How Much Is Medical Negligence Worth?

Are you wondering ‘how much is medical negligence worth in compensation?’. If so, you might find this guide on medical negligence claims useful.

How Much Is Medical Negligence Worth?

How Much Is Medical Negligence Worth? A Guide

If you have suffered unnecessary harm due to a healthcare practitioner breaching their duty of care, you may be eligible to make a claim. In this guide, we will explain what criteria need to be met in order for a medical negligence claim to be valid. Additionally, we shall provide examples of compensation amounts you could receive for a successful claim

Alternatively, if you have specific questions that you would like answered, you can contact one of our advisors. Our friendly team is available 7 days a week to offer you free legal advice. They can also answer any of your questions concerning your potential medical negligence claim.

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A Guide On How Much Medical Negligence Is Worth

Medical negligence is when a healthcare professional, either in the public or private healthcare sector, provides you with an inadequate standard of care. However, to make a medical negligence claim, a medical professional must have caused you avoidable harm by breaching the duty of care they owe you.

All medical professionals, including doctors, nurses, and dentists, owe you a duty of care. As part of this, they must provide you with the correct standard of care. This duty also applies to various medical settings, such as hospitals, pharmacies and walk-in centres.

If you can prove that you were harmed due to a medical practitioner breaching their duty of care, you may be able to claim compensation. However, you cannot claim just because medical care caused you harm. This is because sometimes harm is necessary or unavoidable in treating your condition, for example, an operation that removes an organ but breaks the skin and leaves a scar.

Contact our advisors today for further guidance concerning  the question, ‘how much is medical negligence worth?’

Can You Take Legal Action For Medical Negligence?

As we have previously stated, in order to make a medical negligence claim, you will have to prove:

  1. A medical practitioner owed you a duty of care.
  2. This healthcare practitioner breached their duty of care.
  3. As a result of this, you suffered harm that could have been avoided if the right standard of care was provided.

Some examples of how unnecessary harm could happen in medical care include:

  • Delayed fracture diagnosis – A doctor incorrectly interprets an X-ray scan and diagnoses your wrist fracture as a sprain. This means your condition gets worse.
  • Medication error – A pharmacist provides you with the wrong medication as they took the wrong medication off of the shelf due to a lapse in judgement.
  • Misdiagnosis of cancer – You go to your doctor concerned about a lump on your breast. The doctor dismisses your concerns. Later, this lump is diagnosed as breast cancer.

If you would like more information concerning medical negligence claims, contact our advisors.

What Is NHS Resolution?

The NHS Resolution is an authority that receives sponsorship from the Department of Health and Social Care. They specialize in resolving medical negligence claims, disputes, and concerns within the NHS fairly.

Within the NHS Resolution Annual report for 2021/22 they state that their goals for that year were:

  • Resolve any disputes and concerns fairly.
  • Provide expert knowledge and analysis to drive improvement.
  • Deliver interventions that save money and improve safety.
  • Develop relationships, people, and infrastructure.

Contact our advisors today for information about how much medical negligence is worth in compensation.

The Largest Medical Negligence Payouts In The UK

If you are wondering ‘how much is medical negligence worth?’ below we have included an example of one of the largest potential clinical negligence claims payouts in the UK.

£24 Million Compensation For Hospital Negligence.

In June 2010, a serious medical error at Great Ormond Street Hospital for Children resulted in a ten-year-old girl suffering permanent brain damage. A healthcare professional accidentally injected glue into the girl’s brain during an operation when he thought the syringe contained dye. As a result of this, she suffers from permanent brain damage and relies on constant care from her family.

The High Court in London ruled that the claimant will receive an initial compensation payment of £2.8million, plus additional payments of £383,000 every year until she is 19. After she turns 19, this amount will then rise to £423,000 per year until she dies. If she lives to the age of 64 (which is her projected life expectancy according to an expert hired by the family), in total, she will have been paid around £24.2million in compensation.

Source: https://www.theguardian.com/society/2014/jan/27/nhs-24m-bill-glue-injected-girls-brain-great-ormond-street

Contact our advisors today for more information about medical negligence compensation.

Medical Negligence Claims Time Limits

When making a medical negligence claim in the UK, you need to start a claim within a specified time limit. Generally, these time limits are:

  • 3 years from the date that medical negligence occurred; or
  • 3 years from the date that you connected that the harm you suffered was caused by medical negligence

However, there are some exceptions to these time limits, such as:

  • If someone lacks the mental capacity to make a claim, the time limit will be suspended. They will have 3 years to claim if they regain their mental capacity.
  • Minors will have 3 years to start a claim once they turn 18.

