How Are NHS Negligence Payouts Calculated?

By Cat Gengar. Last Updated 1st June 2022. Welcome to our guide on when NHS negligence payouts might be awarded. This article will also look at what is classed as medical negligence and how it could affect your health and wellbeing. 

Medical professionals are expected to provide a minimum standard of care to any patients they look after. When this is not provided, this is considered medical negligence. Failing to adhere to these professional standards could exacerbate a pre-existing condition or perhaps even lead to a new condition or injury in a patient. 

NHS Negligence Payouts Guide

NHS Negligence Payouts Guide

If you are considering making a claim, you could get in touch with our team of advisors. They can give you free legal advice on your case. They could also pass you on to a No Win No Fee solicitor from our panel if they think you have a good chance of success. 

Read on to find out more about medical negligence claims. Alternatively, get in touch with our advisors today to get more information or potentially start a claim. 

You can:

Select A Section

  1. An NHS Compensation Payouts Guide
  2. Who Could Make A Claim For NHS Negligence?
  3. Should I Make A Complaint To The NHS?
  4. How Long Do You Have To Claim NHS Negligence Payouts?
  5. How To Prove The NHS Acted Negligently
  6. The Latest NHS Compensation Payouts
  7. Why Contact Our No Win No Fee Lawyers?
  8. More About NHS Negligence Payouts

An NHS Compensation Payouts Guide

This guide will explain the fundamental aspects of making successful NHS medical negligence claims. This should answer many questions about seeking compensation as it provides you with more information about when you’re able to claim.

If a medical professional is treating you, there is a standard minimum level of care required when performing their role. The General Medical Council outlines how this standard of care can be met. If you’ve suffered an injury because a medical professional’s treatment breached this duty of care, you may be able to claim.

However, it’s important to know that if you’ve suffered an injury or your condition has worsened after receiving medical treatment, you won’t always be able to claim. For example, if your condition presents with unusual symptoms, leading to a misdiagnosis, you may not be able to claim because it could be deemed that the situation was a rare case, making the doctor’s actions fall within the acceptable level of care.

One important aspect that relates to NHS negligence payouts is the Bolam Test. This test is used to decide if the medical professional’s actions go below the standard level of care. A panel of medical professionals in the relevant field review the evidence to determine if the healthcare provider in question was liable for the damage caused.

If the panel believes that the care provided was of an unacceptable standard, the medical professional may be considered to have acted in a negligent manner. NHS Resolution is the part of the NHS that deals specifically with disputes and complaints.

To learn more about examples of medical negligence payouts in the UK, please contact us for free legal advice or continue reading.

Who Could Make A Claim For NHS Negligence? 

As a current or former patient, if you’re concerned that you’ve been treated negligently by the NHS, you could potentially claim compensation. However, NHS negligence payouts will only be paid to those who have been harmed by medical negligence. If you’ve been the victim of negligence but your health was not affected, you would not be able to claim. 

You could claim for NHS negligence if you received negligent care. For example, if you were given the wrong medication for your condition due to the doctor not paying attention, which resulted in harm, you could potentially claim for this. 

Other instances that you could claim for provided they were caused by negligence include:

Get in touch with our team to find out whether you could be entitled to claim.

Should I Make A Complaint To The NHS?

Under the NHS Constitution, you have the legal right to make a complaint about any aspect of NHS treatment, care or service. You could either complain to the service provider directly, such as the GP or hospital, or the commissioner of services. However, you cannot complain to both. 

You should generally make a complaint within 12 months of the incident or from the date the matter came to your attention. You could do this verbally, by email, or in writing. If you’re making a complaint on behalf of someone else, make sure to include their written consent. 

Complaints can be beneficial, as they may help you resolve issues quickly. The NHS should also undertake an investigation into your complaint. Their response will let you know what’s being done as a result, and they may also provide formal apologies. This is not guaranteed if you go through the claims process without first making a complaint. 

However, it is important to note that you can make a complaint and then make a claim if you’re not satisfied with the outcome.

For more information on when NHS negligence payouts might be awarded, speak with one of our advisors today. 

How Long Do You Have To Claim NHS Negligence Payouts?

To make a medical negligence claim, there is generally a time limit of 3 years. This means that patients who have been harmed by negligence have 3 years to start claims for NHS negligence payouts. 

This could start either from the date of the accident or the date of knowledge. This describes the date you became aware (or should have known) that your symptoms resulted from negligence.

However, there are a few exceptions:

  • For those with diminished mental capacity, a litigation friend can claim on their behalf, and the time limit is suspended unless the claimant regains their mental capacity. After this point, the usual time limit of 3 years applies. A litigation friend is someone who pursues a claim on behalf of someone who isn’t able to do so themselves. 
  • For minors, a litigation friend can make a claim for them up until their 18th birthday. Once the claimant turns 18, they then have until they are 21 to start a claim for themselves. 

If you would like to know more about how time limitations can apply to your circumstances, get in touch with an advisor from our team today. They could offer you specific advice based on your case. 

How To Prove The NHS Acted Negligently

To make a successful clinical negligence claim, you would need to provide evidence that the NHS’s negligence caused the damage done to you. It is also important to show that the duty of care you’re owed was breached. 

