Those who have been injured as a result of medical negligence in Scotland may be entitled to NHS Scotland compensation payouts. Medical negligence is where you receive care of a standard that is below what should be expected.
If you’ve been harmed as a result of negligent medical care, then you may be able to make a clinical negligence claim. This guide will explain how medical negligence could harm you, as well as how compensation claims of this kind are valued.
Our advisors can provide you with free legal advice 24/7 basis with no obligation for you to continue with our services just by getting in touch. They may even be able to connect you to a solicitor from our panel, provided you have a valid claim for compensation.
You can get in touch with our team of advisors by:
- Contacting us directly through the website
- Using the live chat feature at the bottom of your screen
- Calling us on 0800 408 7825
Select A Section
- What Is An NHS Breach Of Duty Of Care?
- How Could You Be Harmed By NHS Negligence?
- How Much Has Been Claimed In Recent Years?
- Who Could Claim NHS Scotland Compensation Payouts?
- What Do I Need To Prove My NHS Negligence Claim?
- Calculating NHS Scotland Compensation Payouts
- Start A No Win No Fee NHS Scotland Compensation Claim
- Related Articles
Every medical professional has an obligation to deliver a suitable level of care and act in a way that avoids patients coming to unnecessary harm. This is their duty of care, and a deviation from this acceptable standard could cause injury, illness or a worsening of a condition.
Sometimes, harm is necessary for treating a medical condition, and in this event, you would be unable to claim. For example, treatment such as chemotherapy will be likely to make the patient ill. However, this worsening of the patient’s health is needed in order for cancer to be treated.
It’s important to note that you cannot claim for medical negligence overall; you can only be compensated if a breach of duty of care has caused you harm. For example, if you were given the wrong medication as a result of negligence, but this mistake is spotted relatively quickly and your health was not impacted by this. If these circumstances apply, you’d be unable to claim.
It’s also important that you’re able to prove a connection between the treatment you received and the harm you were caused. You will also need to collect evidence in support of your claim. For this reason, we recommend working with a solicitor who has experience with NHS negligence claims.
If you’d like more information on making a claim, get in touch with our team today. You could be connected with a No Win No Fee solicitor from our panel with experience in claiming NHS scotland compensation payouts.
There are a number of different ways that medical negligence can occur, causing patients harm. It’s important to note that just because complications have arisen as a result of medical treatment does not mean that you’re entitled to claim. Sometimes, this can happen even when the right level of care is administered.
For example, you might be suffering from a condition that is very rare, but that shares symptoms with another more common system. If you’re misdiagnosed initially, this may not be the result of negligence; if it’s not, then you would not be able to claim.
Examples of medical negligence can include:
- Misdiagnosis. This might mean that you don’t get the treatment you need for your condition, or that you’re given treatment for a condition you don’t have and are harmed by this as a result.
- Surgical negligence. Examples of surgical negligence could include wrong-site operations, unnecessary surgery or a foreign object being left in the patient’s body.
- Medication errors. You might be prescribed the wrong medication, the wrong dosage of medication or you might be given incorrect instructions on how to take medicine (for example, nobody tells you that you need to take a certain tablet with food).
This list is not exhaustive by any means. There are a number of other ways that you could be harmed by medical negligence that we have not mentioned.
For more information on when NHS Scotland compensation payouts could be owed, speak with an advisor today. You could be connected with one of the medical negligence solicitors for Scotland from our panel.
The Clinical Negligence and Other Risks Indemnity Scheme (CNORIS) is the indemnity scheme managed by NHS Scotland. They handle clinical as well as non-clinical negligence claims and publish statistics related to NHS Scotland compensation payouts.
According to their online report for 2020/21, CNORIS paid out £60.26m for clinical negligence cases. This consisted of 278 clinical negligence payments made overall.
For the years 2018/19, 2019/20 and 2020/21, the area of medicine with the highest value of claims was obstetrics and gynaecology. This made up 27% of the total value of claims in 2020/21.
As we’ve already mentioned, if you’ve been harmed as the result of medical negligence in Scotland, you might be entitled to claim compensation. However, there are other considerations to bear in mind relating to your eligibility to claim.
