damages.
The unnecessary harm you experienced when a medical professional breached their duty of care could be compensated with general damages.
Below, we have created a table with some examples of the medical negligence payouts you could receive in general damages following a successful claim. When creating this table, we have used the figures set out in the most recent edition of the Judicial College Guidelines (JCG), updated April 2022. The JCG is a document used by many legal professionals when valuing general damages as it lists compensation brackets for various injuries.
However, it is important to note that when making a claim for medical negligence, payouts will vary from those listed in the table below. This is because how much you could receive will depend on the specific factors affecting your case.
|Type of Harm
|Multiple Serious Illness or Injuries Plus Special Damages
|Multiple illnesses and injuries with special damages such as a loss of earnings.
|Up to £250,000+
|Female Reproductive System
|Injury or disease that results in infertility. May have been caused to due to the failure to diagnose an ectopic pregnancy.
|£114,900 to £170,280
|Female Reproductive System
|Sexual dysfunction in someone who has children. Upper end of this bracket is applicable to cases with serious medical complications.
|Male Reproductive System
|The reproductive organs are totally lost.
|In excess of £153,870
|The natural function of the bowel has been completely lost. Depending on the person's age they may require a colostomy.
|Up to £150,110
|Lung cancer in an older person that causes the lungs function to be impaired and the person to experience severe pain.
|£70,030 to £97,330
|One kidney is lost but the other suffers no harm.
|£30,770 to £44,880
|Breathing difficulties due to chronic asthma. The person may need to use an inhaler occasionally, and there will be an uncertain prognosis.
|£26,290 to £43,010
|The spleen is completely lost. This causes a risk of internal infections due to the immune system being damaged.
|£20,800 to £26,290
Special damages could compensate you for the costs and expenses you have experienced due to the medical negligence occurring. Some examples of what you could claim for under special damages include:
- Medical expenses.
- Travel costs.
- Loss of earnings.
- Home adaptations.
You will need evidence to prove these losses. Receipts, payslips and invoices could all be used as evidence.
Do not hesitate to contact our advisors today if you would like to discuss your potential claim.
You may wonder what the eligibility criteria is to make a medical negligence claim. When a doctor or hospital agrees to provide treatment to you, they automatically owe you a duty of care. This means that they must provide you with the correct standard of care. If you suffer harm that could have been avoided due to a breach in this duty, you could be eligible for compensation.
However, you must be able to prove that:
- You were owed a duty of care.
- This duty was breached.
- You suffered unnecessary harm as a result.
Additionally, each patient with a valid claim will have different factors that affect their case. For example, different types of harm will be valued based on what affect they have on your life. This means that knowing the average payout for medical negligence may not be useful for you. If you would like to know more about medical negligence payouts, including a free valuation of your claim, please contact one of the advisors from our team.
If you suffered harm in a medical setting, you may wonder if you are eligible to claim compensation for negligence.
To be eligible to make a medical negligence claim, you must be able to demonstrate that a medical professional breached their duty of care and this caused you to suffer unnecessary harm. All healthcare professionals owe their patients a duty of care. Per this duty, they must provide their patients with the correct standard of care. We’ll look at what evidence you could submit when claiming for medical negligence later in this guide.
Some examples of when you may be eligible to make a medical negligence claim include:
- Misdiagnosis. This occurs when the medical professional diagnoses you with the wrong condition. For example, you may present clear symptoms of a fractured wrist. The medical professional treating you may order an X-ray, but this could be taken wrong or misread, leading you to be diagnosed with a sprained wrist.
- Delayed diagnosis. This could occur when you present with the symptoms of a particular illness, but your GP does not refer you for further testing. This delay in testing could lead to a delayed diagnosis, resulting in the condition worsening.
- Prescription errors. This could occur when you are given the wrong dosage of medication, leading you to become unwell.
Call our advisors to learn how much compensation for medical negligence you could potentially claim. They could help you get your claim started.
How Long Do I Have To Make A Medical Negligence Claim?
When claiming medical negligence payout figures for your suffering, it’s important to take action within the claim time limits set out in the Limitation Act 1980. The claim could still take any amount of time, but at least the legal proceedings are underway.
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 defendant’s fault.
- If a child (under 18) is harmed by clinical negligence, a litigation friend (usually a parent or guardian) can 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
When seeking compensation for medical negligence, it’s necessary to show that medical negligence has occurred and that you subsequently suffered harm. A solicitor from our panel could help you gather evidence if you have a valid medical compensation claim.
You might wonder what evidence could be useful in claims for medical negligence. We’ve featured some examples below:
- Hospital records can provide crucial evidence of what occurred. Furthermore, a diagnosis from a medical professional can also shed light on any harm you experienced as a result of medical negligence.
- There may have been witnesses to the medical negligence you endured. For example, if you were in a pharmacy and the wrong prescription was given to you, staff or other customers may have witnessed this. Make sure you get the contact details of any witnesses so that your solicitor can speak to them during the claims process.
- Healthcare facilities usually have a complaint procedure. If you have logged a complaint, there should be a record of the it. This can show that you have attempted to communicate your concerns with the responsible party ahead of making a claim.
If you would like to work with a medical negligence solicitor from our panel to help you collect evidence for your claim, speak to our advisors for more information. They can offer free legal advice regarding medical negligence payouts.
If you are eligible to make a medical negligence claim, you may like to do so with the support of a solicitor. If so, one of our No Win No Fee solicitors could help with your claim. Our solicitors generally work under the terms of a Conditional Fee Agreement (CFA), which is a type of No Win No Fee arrangement.
When a solicitor provides their legal services under a CFA, they won’t ask for any upfront payments for their work on your claim or while it is ongoing. Under the terms of the agreement, they also won’t take a payment for their services following an unsuccessful claim.
However, if your claim outcome is successful, your solicitor will take a success fee from your compensation for medical negligence. The amount that can be taken as this fee is a small percentage that is subjected to a legal limit.
If you would like to further discuss medical negligence payouts in the UK, please contact an advisor from our team. They are here to help you 24 hours a day, 7 days a week. In addition to free advice, if you meet the eligibility criteria, you could be connected to one of our medical negligence solicitors.
To get in touch:
In this final section of our NHS compensation payouts guide to clinical negligence claims, we’ve included some other guides you may find useful.
- How to complain to the NHS
- Advice for medical negligence claimants from NHS Resolution
- NHS Service Finder App
Below, you can find links to all of our medical negligence claims guides:
- Stillborn birth injury claim.
- Can You Claim For The Failure To Treat Breast Cancer?
- Wrong Medication Care Home Negligence Claims Guide.
Thank you for reading our clinical negligence payouts guide to medical negligence claims/compensation claims for medical negligence.