Have you sustained avoidable harm because of a medical professional breaching their duty of care? If so, this may constitute medical negligence for which you could seek compensation. This guide explores the question, “How much compensation for a medical negligence claim could I be awarded?”. We look at the factors considered when settlements are calculated and what a payout awarded following a successful claim could include.
Additionally, we discuss when you could potentially be eligible to make a medical negligence claim by looking at the criteria that need to be met and the time limit that must be adhered to.
Then, we list some examples of how a medical professional could act negligently and what evidence you need to prove that negligent actions by a medical professional caused you to suffer harm that could have been avoided (avoidable harm).
Towards the end of this guide, you can discover how our panel of specialist medical negligence solicitors can assist you in claiming compensation on a No Win No Fee basis if your medical negligence claim is valid.
To discuss your specific case, please speak with our team. You can contact them at any time for free through one of these methods:
- Call 0800 408 7826 to speak with an advisor.
- Send off your information by filling out our ‘Contact Us‘ form and an advisor can get in touch with you.
- Message in the live chat box at the bottom of this page.
Jump To A Section
- How Much Compensation For A Medical Negligence Claim?
- When Can You Claim For Medical Negligence?
- Examples Of Medical Negligence
- What Evidence Could Help You In Medical Negligence Claims?
- Claim Compensation For Medical Negligence On A No Win No Fee Basis
- More Useful Resources About Compensation Claims
How Much Compensation For A Medical Negligence Claim?
If you make a successful medical negligence claim, there could be up to two heads of loss that make up the awarded settlement. These are general and special damages which each address the different ways that you may have been affected by medical negligence.
General damages, the first head of loss, compensates you for the pain and suffering you have suffered due to clinical negligence. The following are some of the factors that are considered when determining the value of this head:
- The impact on your quality of life overall.
- How long the recovery time is and what type of treatment is needed.
- How severe the avoidable harm suffered is.
Additionally, to help value general damages, reference can be made to different resources. Firstly, as part of the claims process, you might need to attend an independent medical assessment which can generate a medical report detailing the full extent of medical negligence. This report can then be used alongside the Judicial College Guidelines (JCG) which contains a list of physical and psychiatric injuries and illnesses with guideline compensation brackets for each.
Compensation Table
In the compensation table below, we have used figures from the JCG except for the first entry. However, you should use the figures as a guide only because settlements vary on a case-by-case basis. This also makes it difficult to provide an average payout for medical negligence claims as the unique factors and circumstances of your case will influence what compensation amount you’re awarded.
| Type of Harm | Severity | Guideline Award Brackets | Comments |
|---|---|---|---|
| Multiple serious injuries/illnesses and monetary losses | Serious | Up to £1,000,000+ | An award for sustaining multiple serious injuries/illnesses and the money that has been lost because of each. For example, medical costs or lost wages. |
| Brain damage | Very severe (a) | £282,010 to £403,990 | Cases included within this bracket include quadriplegic cerebral palsy leading to severe cognitive and physical disabilities. |
| Moderate (c) (iii) | £43,060 to £90,720 | Memory and concentration are affected and the ability to work is reduced. | |
| Kidney | Serious and permanent damage or loss (a) | £169,400 to £210,400 | To both kidneys. |
| Significant (b) | Up to £63,980 | There is a significant future risk of urinary tract infection or other complete loss of the kidney's natural function. | |
| Bowels | Double incontinence (a) | Up to £184,200 | Complete loss of natural bowel function and total loss of urinary control and function. There will also be other medical complications. |
| Complete loss of natural function (b) | Up to £150,110 | Depending on the age of the injured person, they may also need a colostomy. | |
| Lung | Serious disability (a) | £100,670 to £135,920 | There is a probability of the condition progressively worsening leading to an early death. |
| Lung cancer (b) | £70,030 to £97,330 | Severe pain alongside function impairment and an affect on the person's quality of life. |
What Special Damages Can Make Up Your Medical Negligence Compensation?
Special damages, the second head of loss, compensates you for the financial losses caused due to medical negligence. This can include:
- Costs for home or car adaptations.
- Travel expenses.
- Loss of income. This includes both past and future losses.
- Care and medical expenses.
You can only receive special damages if you have also been awarded general damages. So, it is important to obtain evidence of the financial effects you’ve suffered. Evidence can include, receipts, invoices, bank statements, or payslips.
You can speak with our team for more information about how much compensation for a medical negligence claim you could potentially receive if your case is successful.
When Can You Claim For Medical Negligence?
All medical professionals, including doctors, nurses, and surgeons, owe a duty of care to their patients to deliver the correct standard of care. If there is a breach of duty, it could lead to a patient suffering avoidable harm which could constitute medical negligence, also called clinical negligence.