You can gather evidence without a solicitor. However, we always advise that you work with one, as they can help you figure out the evidence that can best support your specific case. This could include:

  • Medical reports
  • Photographs of the incident or injury
  • Witness details

You may also attend an independent medical appointment as part of your claim. This is so they can assess the severity of the damage and how it is likely to continue affecting you in future. This could be used as key evidence in your claim and will be helpful for valuing your injury. If you work with a medical negligence solicitor on our panel, they may be able to arrange this in your local area to reduce travel time. 

The Latest NHS Compensation Payouts

We’re often asked the value of medical negligence payouts in the UK. Whilst settlements will vary on a case-by-case basis, what we can do is tell you a little about how claims such as these are calculated.

Firstly, it’s important to realise that some claims can be comprised of more than one figure. The amount that’s awarded to cover your physical pain and mental suffering is called general damages. It’s calculated by legal professionals during the process of your claim. When doing so, they will turn to resources such as medical evidence, and a publication called the Judicial College Guidelines (JCG). Please note, this only applies to claims made in England and Wales.

The JCG is updated on a semi-regular basis, with the latest review taking place recently in April 2022. The JCG consists of a description of various injuries and illnesses and a corresponding compensation bracket based on past court cases. As implied by the name of the publication, these figures are only guidelines. In other words, they are not a guarantee. Your claim could be worth less or more than the monetary figures listed.

InjurySeverityNotesCompensation Bracket
Paralysis InjuryTetraplegia (aka Quadriplegia)The top end of this bracket will be appropriate for cases where there has been a significant impact on communication and senses.£324,600 to £403,990
Paralysis InjuryParaplegiaThe level of compensation awarded will take into account the presence of pain and degree of independence among other factors.£219,070 to £284,260
Brain InjuryModerately SevereSerious disability with a substantial dependence on others and a constant need for care. There may also be related physical issues, such as paralysis.£219,070 to £282,010
Brain InjuryModerate (i)A moderate to severe intellectual deficit, change in personality and an impact on senses.£150,110 to £219,070
Reproductive System: FemaleInfertilityInfertility in a young person caused by injury or disease plus other symptoms such as sexual dysfunction, severe depression, anxiety, scarring and pain.£114,900 to £170,280
Reproductive System: MaleInfertilityTotal impotence and loss of sexual funciton and sterility in a young person.£114,900 to £148,320
Injuries Affecting SightTotal Loss of One EyeThe exact compensation awarded will depend on factors such as age, cosmetic effect and psychiatric consequences.£54,830 to £65,710
Asthma(b) Chronic AsthmaSevere and long-lasting asthma. It is severe enough to be disabling and disrupt sleep. It may also affect physical activities and employment prospects.£26,290 to £43,010
Pelvis and Hip InjuriesModerate (i)Significant injury that does not lead to any major permanent disability or future risk.£26,590 to £39,170

NHS Compensation Payouts Guide – Special Damages

You might also be entitled to special damages, which is the portion of your compensation that will cover any financial losses you may have experienced as a result of your injuries. Not everyone is eligible to claim under this, as you must be able to provide proof that the losses you experienced were directly caused by the harm done to you through medical negligence.

As such, many online examples of medical negligence payouts will not include what you could receive under special damages. Expenses you could claim under this heading can include:

  • Loss of earnings
  • Travel costs
  • Specialist equipment
  • Childcare expenses
  • Prosthetics
  • Domestic help, like housekeeping and gardening

To prove that you have experienced financial loss as a result of your injuries, it can be a good idea to save any receipts, bills or invoices related to these costs and losses.

Contact our advisors today to find out what you could claim under special damages, and to get a free estimate of what your claim could be worth. Alternatively, continue reading our NHS compensation payouts guide to learn more about claiming for medical negligence, and how our panel of solicitors could help you.

Why Contact Our No Win No Fee Lawyers?

If you’ve been harmed by NHS negligence, you could speak to an advisor about making a claim. They could then connect you with a solicitor from our panel to work on your claim, provided they feel it is valid. 

If you’ve already suffered financially as a result of your injuries, you could be concerned about the upfront costs usually associated with legal representation. However, you should know that a No Win No Fee agreement could be a beneficial way of funding your solicitor’s fees. 

In a No Win No Fee agreement, you don’t need to worry about paying any upfront or ongoing fees to your solicitor at all. And, if your claim is unsuccessful, you won’t be required to pay anything to your solicitor whatsoever. 

Your solicitor will take a legally capped success fee from your compensation amount provided your claim is successful. This percentage will only be deducted once the compensation is fully paid. Plus, the legal cap means you will keep the majority of the compensation you’re awarded. 

Get in touch with us today to find out more about No Win No Fee agreements or to talk to someone about making a claim. 

More About NHS Negligence Payouts

Thank you for reading our guide on NHS negligence payouts. We hope you found it helpful. Please see below for more relevant links. 

Claiming For Harm Caused By Being Starved Of Oxygen At Birth – Read our guide for information on claiming for harm caused by this kind of birth injury.

Drug Error Claims – In this guide, we look at the process of claiming for a drug error caused by negligence. 

How Long Does A Medical Negligence Claim Take? – For further information on how long the medical negligence claims process could take, read this article.

The Medicines and Healthcare Products Regulatory Agency – The website for the MHRA, a government body responsible for ensuring that medicine and medicinal devices are safe. 

The Care Quality Commission – The website for the CQC, an independent regulatory body that looks at the quality and safety of care for various organisations.

The Local Authority Social Services and NHS Complaints (England) Regulations, 2009 – The legislation covering your rights to make a complaint.

Other Guides Available

Thank you for reading our guide on NHS negligence payouts. 

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