Welcome to our guide discussing a medical negligence compensation calculator. If medical negligence incidents occur you are likely to be concerned about how this type of negligence will affect your health. You may have many questions. When things have settled down you may be thinking about making a medical negligence claim for the avoidable harm you have suffered. And a question you may have then is how much medical negligence compensation you may be awarded. This guide has been designed to inform you of how medical negligence compensation if awarded is calculated. It will look closely at what types of damages can be awarded and who may be eligible.
Calculating Medical Negligence Compensation Claims
To begin your medical negligence claim today, call Medical Negligence Assist. Our advisors can offer you free legal advice about making a medical negligence claim. Moreover, if our advisors can see that you have a valid medical negligence case they may offer to connect you with a solicitor that specialises in this field.
To begin your claim for injuries caused by medical negligence, contact us today:
Alternatively, continue reading this guide to learn more.
Select A Section
- What Is A Medical Negligence Compensation Calculator?
- Types Of Medical Negligence You Can Claim For
- Medical Missed Diagnosis And Misdiagnosis
- Prescription And Medication Errors
- Delays To Getting A Diagnosis
- Negligent Advice By A GP, Dentist Or Other Medical Professional
- Negligent Treatment By A GP, Dentist Or Other Medical Professional
- Surgical Negligence
- Time Limits On Medical Negligence Claims
- Medical Negligence Compensation Calculator
- No Win No Fee Medical Negligence Compensation Calculator
- How Our Team Could Help
- Statistics On Medical Negligence Claims By Type
- Where To Read More
- FAQs About Medical Negligence Claims
What is medical negligence? Medical negligence is when a healthcare professional provides a patient with substandard care. Meaning medical care that is below the standard expected within their profession. This breaches the medical practitioner’s duty of care towards their patient. Medical negligence is also known as medical malpractice or clinical negligence.
As a result of medical negligence, the patient can experience an injury or illness. Or the medical malpractice may cause the patient’s medical condition to worsen.
The following types of medical negligence can harm patients:
- GP negligence
- Dental negligence
- Surgical negligence
- Childbirth negligence
- Medication errors
- Healthcare acquired infections
- A missed diagnosis, a delayed diagnosis or misdiagnosis
Our clients often ask us, “How is compensation for medical negligence calculated?” When medical negligence solicitors value a claim, they will look at several factors, including the type of injuries suffered and the severity of the injuries. Solicitors will also consider what medical treatment or specialist care the claimant may need in the future. And the solicitors will look at how the claimant’s injuries may affect their ongoing quality of life.
We have included a medical negligence compensation calculator table in this guide. Please only use this table as a guide to how much compensation you may claim if your case is successful. This is because every claim is different plus the table only looks at one part of the case; your avoidable suffering. However, we recommend you call us to speak to a trained advisor who can provide a figure based on your personal circumstances.
A medical practitioner includes; a doctor, nurse, anaesthetist, dentist or midwife.
If a medical practitioner provides a standard of care that is below their professional standards, or they deviate from appropriate procedures, or they fail to treat a patient, those under their care can become harmed unnecessarily. Below are examples of when medical care is subjected to a drop in standards because the duty of care of health care staff is breached.
- Medical diagnosis: A doctor misdiagnoses a patient’s medical condition because they fail to identify clear symptoms of an illness.
- Surgical negligence: A person is operated on when it was not needed
- Childbirth negligence: Both mother and baby suffer birth injuries due to failure to monitor
- Negligent advice: A healthcare professional gives a patient improper medical advice.
- Medication errors: A patient gets the wrong prescription, or the given the wrong medication
It is important to state medical negligence can happen in different medical environments including both private health care and treatment offered on the NHS.
Below we will discuss how misdiagnosis and missed diagnosis can be linked to medical negligence. We will also look at how a delay in diagnosis can lead to a patient suffering more than they would have had the diagnosis been made earlier.
Misdiagnosis can happen if a patient is not examined properly or if their symptoms are not taken seriously. However, not all misdiagnoses will be linked to medical negligence. A doctor can adhere to all professional standards providing the correct level of care but the diagnosis may not have been reached. In these cases, medical negligence is not the cause of the diagnosis being incorrect.
A missed diagnosis is when a doctor fails to spot an illness, injury or medical condition. Many medical conditions get progressively worse if the patient does not receive prompt medical treatment. Therefore, a missed diagnosis can cause a patient to need more invasive therapy forms or suffer avoidable damage.
A missed diagnosis can be devastating for a patient. For example, if a doctor fails to spot signs of jaundice in an infant, the baby may develop irreversible brain damage. This can lead to disabilities later in life. Sadly if a doctor fails to spot the signs of cancer, cancer can worsen and spread over time. Therefore the patient may need a more aggressive form of treatment to recover from cancer. Or tragically, the patient’s cancer may no longer be treatable, and the patient may not survive the disease.
