When visiting a doctor or a hospital, you expect to receive a good standard of medical care. Most times, that’s exactly what you’ll get.
Occasionally, however, things go wrong and the care you receive may fall below the standard you expect and deserve. Where this results in injury, or makes an existing condition worse, you may have a claim for medical negligence compensation against the person who provided the substandard care. This usually is the NHS.
Since taking legal action can be stressful and time-consuming, one of the first things people want to know is, will the effort be worth it? How much compensation will I receive?
Let’s take a closer look at how medical negligence compensation is calculated in England and Wales.
Typical medical negligence payouts
Medical negligence compensation is intended to get you back to the quality of life you enjoyed before you suffered the medical mistake. The amount will not be exactly the same between patients because the impact of the injury will be unique to each patient. Paralysis caused by botched surgery will have a far greater impact on the life of an 8 year old than an 80 year old, for example.
Since there are so many variations, compensation for medical negligence can range anywhere from £2,000 or £3,000 up to many millions of pounds for the most serious injuries. Recently, the family of a severely brain-damaged child was awarded £37 million in one of the largest maternity negligence cases the NHS has ever seen.
How is medical negligence compensation calculated?
Medical negligence compensation is split into two parts, and most people will receive a payout under each part.
General damages are awarded for the pain, suffering and lessened quality of life you’ve experienced as a result of the injury. The amounts are laid out in a set of court guidelines, with less serious cases receiving a smaller payout because the injury was relatively minor, while more serious cases that involve life-altering consequences receiving far larger compensation payouts.
To put that into context, a moderate ankle injury might be awarded general damages between £11,000 and £22,000 whereas severe, permanent brain damage will have a compensation value in the region of £227,000 – £344,000.
Special damages cover the financial losses you’ve incurred as a result of the medical negligence. They can include:
- Loss of earnings
- Medical expenses
- The cost of any rehabilitation, therapies or equipment you may need
- The cost of adapting your home
- Professional care costs, for example, if you need the assistance of a carer or a cleaner
- The value of care provided to you by relatives and friends
- Travel expenses to and from your medical appointments
Unlike general damages, special damages is a calculation of your actual out-of-pocket expenses. It takes into consideration all the expenses you were forced to incur as a result of the medical negligence. It also takes into consideration the future costs of medical care and future loss of income if you are no longer able to work, or can only work in a reduced capacity.
For most people, special damages make up the biggest part of their claim. If you have more queries surrounding general vs special damages and how much compensation you may receive, these medical negligence FAQs may help.
Why should I make a medical negligence claim?
As a victim of clinical negligence, you have the legal right to compensation for your injuries. Making a claim can help you get the answers you are looking for, as well as reduce the risk of the same thing happening to someone else. For many medical negligence claimants, their priority is not so much financial compensation but wanting lessons to be learnt.
The compensation you’re awarded can help support your recovery. It can pay for any equipment you may need, such as walking aids or home adaptations.You deserve to not have to worry about paying the bills at this time – compensation can let you focus on getting back
