We trust that the doctors who treat us will use their knowledge, experience, and training to provide us with the correct standard of care. In most cases, patients get the treatment they need and expect. Unfortunately, care doesn’t always meet expected professional standards. If this has been your experience and you’ve been avoidably harmed, you may find yourself asking, ‘How much compensation can I sue a doctor for?’
Key Takeaways
- NHS Resolution resolved 13,382 medical negligence claims between 2023 and 2024.
- Doctors may act negligently if they ignore a patient’s symptoms, misread scans, or fail to make specialist referrals where appropriate.
- You can claim for doctor negligence as either a private or a public patient.
- Making a claim won’t affect your treatment or require you to move to another GP surgery.
- Our panel of medical negligence solicitors have handled doctor compensation claims across the country.
Our advisors work 24/7 to help claimants get started, and they will be happy to explain the steps involved in pursuing clinical negligence compensation. They can also take the time to provide you with a free consultation to determine if you could make a No Win No Fee claim with a specialist solicitor from our panel.
We are here to help you
Here at HowMuchCompensation.co.uk our expert advisors are on hand 24 hours a day 7 days a week to assess your compensation claim. Should you require free legal advice we can connect you to a specialist solicitor.
Jump To A Section
- How Much Compensation Can I Sue A Doctor For?
- What Damages Can Doctor Negligence Compensation Cover?
- Can I Sue A Doctor For Medical Negligence?
- What Are Some Examples Of Doctor Negligence Compensation Claims?
- What Do I Need When Suing A Doctor For Compensation?
- Get Help Suing A Doctor From How Much Compensation
- More Information
How Much Compensation Can I Sue A Doctor For?
When considering the question of ‘How much compensation can I sue a doctor for?’, the answer lies in the extent of the unnecessary harm you suffered and the associated financial impact. In successful medical negligence claims, general damages are always awarded. This part of a compensation claim values the suffering and pain you have gone through.
Legal professionals may read the Judicial College Guidelines (JCG) when assessing general damages, as this document pairs suggested brackets of compensation with varied severities of harm. Some of these brackets have been included in the following table.
While reading the table, it is essential to consider that none of the brackets used offer any guarantee of compensation. No medical negligence claim is exactly the same, which is why our panel of solicitors always take the time to understand the nature of each case.
Please note that the top row was not taken from the JCG.
| Severity and Type of Harm | Compensation Guidelines Bracket | Notes |
|---|---|---|
| Multiple types of very severe harm and with related costs incurred | Up to £1,000,000+ | Costs may be privately funded medical treatment, travel to medical appointments, and home adjustments |
| Brain/head (a); very severe | £344,150 to £493,000 | May be able to follow basic commands to a certain extent and recover eye opening |
| Bowels (b); total loss of natural function | Up to £183,190 | There will be a dependency on a colostomy |
| Reproductive system (male) (b); complete impotence/sterility/sexual function loss | £140,220 £181,020 | Factors impacting the payout include age and the extent of scarring |
| Reproductive system (female) (d); infertility without sexual dysfunction | £21,920 to £44,840 | Claimant will already have children, and there will be no medical complications |
| Leg amputations (c); above-knee amputation of 1 leg | £127,930 to £167,760 | Compensation will be affected by phantom pain severity and associated psychological issues |
| Arm amputations (b); loss of 1 arm (i) | Not less than £167,380 | The arm has been amputated at the shoulder |
| Bladder (c); seriously impaired control | £78,080 to £97,540 | Some degree of incontinence and pain |
| Kidney (b); Significant risk of total function loss | Up to £78,080 | This significant risk encompasses a future urinary tract infection |
| Chest (c); damage to lungs and chest | £38,210 to £66,920 | This damage will cause some degree of ongoing disability |
What Factors Will Determine The Amount Of Compensation I Get?
Various factors will determine the amount of compensation you may get, including the nature of the harm itself and how it affects your day-to-day life. Legal professionals will consider:
- The severity and nature of the harm
- Your prognosis and the time it might take for you to recover (if possible) fully
- Whether there are mobility problems or other long-term issues
- How your quality of life and employment prospects have been affected
If you would like a more tailored discussion of these factors, you are welcome to use the free case assessment service offered by our advisors. They will discuss the specifics of what happened to you and explain whether you have grounds to make a claim with one of the medical negligence solicitors making up our panel.
What Damages Can Doctor Negligence Compensation Cover?
Doctor negligence compensation can also cover special damages if you experienced financial losses as a result of your unnecessary pain and suffering. It is only possible to claim special damages if you are able to supply evidence, such as receipts or bank statements. If this evidence is available, then you could be reimbursed for costs like the following:
- A loss of income, both current and future
- The cost of private medical treatment and prescriptions
- Travel expenses required to attend your medical appointments
- Payments for a professional carer or day-to-day support from family
- Expenses required to make your home more accessible (for example, installing a stairlift)
If you’re still not certain as to how damages are calculated, why not speak with our advisors? They have handled many similar enquiries concerning the question of ‘How much compensation can I sue a doctor for?’, so they can give you the information you need.
We are here to help you
Here at HowMuchCompensation.co.uk our expert advisors are on hand 24 hours a day 7 days a week to assess your compensation claim. Should you require free legal advice we can connect you to a specialist solicitor.
Can I Sue A Doctor For Medical Negligence?