Misdiagnosis is when a doctor diagnoses one medical condition as another. This means that the patient may receive the wrong medical treatment. For instance, the patient may be prescribed the wrong medication. Taking the wrong medication can harm a patient. Furthermore, the patient’s actual condition will go untreated. Therefore the patient will usually experience unnecessary pain and suffering as a result.
Contact us today if you have experienced misdiagnosis negligence. What can we do if we can see that you are owed medical negligence compensation? We can provide you with a skilled solicitor to handle your claim.
The following issues are examples of medication errors and prescription errors:
- A patient is given or prescribed the wrong type of medication. This can cause adverse reactions and side effects.
- Or a patient is given or prescribed a dosage of medication that is too low. Therefore the medication may not have the desired effect.
- However, if the dosage is too high, the patient can suffer a drug overdose. This can cause severe symptoms, including respiratory damage or cardiac arrest.
- What’s more, a pharmacist can misread a patient’s prescription. Or mix up prescriptions belonging to two or more patients.
How many medication errors happen a year? According to research published by the BMJ Quality and Safety Journal, 237 million medication errors happen in England each year. This results in over 1,700 avoidable deaths. The cost of these medication errors to the NHS is over £98 million.
Source URL: www.bmj.com/company/newsroom/237-million-medication-errors-made-every-year-in-england/
Some medical conditions, such as cancer, are timebound. This means that the longer they go untreated, the worse they get. Unfortunately, a delayed diagnosis can have catastrophic effects on a patient suffering from cancer. For example, what can happen if a GP surgery or hospital keeps on cancelling or delaying an appointment? Consequently, the patient’s diagnosis may be delayed unnecessarily.
Unfortunately, if a delayed diagnosis occurs, the patient’s medical condition may become harder to treat. If a cancer diagnosis is delayed, cancer may spread to other organs. Or the patient’s cancer may progress to a stage where it becomes untreatable.
Medical practitioners have a duty of care towards their patients. This means that they must provide the patient with adequate medical treatment. On the other hand, medical professionals are also responsible for providing a patient with the correct medical advice.
Therefore, a healthcare professional providing a patient with incorrect medical advice may be seen as negligence. If, consequently, a patient is harmed because of negligent medical advice they could be eligible to bring a claim forward for medical negligence. For example, a physiotherapist could tell a patient that it is alright to play a sport. However, taking part in the sport exacerbates the injury.
It is fair to say that not very many medical professionals set out to cause any of their patients any avoidable harm. Many doctors and nurses go into this profession as they want to help those that need medical help. Unfortunately, there are circumstances where levels of care can fall below that of a competent doctor or nurse.
Medical professionals such as doctors, nurses, dentists and others owe patients a duty of candour. A duty of candour can include the medical professional being honest and open with patients if something goes wrong. For example,
- Firstly, the medical professional should explain what has happened to the patient or a person responsible for the patient.
- Secondly, an apology should be given to the patient.
- What’s more, appropriate actions should be taken to remedy the problem. If necessary, the patient may have to go to the hospital or see a specialist.
- Finally, fully explain to the patient what the long term and short term effects may be.
In some cases, medical professionals would speak to the patient’s carer, parent, guardian or advocate. For instance, if the patient is under the age of 18.
When a patient has an operation it is vital that the standard of care is correct to avoid errors and mistakes. Unfortunately, if standards fall below that of professional levels medical errors can happen which can harm the patient.
Here are some examples of surgical negligence:
- Wrong-site surgery, which is when a surgeon operates on the wrong part of a patient’s body.
- A surgeon amputates the wrong hand, foot or limb.
- The surgeon performs the wrong operation on a patient.
- A surgeon leaves a foreign body inside a patient, such as a piece of medical equipment.
- The anaesthetist makes an error, which can be fatal.
- The patient suffers unnecessary tissue damage. For example, a surgeon cuts through a nerve, which reduced the patient’s mobility.
Have you been harmed by negligence in surgery? Or have you been injured by any other type of medical negligence? Then you may be eligible to claim compensation for your injuries. To begin your compensation claim, contact Medical Negligence Assist today. We can assign a skilled medical negligence solicitor to start working on your claim to see if you are owed compensation.
Is there a medical negligence claims time limit in the UK? Yes, there is a three-year time limit for starting a medical negligence compensation claim. The time limit begins the day that the medical negligence incident took place. Or the time limit begins on the date of knowledge. The date of knowledge is the date that the patient realises that they have been harmed because of medical negligence. This might be relevant if you had a complicated diagnosis.
Are there any exceptions to the three years medical negligence claims time limit rule? Yes. If a child is under 18, they cannot claim medical negligence compensation for themselves. Therefore they can claim compensation for their injuries after their 18th birthday. So the three years claims time limit will begin the day they turn 18.
