If you’re wondering “how much compensation for medical negligence could I receive?”, then this guide can help you. After suffering unnecessary or avoidable harm because a medical professional didn’t provide you with the correct standard of care, you may be eligible to pursue a medical negligence claim. This article will outline the eligibility criteria that must be met to receive compensation, and the settlement you could be awarded should your claim succeed.
We will also provide you with further information about how to go about making a claim, including the time limit that needs to be adhered to and how a solicitor could assist you.
If you wish to see if you potentially have a valid medical negligence claim, please contact one of our advisors. You could be connected to our panel of No Win No Fee solicitors. To get in touch, you can:
Jump To A Section
- How Much Compensation For Medical Negligence Could I Receive?
- When Are You Eligible To Make A Medical Negligence Claim?
- Is There A Medical Negligence Claim Time Limit?
- Make A No Win No Fee Medical Negligence Claim
- Learn More About Claiming Medical Negligence Compensation
If you can prove that you experienced harm as a result of medical negligence, then you could be able to make a claim. After a successful claim, compensation can be awarded to address the way you have been affected. The aim of compensation is to restore you to the position you were in before you were harmed, as much as possible.
However, when answering questions like “how much compensation for medical negligence could be awarded?”, its important to remember that different factors can be considered. For example, the severity of the harm you sustained and the impact it has had on your quality of life will be factored in when determining your compensation value.
If your medical negligence claim is successful, you could be awarded a settlement that consists of two heads of loss. General damages aim to compensate for the pain and suffering that has been endured as a result of the medical negligence.
We have put together a table below using guideline award brackets from the Judicial College Guidelines (JCG). This is widely used by legal professionals, such as medical negligence solicitors, to assist them in valuing the general damages portion of claims.
Please note, these figures are only a guideline and are not guaranteed.
|Type of Harm
|Award Brackets - Guidelines
|Cases where both kidneys have experienced serious and permanent damage or they have both been lost.
|£169,400 to £210,400
|One kidney is lost while the other is not damaged.
|£30,770 to £44,880
|This bracket includes cases that involve total loss of natural bowel function and urinary function and control alongside other medical complications.
|Up to £184,200
|After surgery there is faecal urgency and incontinence that results in embarrassment and distress. This is typically following an injury after giving birth.
|In the region of £79,920
|Reproductive System: Female (a)
|Infertility either caused by injury or disease. Alongside this there is sexual dysfunction, severe psychological issues, pain and scarring.
|£114,900 to £170,280
|Total loss of reproductive organs.
|In excess of £153,870
|A complete loss of bladder function along with the loss of control.
|Up to £140,660
|Despite some fairly long-term interference with natural function, there is an almost complete recovery.
|£23,410 to £31,310
|Complete loss of spleen with an ongoing risk of infection due to the damage caused to the immune system.
|£20,800 to £26,290
|The risks mentioned in the above bracket are minimal or not present at all.
|£4,350 to £8,640
Special Damages In A Medical Negligence Case
Special damages work to reimburse you for any past or future financial costs or losses that you have experienced due to medical negligence. These could include:
- Travel expenses
- Medical or care costs
- Loss of income
- House or car adjustments
Obtaining evidence to prove that these losses occurred is important. Evidence could include payslips and proof of purchase such as receipts.
If you require assistance with obtaining this evidence, please don’t hesitate to get in touch. An advisor can also estimate the value of your claim for free.
The criteria that need to be met in order for you to have valid grounds to make a medical negligence claim are:
- You can show that a medical professional owed you a duty of care.
- They breached the duty of care they owed you.
- As a result of the breach, you endured avoidable or unnecessary harm caused by the breach.
The duty of care that medical professionals owe in a medical setting is to provide all patients with the correct standard of care. There are several ways they could fail to provide care that meets this standard. For example:
- Medical misdiagnosis – Your GP may fail to properly listen to your symptoms and misdiagnoses you with the wrong condition. As a result, your condition worsens and you experience complications from receiving the wrong treatment.
- Birth injury- Your midwife may fail to use forceps correctly causing your baby a serious head injury leading to cerebral palsy.
- Medication error- A GP could prescribe you with the wrong medication or the incorrect dosage which could cause you to experience unpleasant side effects.
To discuss your specific case to see if you’re eligible to claim and find out “how much compensation for medical negligence you could potentially receive?”, please contact our advisors for free.
If you have experienced avoidable harm due to a breach of a medical professionals duty of care, then you could be eligible to make a medical negligence claim. This type of claim must be started within three years from the date of the medical negligence, according to the Limitation Act 1980. However, the general three year time limit could also start from the date you became aware of the medical negligence.
However, exceptions can apply in certain circumstances. These exceptions include where the person:
- Has a reduced mental capacity – If a person lacks the mental capacity to pursue a claim for themselves, the time limit is paused indefinitely. While this pause is in place, a litigation friend could be appointed who could act in the best interests of the claimant. If the person recovers their capacity to claim, and no claim has been made on their behalf, they have three years from the date they recover to do so themselves.
- Is under 18 – If the injured party is under eighteen years old, the claims time limit will pause and recommence from the date of their eighteenth birthday. They will then have three years from this date to start a claim. Alternatively, a court-appointed litigation friend can claim on their behalf while the time limit is paused.
For further guidance on the time limits for medical negligence claims, call our team on the number above.
A No Win No Fee agreement is a way of accessing the services of a solicitor when making a medical negligence claim. There are different types including a Conditional Fee Agreement (CFA). The benefits of instructing a No Win No Fee solicitor offering a CFA can typically include:
- You don’t have to pay your solicitor an upfront fee for them to start working on your case.
- There are no costs to pay for the solicitor’s services while the claim is ongoing.
- You are not permitted to cover fees for the work your solicitor has done on your case if it doesn’t win.
Alternatively, if the case does win, your solicitor will be paid a success fee. This means they will receive a percentage of the awarded compensation, which will be capped by law. This partially acts as the payment for the work they have completed on your case.
To see if you have the grounds to start a medical negligence claim under No Win No Fee terms, please reach out to one of our advisors using the contact details below:
We also have guides exploring personal injury claims, some of which you can find below:
- Find out how much compensation you could receive after sustaining a broken leg in a public place.
- Read about personal injury settlements for a broken arm.
- If you’ve suffered a back injury, this guide can inform you on how to claim compensation.
- General Medical Council – Professional Standards for Doctors
- GOV.UK – NHS Constitution for England
- NHS Resolution – Annual Report Statistics
We hope this guide has answered the question ‘how much compensation for medical negligence could I receive?’. If you require any further guidance, please contact an advisor on the number above.
Written by RA
Checked by AN