Where a claim for medical negligence, also called clinical negligence can be established, the injured person, known as the claimant, is entitled to financial compensation often referred to as damages.
As well as financial compensation you may wish to have an apology or reassurance that the hospital or treating health professional will learn from mistakes so that it will not happen to someone else.
How is a claim for medical negligence calculated?
The purpose of the damages is to compensate for the injuries sustained and recover any financial loss you have incurred.
The amount of compensation for clinical negligence will vary depending on the personal circumstances of the injury and the financial losses.
In order to value a claim expert evidence is usually obtained to establish what injuries have been sustained as a result of the negligence and how those injuries have affected you physically and mentally.
What are General damages and Special damages in a medical negligence claim?
Damages are divided into two separate headings; General damages and Special damages.
General damages is pain, suffering and loss of amenity. Loss of amenity is an inability to perform functions or tasks that you used to do before the incident. As an example; this might include that you are unable to walk without pain which only occurred after the incident.
Lawyers will rely on various references to value your claim. This includes the Judicial College Guidelines (JCG) which sets out the level of compensation for particular injuries and case law where awards have been made by the courts in similar cases.
By way of example, the current JCG guidelines range from a few hundred pounds to £650 where minor injuries that have resolved within 28 days occur and £379,100 where a young claimant has been paralyzed, or has a significant brain injury and is fully dependent on others for care and bodily functions.
Special damages are both past losses and future losses which can be calculated. This would include payment for things such as loss of earnings, medical care, private medical costs, transport costs, prescription costs or other expenses which are directly related to the injuries suffered. This would include care that has been provided by professionals or help from family such as cooking, cleaning and gardening.
It is helpful to keep a diary of your injuries and how they have affected you, this may include symptoms and events that occur, any medicine administered or treatment you received such as physiotherapy.
You should keep receipts relating to any expenses for example treatment costs and travel. Clinical Negligence claims can take many years to settle and so keeping a diary and the documents will help you to remember and will support your financial claim.
If you have received any state benefit as a result of your injuries this may be deducted from your damages by the Compensation Recovery Unit (CRU) when your claim settles.
How much will I receive for my clinical negligence claim?
How much compensation you will receive will depend on the individual circumstances, each case falls on its own facts.
Examples:-
- Birth Injuries resulting in hypoxia causing cerebral palsy where a child requires 24 hour medical care can settle for many millions of pounds, depending on the level of resulting injury, care required and financial loss incurred.
- A claim where there is a failure to diagnose and treat sepsis or infection can settle between for many thousands of pounds or more depending on the level of resulting injury, care required and financial loss incurred.
Can I claim for clinical negligence where the patient has died?
Where someone dies as a result of clinical negligence different rules apply. The Fatal Accidents Act sets out who can claim and the amount that is awarded for bereavement. Other damages may also be awarded depending on the circumstances. Often complex calculations are involved.
In Fatal Claims, damages include general damages as above; however, special damages are slightly different. The funeral expenses can be claimed on behalf of the Estate along with any past losses. The future losses are claimed by any dependents of the deceased in respect of any loss of dependency on services or income.
When can I get treatment for my medical negligence claim?
Medical negligence claims can take some time to settle, but it is important to get treatment as soon as possible for the best outcome. We can help you obtain the treatment and the funding you need so you can concentrate on getting better.
Do I need a solicitor for my medical negligence claim?
The legal process for making a claim for medical negligence is complicated and it is recommended that you seek advice from a specialist in clinical negligence who is accredited by the Solicitors Regulation Authority for Clinical Negligence.
As a victim of medical negligence, dealing with the injuries and consequences can be devastating. If you or someone close to you has suffered medical negligence, we understand that you may need emotional support in addition to legal representation. We recognise the person behind the claim. Our expert team at Prosperity Law use a practical, open approach and we are proud of our culture that supports our clients.
If you are suffering as a result of medical negligence, Prosperity Law are accredited by the Solicitors Regulation Authority for Clinical Negligence and our specialist solicitors can help you with your claim.
Prosperity Law offer a free initial consultation and ‘no win no fee’ funding arrangements. Please get in touch with Head of Clinical Negligence, Jane Lynch on jane@prosperitylaw.com to discuss your case and our team will be more than happy to help you. Or, download our free guide to making a claim here.
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