The ways in which they are expected to uphold this duty can differ depending on the field of medicine they specialise in. For example, the Royal College of Nursing provides guidance on the duty of care a nurse owes, whilst the General Medical Council (GMC) provides guidance on the professional standards for doctors and how they must act.
The clinical negligence claims eligibility criteria that need to be met in order for you to have valid grounds to proceed with your case are:
- You were owed a duty of care by a medical professional.
- They provided substandard care constituting a breach of duty.
- You experienced unnecessary or avoidable harm due to the breach.
If you can prove the above criteria, you may be able to claim compensation. Discuss your particular case with our team of advisors today. They can confirm the eligibility of your medical negligence claim and tell you how much clinical negligence compensation could potentially be owed.
Is There A Time Limit When Making A Claim For Medical Negligence?
As mentioned, if you’ve suffered avoidable harm due to a medical professional breaching their duty of care, you may be able to claim medical negligence compensation. However, for your potential claim to still be valid, you have to begin legal proceedings within the relevant time frame.
As the Limitation Act 1980 states, you typically have 3 years to start your claim. This can run either from the date that medical negligence occurred, or the date you became aware that medical negligence occurred.
However, exceptions to this time limit may apply, such as if the person claiming is under 18, or if they have a reduced mental capacity to pursue a claim themselves.
If you have any questions about the time limit and its exceptions, get in touch with our team. They can provide further guidance on how long you have to claim medical negligence compensation.
Examples Of Medical Negligence
Here are a few examples of potential medical negligence cases:
- Medication errors or prescription errors. For example, your GP prescribed you a medication that you had a known allergy to, such as penicillin, because they failed to check with you and look at your medical records. From this, you suffer a bad allergic reaction and anaphylaxis leading to moderate brain damage.
- Misdiagnosis. For example, a doctor failed to recognise symptoms of cancer and did not refer you for any further testing. Therefore, your condition worsens and the cancer spreads to other organs, meaning you require more extensive treatment than you should have.
- Birth injuries. For example, the midwife uses forceps incorrectly while delivering your baby. The incorrect use of forceps can lead to your baby suffering serious brain damage, causing cerebral palsy.
Contact us if you have evidence of medical negligence occurring. Our team can provide you with guidance about what your next steps should be. They can also provide information on how much compensation for a medical negligence claim could be awarded.
What Evidence Could Help You In Medical Negligence Claims?
During a medical negligence case, providing evidence is important to show you suffered avoidable harm due to a medical professional breaching their duty of care. As such, you might benefit from taking steps to gather evidence including:
- Keep a diary of your symptoms, both physical and psychiatric, and medical treatment.
- Ask for copies of your medical records, such as doctor notes as well as copies of prescriptions, scans, test results, diagnosis letters and treatment plans.
- Pictures of any visible harm.
- If someone was there with you during your medical appointments (such as a family member or friend), collect their contact details. They could provide a witness statement during the claims process.
If one of the expert medical negligence solicitors from our panel is instructed to work with you on your case, they can help you collect evidence and build your case as part of the services they offer. They can also ensure your case is brought forward within the relevant time frame.
Find out whether they can represent your claim by calling the number above.
Claim Compensation For Medical Negligence On A No Win No Fee Basis
If your clinical negligence claim is eligible and our advisors connect you to our panel of medical negligence solicitors today, you could be represented under a Conditional Fee Agreement (CFA). This is a particular kind of No Win No Fee contract.
By instructing a solicitor to represent your compensation claim under a CFA, you will benefit by not paying any fees for your solicitor’s services before the claims process begins, as it proceeds, or if your case fails.
Following the completion of a successful claim, a success fee will be taken from your compensation. Your solicitor will take this as a percentage which has a cap placed on it by the law. Due to the cap, you can receive and keep the most of the settlement awarded to you.
Contact Us
To confirm whether you have the grounds to make a medical negligence claim and potentially claim compensation on a No Win No Fee basis, contact us.
Alternatively, an advisor can help provide further guidance on the question ‘How much compensation for a medical negligence claim could I be awarded?’ and the steps you can take to potentially secure a settlement.
To reach out, you can:
- Call 0800 408 7826.
- Contact us online.
- Message in the live chat box at the bottom of this page.
More Useful Resources About Compensation Claims
We also have some helpful guides relating to personal injury claims:
- Find out how to claim compensation for a facial scar injury and how much could potentially be awarded.
- A general guide on personal injury claims including when you could be eligible to seek compensation.
- Read about back injury claims and how much compensation could be awarded for this type of injury.
External useful resources:
- See if you’re eligible to claim Statutory Sick Pay (SSP) with this guide from GOV.UK.
- Information on good medical practice from the GMC.
- Helpful annual statistics from NHS Resolution.
We hope this guide exploring the question, “How much compensation for a medical negligence claim could I receive?” has helped. However, if you need any further information, please get in touch using the contact details provided above.