In order to successfully receive compensation, you will usually need to begin your claim within three years of the incident occurring. In medical negligence claims, the time limit often runs from the “date of knowledge”. This is where you knew (or should have known) that your condition was caused by negligence.
There may be some exceptions to this time limit, however. Get in touch with our team for more information.
In order for NHS Scotland compensation payouts to be made, it’s important that claimants support their cases with evidence. The more quality evidence you have in support of your claim, the stronger your case could be.
Some of the evidence you could provide includes:
- Photographs. If you have photos of your injuries or the symptoms that have worsened as a result of your negligent treatment, you could provide these in support of your claim.
- Witness statements. In some cases, someone else might have seen the negligence occur that caused you harm. They can provide their contact details so that a statement can be taken later.
- Medical records. If you’ve sought medical attention after being harmed by negligence, then you could use these records to support your claim. You could also use your initial medical records to show what has gone wrong (for instance, it might contain details of the incorrect medication you were prescribed).
In addition to this, you might be invited to a medical assessment as part of your claim. Here, an independent medical expert will assess your injuries and determine whether or not your injuries were caused by negligence. They will then create a report which will be used to value your claim.
For more information on the evidence you can use to support your claim, speak with our team today.
NHS Scotland compensation payouts can consist of two different heads of claim. The first of these is called general damages. This compensates you for the pain and suffering that your injuries have caused you.
Legal professionals often consult a framework called the Judicial College Guidelines (JCG) which contains guideline compensation brackets for general damages. These guidelines are based on previous awards that have been made.
We have included some brackets from the JCG in the table below:
|(b) Paraplegia||The amount of compensation depends on the degree of pain present, how independent the injured party is, any prevalence of depression, as well as life expectancy.||£205,580 to £266,740|
|(B) Post-Traumatic Stress Disorder (a) Severe||Permanent impact that prevents the injured person from functioning the same as pre-trauma||£56,180 to £94,470|
|(A) Injuries Affecting Sight||Total blindness||In the region of £252,180|
|(A) Chest Injuries (c)||Damage causing some level of continuing disability.||£29,380 to £51,460|
|(E) Reproductive System: Male (a) (I)||Total loss of reproductive organs||In excess of £144,420|
|(H) Kidney (a)||Permanent damage to or loss of both kidneys||£158,970 to £197,480|
|(K) Spleen (a)||Loss of spleen causing ongoing risk of internal infection because of immune system damage.||£19,510 to £24,680|
|(J) Bladder (c)||Serious control impairment with pain and incontinence||£60,050 to £75,010|
|(F) Other Arm Injuries (a) Severe Injuries||Injuries that are not amputations but leave the arm little better off than if it had been lost.||£90,250 to £122,860|
|(B) Moderately Severe Brain Damage||Very serious disability resulting in a substantial dependence on others and a need for care.||£205,580 to £264,650|
You could also be entitled to claim special damages; this head of the claim aims to reimburse you for any monetary losses sustained as a result of your injuries. This could include lost wages or any changes you have had to make to your home to accommodate your injuries. As such, it is always wise to hold onto any payslips or receipts to prove this head of your claim.
To find out how much compensation you could be entitled to, speak to an advisor today about NHS scotland compensation payouts. They could connect you with a No Win No Fee solicitor from our panel who can represent you in your claim.
You may be interested in making a claim with the help of a lawyer, but you may be worried about possible legal fees involved with doing so. If this is the case, you may benefit from funding legal representation with a No Win No Fee agreement.
With a No Win No Fee agreement in place, there’s nothing for you to pay upfront or as the claim progresses. There’s also nothing for you to pay if you lose your claim.
If you win, you will pay a legally-capped success fee. This will be deducted from your compensation, entitling you to the majority of the compensation you’re owed.
Call us today to see how we can help. You can do so by:
- Contacting us directly through the website
- Using our live chat feature at the bottom of your screen
- Calling us on 0800 408 7825
Patient Charter Scotland– This document outlines what you can expect when you use the NHS in Scotland.
NHS Scotland Health Boards- A list of the regional health boards in Scotland.
Request CCTV footage- You can request CCTV footage that you appear in
Thank you for reading this article about NHS Scotland compensation payouts.
Article by EC