There are various ways you could sustain harm in a medical setting.
However, in order to make a medical negligence claim, you must provide evidence of harm caused as a result of receiving a substandard level of care from a trained medical professional.
If this has happened to you, our guide could help. We’ll explore the question ‘how much compensation will I get for medical negligence?’, what your settlement may comprise and how it may be calculated.
Additionally, this guide will explore the different ways in which a medical professional could potentially harm a patient with them sustaining avoidable injury if they were to deviate from professional standards. We’ll do this by looking at the duty of care a medically trained professional owes you.
Furthermore, we will provide guidance on the steps you may wish to take to build a strong case.
We’ll also look at how an experienced medical negligence solicitor could help by representing you on a No Win No Fee basis. Furthermore, the guide will explore the different types of claims they could handle, such as those for incorrect treatment, negligent misdiagnosis and surgical mistakes.
If you have any questions whilst or after reading this guide, please get in touch with a member of our team using the following details:
Select A Section
- How Much Compensation Will I Get For Medical Negligence?
- Types And Causes Of Medical Negligence
- Who Could You Make A Medical Negligence Claim Against?
- Do All Medical Professionals Have A Duty Of Care?
- Proving Medical Negligence In Compensation Claims
- How Much Compensation Will I Get For Medical Negligence?
- Talk To No Win No Fee Solicitors
- Information On Related Injury Claims
Each claim is calculated on a case by case basis by considering different factors such as the severity of your injury, the long term impact and the effect it’s had on your quality of life. For that reason, it’s difficult to provide a definitive estimate of how much your medical negligence claim might be worth.
However, you could use a medical negligence compensation calculator to get an estimate of your claim value. Although, you should only use the figure as a guide because your actual settlement will vary.
As an alternative option, you could hire an experienced solicitor who can accurately value your claim as part of the services they provide. It may also be beneficial to seek legal representation as medical negligence claims can seem complex and a solicitor with experience handling these types of claims could help you take steps to get the compensation you deserve.
If you’re still unsure of how much compensation you will get for medical negligence, call our team. Alternatively, continue reading our guide.
Medical or clinical negligence is when a trained medical professional fails to provide you with the minimum standard of care that could be reasonably expected causing their patient to experience avoidable or further harm. The harm they sustain could include an additional injury or a pre-existing condition that is made worse.
There are various ways in which this could happen, such as:
- Misdiagnosis: A doctor may have incorrectly diagnosed you with a mild cough and failed to prescribe you any medication, despite you exhibiting clear symptoms of a chest infection that required medication to treat. As a result, you may have experienced your symptoms worsening leading to you developing pneumonia.
- Delayed treatment: A doctor in the hospital may have incorrectly diagnosed you with a sprain despite you exhibiting clear signs of a fractured ankle. As a result, you may have received delayed treatment for your original injury causing you to experience long term complications.
- Surgical errors: A surgeon may have left a surgical pad in a patients body when operating on them after they failed to follow the correct post-surgical protocols. As a result, the patient may have developed an infection causing them further harm.
- Failure to inform the patient of risks: A patient may have elected to have laser eye surgery but was not informed of the risks involved. For instance, one risk is that laser eye surgery could damage your eyes further. Following the surgery, a patient may have experienced their eyesight deteriorating but they may not have consented to the surgery if they had been properly informed of the risks beforehand.
If you have experienced something similar, you might wish to find out how much compensation you will get for medical negligence. Call our team for more information.
All medical professionals owe their patients a duty of care regardless of the field they’re trained in.
For that reason, a claim could be made for medical negligence if you sustained harm as a result of a medical professional providing a substandard level of care, such as your:
Furthermore, you could make a claim if the incident of medical negligence occurred in an NHS or private healthcare facility. However, it’s important to note that NHS Resolution may be involved in your claim involving an NHS facility.
NHS Resolution aims to resolve concerns and disputes in a fair way to ensure compensation is awarded where necessary. They also aim to learn from any mistakes that were made to prevent them from happening again.
Please continue reading to find out how much compensation you will get for medical negligence.
All medically trained professionals owe their patients a duty of care. They must ensure they do everything they reasonably can to provide the minimum level of care when treating their patients.
There are various organisations that oversee the care medical professionals provide to their patients, such as:
- The General Medical Council (GMC): The GMC aim to protect patient safety and oversee the training and education of registered doctors in this country.
- The General Dental Council (GDC): The GDC set the standards for registered dental professionals across the country as well as investigate complaints about dental professionals that may not be fit to practice.
- Care Quality Commission (CQC): The CQC independently regulate health and social care services in England to ensure they meet fundamental standards.
For further details on the duty of care you’re owed by a medical professional, call our team. Alternatively, continue reading to find out how much compensation you will get for medical negligence.