Yes, you can sue a doctor for medical negligence if you can prove that the care they gave you fell below expected standards and caused your unnecessary suffering. All medical professionals, including doctors, are required to provide the correct standard of care when treating patients in the UK. Both individuals and medical facilities (like hospitals) must fulfil this responsibility, which is referred to as a duty of care.
The General Medical Council (GMC) aims to help doctors meet their duty of care by providing resources to keep their knowledge up to date and set standards for patient care. It is important to note that the harm you have suffered must have been avoidable. Some forms of harm are an unfortunate but necessary aspect of medical treatment.
For example, amputation often results in some level of pain, but it has likely been performed to prevent the patient’s condition from worsening. However, there are many examples of medical negligence. We’ll take a look at some in a later section to further explain what it looks like and how it might happen.
Can I Sue A Doctor In The NHS?
If your case meets the criteria we have discussed, you can sue a doctor in a claim against the NHS. That is because NHS doctors owe the same duty of care to their patients as private medical practitioners. In these cases, NHS Resolution would be responsible for managing the medical negligence claim on behalf of the relevant NHS trust.
Since this arm’s length body has its own budget for awarding compensation, any payout would not be taken out of NHS funding. That means there would be no negative effect on public healthcare services.
Am I Able To Sue A Doctor On Behalf Of A Loved One?
You may be able to sue a doctor on behalf of a loved one if they cannot claim on their own because they are too young or lack sufficient mental capacity to manage their own affairs. If this is the case for your loved one, then you can claim for them by becoming a litigation friend.
When acting on behalf of a loved one, you will need to make decisions that represent their interests. You will also need to perform other duties and liaise with the solicitor working on the case.
If you have any questions at all regarding your eligibility to claim compensation, speak with an advisor today. They can provide a detailed assessment of your case and answer any queries you have related to the question of ‘How much compensation can I sue a doctor for?’
What Are Some Examples Of Doctor Negligence Compensation Claims?
Common examples of doctor negligence include misinterpreted test results, medication mistakes, and surgical errors. Keep reading for more details of these examples:
- While being treated at hospital for abdominal pain, your doctor prescribes medication to alleviate the pain. However, they do not check your records, which would have confirmed your allergy to its ingredients. You subsequently go into anaphylactic shock.
- You visit your GP after finding a lump in your breast. The doctor misdiagnoses your condition as a benign cyst and doesn’t refer you to a specialist. This allows the cancer to spread, resulting in a mastectomy.
- A surgeon leaves a foreign instrument inside your body after performing an operation to remove your appendix. This causes an infection, and you require further surgery to remove the object.
- Your doctor mixes up your scan with that of another patient, causing them to dismiss your broken wrist as a strain injury that will heal on its own. After several months, the bone has healed incorrectly, and you require surgery to correct it.
Our examples do not cover every instance of medical negligence, so contact our advisors to discuss the specifics of your experience and see if you have a case to claim compensation.
What Do I Need When Suing A Doctor For Compensation?
When suing a doctor for compensation, you need to start gathering evidence of how the substandard care they provided caused you direct, avoidable harm. For example, you may prove medical negligence by providing copies of your patient records and the contact details of witnesses to what you experienced.
Additionally, you will need to meet the limitation period for your claim. In most cases, the claimant has 3 years from the date of treatment to start proceedings. The Limitation Act 1980 outlines this, but there are exceptions that our guide on time limits explains in depth.
Our team of advisors can also further discuss the process and how a solicitor from our panel could help you gather evidence for your case. Why not also ask them, ‘How much compensation can I sue a doctor for?’ and receive an assessment of what may influence your settlement?
Get Help Suing A Doctor From How Much Compensation
You can get help suing a doctor from How Much Compensation as soon as you reach out to our team of friendly, empathetic advisors. They can not only answer any questions you might have, but also provide a free eligibility check to see if you can proceed with your medical negligence claim on a No Win No Fee basis.
All the solicitors from our panel work via a Conditional Fee Agreement (CFA). Simply put, this would mean that you don’t pay service fees for your solicitor’s work in the following stages:
- Before the start of the claim
- While the case is underway
- If you do not receive medical negligence compensation
However, should you receive compensation, you will be required to pay a success fee. This is the percentage of compensation that you give to your solicitor. It is limited by a legally-binding cap, so you can trust that most of the compensation will stay with you.
You may wonder what other benefits come with claiming through one of the solicitors from our panel. Most importantly, our panel have a deep understanding of medical negligence claims, built through decades of combined experience in handling such cases. Their dedicated services include:
- Advising on what evidence you need and actively helping to get it
- Communicating with the defendant on your behalf
- Negotiating your settlement to reflect the impact you have suffered
- Supporting your recovery journey through a personalised care plan and by connecting you with rehabilitation specialists
Contact Our Advisors
If you are interested in claiming for medical negligence, you can contact our advisors at any time during the week. You may not have decided whether to claim yet, and that’s completely fine, as there is no expectation to start your case when enquiring. So, whether you have questions or are ready to begin your compensation journey, please get in touch today:
- Send in an online submission form.
- Call us on 0800 408 7826
- Speak directly with an advisor using the live chat in the corner
More Information
For more information on medical negligence claims, please have a look at some of our other guides:
- Visit our overview of blood clot claims
- Learn about pharmacy dispensing errors
- See if you can claim for sepsis negligence
External resources:
- Get GMC guidance on raising a concern about a doctor
- Read about the duties of medical professionals registered with the GMC
- Find out about NHS urgent and emergency care services
Thank you for reading this guide, which examines the question, ‘How much compensation can I sue a doctor for?’