However, a court-appointed litigation friend could make a claim on behalf of someone who can’t pursue their own claim. A litigation friend could potentially be a parent, sibling, or friend. They can claim at any point while they are unable to claim themselves, as the time limit is suspended.

Call our advisors today to find out whether you are still within the time limit to make your medical negligence claim. They can also advise you on how much medical negligence can be worth in compensation.

Calculate How Much Your Medical Negligence Claim Is Worth

If you have been harmed unnecessarily due to medical negligence, you might be able to make a claim for compensation. Following a successful claim, you will receive a head of claim called general damages.

General damages will compensate you for the pain and suffering caused by medical negligence. Providing a copy of your medical records could potentially help support your claim.

To help you answer the question ‘how much is medical negligence worth in general damages?’ we have created the following table. We have used the compensation brackets listed within the most recent edition of the Judicial College Guidelines (JCG) when creating this table; the JCG was last updated in April 2022. This is because medical negligence solicitors can use this document to help them value claims.

InjuryNotesAmount
Kidney(a) Both kidneys have either been lost or seriously and permanently damaged.£169,400 to £210,400
Kidney(b) A significant risk of losing the kidney's natural function or of developing a urinary tract infection.Up to £63,980
Deafness/Tinnitus(a) Total deafness at an early age, potentially due to a rubella infection. This could impact the development of speech.£109,650 to £140,660
Bladder(b) The bladders natural control and function is completely lost.Up to £140,660
Lung Disease(b) Lung cancer that causes serious pain and affects the person's quality of life.£70,030 to £97,330
Lung Disease(e) Wheezing and bronchitis. However, social and working life won't be majorly affected.£20,800 to £31,310
Bowels(d) Impaired bowel function due to a severe abdominal injury. This may require a temporary colostomy which could leave disfiguring scars.£44,590 to £69,730
Digestive System(a)(i) Continuing discomfort and pain due to serious damage to the digestive system,£43,010 to £61,910
Spleen(a) Due to the immune system being damaged following the loss of the spleen, there is a risk of internal infections,£20,800 to £26, 290
Injuries Affecting Sight(g) Permanent impairment of vision in both eyes or just one. The person may also be sensitive to bright lights.£9,110 to £20,980

Please be aware that the amount of compensation you receive may vary depending on the specifics of your case. For further guidance regarding medical negligence compensation, contact our advisors.

Can You Claim Special Damages Compensation?

Your settlement may also include special damages. They compensate you for any financial losses and expenses caused by medical negligence.

Some of the things that special damages could compensate you for include:

  • Loss of income.
  • Mobility equipment expenses.
  • Care and physiotherapy expenses.

To support your claim for special damages to be successful, you could provide evidence of these financial losses, e.g. bank statements and receipts.

For an answer to the question, ‘how much is medical negligence worth?’ contact our advisors today.

No Win No Fee Medical Negligence Compensation

An experienced medical negligence solicitor from our panel might be able to represent you in your claim with a No Win No Fee agreement. Generally, with a No Win No Fee agreement, you will not have to pay anything to your solicitor upfront for them to start working on your claim.

Additionally, you will not usually be required to pay them for their services if the claim fails.  However, you will pay them a legally capped success fee if they win your claim. This amount will be deducted from your compensation.

You may be offered a Conditional Fee Agreement (CFA); a CFA is a type of No Win No Fee agreement. Contact our advisors today as they can help answer the question, ‘how much is medical negligence worth in compensation?’.

How Could Medical Negligence Assist Help You?

If you still have any questions such as ‘how much is medical negligence worth in compensation?’ you can contact our advisors today. Our friendly team can offer you free legal advice 24/7. They can also answer any questions you may have concerning your specific medical negligence claim.

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Helpful Links To See How Much Is Medical Negligence Worth?

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FAQs About How Much Is Medical Negligence Worth

Do medical negligence claims go to court?

Not all medical negligence claims will go to court. Some may be settled without the need for it to progress to court.

Can I sue the NHS for neglect?

You may be able to make a compensation claim if you can prove that a healthcare professional caused you avoidable harm because they breached their duty of care towards you.

Could I get an interim payout?

An interim payout is a payment for an immediate need. It is an advanced sum of money paid to the claimant that will be deducted from their compensation at the end of a successful claim. In certain circumstances, you may be eligible for an interim payout.

Contact our advisors today if you are still wondering ‘how much is medical negligence worth?’.

Guide by Megan

Edited by Fern