An important part of the claims process is ensuring you provide evidence in support of your claim. For instance, before putting forward your claim you could gather the following:
- Medical records that detail the treatment and diagnosis you received.
- Prescriptions that provide details of any medication you were prescribed.
- Referral letters.
The evidence you provide could highlight whether a medical professional took reasonable steps to prevent you from sustaining further or avoidable harm.
Additionally, you might be invited to attend an independent medical appointment that can produce a report on the full extent of your condition. The report may be particularly useful if you’re claiming a while after the incident happened to show the long term impact your condition may have had.
Although evidence is beneficial in supporting your claim, the Bolam test may also be used to determine whether you were given the correct level of care. The test involves a group of healthcare professionals trained in a relevant field assessing your case.
Time Limit to Filing a Medical Negligence Claim
Generally, the time limit to making a medical negligence claim is 3 years as stated in the Limitation Act 1980. However, the three years could start from two different dates.
Firstly, you could start your claim three years from the date the incident occurred. Alternatively, you could make your claim three years from the date you became aware that a medical professionals negligence caused or contributed to the harm you sustained.
There are exceptions to this time limit which may apply to your specific case. For more information on the exceptions, call our team on the number above.
Alternatively, see the section next to find out how much compensation you will get for medical negligence.
As discussed, it’s difficult to provide a definitive figure of how much your claim might be worth. However, generally, each settlement may comprise general and special damages.
Special damages allow you to seek reimbursement of any past or future monetary losses that you have incurred as a direct result of the harm you sustained.
For instance, you may have been temporarily unable to work while recovering from your injuries. In this case, any loss of earnings can be reimbursed if you have evidence in the form of payslips.
General damages seek to compensate you for any physical or psychological harm you sustained as a result of negligence. The amount you receive will depend on:
- The severity of the harm you sustained
- The future implications of your condition
- Reduction in quality of life
Medical evidence may be used to assess these different factors. Alongside evidence, a document called the Judicial College Guidelines (JCG) provides compensation brackets.
The JCG includes example compensation brackets for injuries of various degrees. We have used these figures to create the table.
These figures are guidance only.
|Injury||Further notes||Compensation Award|
|Psychiatric Damage||(d) Less severe: The amount awarded will depend on the impact on your daily life and sleep.||£1,440 to £5,500|
|Injuries Affecting Sight||(b) Complete blindness.||In the region of £252,180|
|Chest Injuries||(d) A simply injury including a penetrating wound that causes permanent tissue damage but has no long-term impact on lung function.||£11,820 to £16,860|
|Male Reproductive System||(a) (i) Cases where the reproductive organs are completely lost.||In excess of £144,420|
|Female Reproductive System||(b) Where the failure to diagnose an ectopic pregnancy has caused infertility.||£31,950 to £95,850|
|Kidney||(c) Where a person has lost one kidney but hasn't sustained any damage to the other.||£28,880 to £42,110|
|Bowels||(b) Where someone has experienced a complete loss of natural function and depends on a colostomy. Age will be taken into account when deciding the award.||Up to £140,870|
|Spleen||(a) Cases where someone has lost there spleen and has a continued risk of internal infection resulting from immune system damage.||£19,510 to £24,680|
|Mental anguish||(a) A fear that death is impending and that life expectancy is reduced.||£4,380|
|Arm||(a) Complete loss of both arms.||£225,960 to £281,520|
If you wish to seek legal representation, you could do so by hiring a solicitor to represent you on a No Win No Fee basis. This means:
- There are no upfront fees to pay your solicitor
- There are no ongoing costs to pay while your claim proceeds.
- You won’t pay solicitor fees if your claim fails.
In successful claims, you may be required to pay a success fee which is taken out of your settlement as a legally capped percentage. Your solicitor will make you aware of the fee beforehand.
The solicitors from our panel could take your claim on this basis. Additionally, they have experience handling medical negligence claims. For more information on how you could work with one of the solicitors from our panel, get in touch with an advisor.
Alternatively, an advisor can provide you with further clarification on how much compensation you will get for medical negligence. Simply:
Here are additional guides that you may find useful.
- See our guide on accidental death compensation claims.
- Visit our guide on how a medical negligence solicitor could help with sepsis claims.
- Our guide exploring how long a medical negligence case takes could help.
We have also provided some external resources that could help.
- Visit the CQC website if you need to make a complaint about a service or provider.
- See the NHS Constitution for England to find out more about your patient rights.
- Read NHS Resolution’s Annual Report Statistics.
We hope our guide exploring the question ‘how much compensation will I get for medical negligence?’ has provided you with the information you need. However, if you require further clarification on anything you’re unsure of, please call our team on the number above.