Can you claim compensation on behalf of someone else? Yes, children under the age of 18 cannot claim compensation for themselves. A parent or guardian can act as a litigation friend and claim compensation on the child’s behalf. Until the child is 18 years of age, their compensation payout will be held in trust for them.
Similarly, a person who is mentally incapacitated cannot claim compensation for themselves. For instance, if the person has dementia. Therefore a next of kin relative can claim on the injured person’s behalf. The money will go towards caring for the injured person if the compensation claim is successful.
How is compensation in medical negligence cases calculated? As part of your medical negligence claim, you will attend an assessment by an independent medical expert. The physician will produce a medical report.
Your medical report will be used to determine how much your suffering comes from your illnesses or injury and how much was caused by medical negligence. You can only claim for the pain and suffering caused by medical negligence not what is caused by the original condition.
Compensation in medical negligence cases is valued by using your medical report. However, you can estimate approximately how much compensation you could receive using our medical negligence compensation calculator table. The compensation amounts in this calculator are based on guidelines from the Judicial College (JC). Compensation is split into two main Heads of Loss; general damages and special damages. General damages as you can see in the table cover pain and suffering. Special damages are awarded for financial losses and expenses.
|Injury And Severity||Injury Notes||Compensation Estimate|
|Very Severe Brain Damage||Compensation may depend on factors such as; what insight the victims has into their condition, how long they are expected to live, physical limits on what they can do.||£264,650 to £379,100|
|Moderately Severe Brain Damage||The compensation awarded is based on he effect the injury had on their senses. Additional factors which may be taken into consideration include whether and how well the claimant can communicate.||£205,580 to £264,650|
|Moderate (i) Brain Damage||The person affected should be less dependent on others than those above.||£140,870 to £205,580|
|Less Severe Brain Damage||Injuries are less severe, though not all function may be regained to full capacity by the victim.||£14,380 to £40,410|
|Wrist Injury (A)||An arthrodesis will have been carried out, though all useful function in the wrist may have been lost.||£44,690 to £56,180|
|Wrist Injury (B)||The victim will have suffered a permanent form of disability in the wrist joint. This may be a significant level of disability.||£22,990 to £36,770|
|Wrist Injury (C)||There may be some degree of disability, however this will be lesser than the categories above.||£11,820 to £22,990|
|Moderate Injuries to the Pelvis and Hips (i)||Cases where a claimant has suffered a significant hip or pelvic injury.||£24,950 to £36,770|
|Moderate Knee Injuries (i)||This may present in various ways, such as torn cartilage, a dislocated joint or a torn meniscus.||£13,920 to £24,580|
What Special Damages Could You Claim?
Compensation in medical negligence cases is paid out in two parts. The first part is general damages. This is compensation for the physical pain and suffering caused by the injuries. The second part is special damages, which will reimburse you for any expenses incurred.
Your special damages payout can cover the following:
- Medical expenses
- Care expenses
- Mobility equipment expenses
- Funds For adapting your home or car
- Loss of earnings
- Travel expenses
With a No Win No Fee solicitor, you will not have to pay an upfront solicitors fee. Instead, your medical negligence solicitor will start working on your compensation claim once you sign a Conditional Fee Agreement. The Conditional Fee Agreement will state on what conditions the solicitor will receive their fees. On the condition that your medical negligence claim is successful, you will pay a success fee.
Your solicitor will deduct your success fee from your compensation payout at a called rate. Therefore No Win No Fee solicitors are the more affordable option for many people.
To learn more about making a No Win No Fee medical negligence claim, contact Medical Negligence Assist today.
Contact Medical Negligence Assist Today
- Call us on 0800 652 3087
- Would you please use our online claims form
- Or use our Live Support widget to ask an advisor a question right now.
You can find further medical negligence statistics here.
We hope that this medical negligence compensation calculator guide has been helpful. You may want to read more about claiming compensation for medical negligence.
Medical Negligence Time Limit – advice on time limits for making a medical negligence claim.
Cerebral Palsy Negligence Claim – a guide to making a medical negligence claim for cerebral palsy.
Misdiagnosis Negligence Compensation Claim – how to claim compensation if your medical condition was misdiagnosed.
An NHS guide to the symptoms and treatment of cancer.
A guide to treating broken bones from the NHS.
A Citizen’s Advice guide to claiming compensation for NHS negligence.
Let’s answer some frequently asked questions about making a clinical negligence claim.
How long do medical negligence claims take?
A medical negligence claim can take just a few months to settle. However, if the clinical negligence case is complex and has to go to court, it can take much longer.
Could you claim for fatal medical negligence?
What can you do in the tragic instance that you’re next of kin relative died due to medical negligence? You can make a compensation claim on their behalf. Our medical negligence compensation calculator has information about claiming compensation for wrongful death.
Could you claim for the loss of care or dependency?
Yes. You can claim compensation for a loss of care or dependency if you are dependant on another person.
Thank you for using our medical negligence compensation calculator guide.
Guide by Hana
Edited by LisM.