Have you suffered because a healthcare professional gave you substandard medical care? Has the avoidable harm you experienced impacted your quality of life and financial well-being? If the answer is yes, you may be able to claim compensation for medical negligence. In our guide, we will show how you could make a claim and provide some examples of medical negligence payouts.
Firstly, we explore how compensation in medical negligence claims is calculated, using some illustrative examples. We also detail what eligibility requirements you need to meet to pursue a claim and who pays compensation following a settlement.
Furthermore, we explain what the time limits are and discuss the evidence a medical negligence claim might need. Lastly, we look at how one of our solicitors can help you.
Our helplines are open 24/7, ensuring you can speak to an advisor at a time that is convenient for you. If you are ready to take your first steps to claiming compensation, please contact us by:
- Calling on 0800 073 8801
- Use our live chat feature
- Contact us online
Jump To A Section
- Examples Of Medical Negligence Payouts
- How Is Medical Negligence Compensation Calculated?
- Am I Eligible To Claim Medical Negligence Compensation?
- Who Pays For Compensation When A Claim Is Made?
- What Are The Medical Negligence Payout Time Limits?
- How To Make A Medical Negligence Claim
- No Win No Fee Medical Negligence Solicitors
- More Information
Examples Of Medical Negligence Payouts
The best place to find examples of medical negligence payouts is the Judicial College Guidelines (JCG). However, this document can only provide a guideline figure for the physical and psychological harm a patient suffered. As we’ll look at in the next section, various factors will be considered before a successful claimant receives their compensation.
Please see the table below for a few JCG figures. Keep in mind that the document’s compensation brackets are guidelines and do not provide a guarantee of what you could receive. Furthermore, the first entry of the table has not been taken from the publication.
| Harm | Notes | Amount |
|---|---|---|
| Multiple severe injuries and special damages | This includes more than one severe form of harm combined with special damages (such as a loss of earnings). | Up to £1,000,000+ |
| Very severe brain damage | There may be some ability to follow basic commands, but there will be few to no signs that a claimant has a meaningful response to their environment. | £344,150 to £493,000 |
| Moderate brain damage (i) | Cases cover moderate to severe intellectual deficit and a risk of epilepsy. There will also be no possibility of employment | £183,190 to £267,340 |
| Kidney (a) | Both kidneys will either suffer serious permanent damage or be lost. | £206,730 to £256,780 |
| Kidney (c) | There will be a loss of one kidney without the other being damaged. | £37,550 to £54,760 |
| Bowels (a) | This bracket covers cases where individuals have experienced double incontinence alongside further medical complications. | Up to £224,790 |
| Bowels (e) | Penetrating injuries leading to some permanent damage. However, natural function and control will be eventually restored. | £15,370 to £29,870 |
| Female reproductive system (a) | Infertility will be caused by disease or injury. It will exist alongside, amongst others, sexual dysfunction and severe depression. | £140,210 to £207,260 |
| Established Grand Mal Epilepsy | This bracket will consider factors like behavioural issues and the extent to which medication has blunted a claimant's life. | £124,470 to £183,190 |
| Chest (a) | Cases include serious damage to the heart or the total removal of a lung. | £122,850 to £183,190 |
| Chest (d) | Cases may include a single penetrating wound that leads to some permanent tissue damage. | £15,370 to £21,920 |
| Lung disease (a) | This bracket covers young people with a serious disability who are likely to experience progressive deterioration, resulting in a premature death. | £122,850 to £165,860 |
| Lung disease (d) | A claimant will have difficulties breathing, which means they must frequently use an inhaler. Their social and working life will also be significantly affected. | £38,210 to £66,920 |
| Total deafness | This bracket may factor in issues like tinnitus and speech deficit. | £110,750 to £133,810 |
| Very severe scarring | For claimants typically in their teens or early 30s, there will be a very disfiguring cosmetic effect and a severe psychological impact. | £36,340 to £118,790 |
| Male reproductive system (c) | Cases include claimants who have children (or would not have had any) who are likely to experience permanent sexual dysfunction or impotence. | £52,490 to £108,310 |
| Seriously impaired control of bladder | There will also be pain and incontinence. | £78,080 to £97,540 |
| Severe digestive system damage (i) | Severe damage to the digestive system caused by trauma, with persistent pain and discomfort. | £52,490 to £75,550 |
| Spleen (a) | The claimant will have lost their spleen and face an ongoing risk of internal infection. | £25,380 to £32,090 |
| Hernia (a) | There will be persistent pain and/or limitations affecting things like physical activities and employment. | £18,180 to £29,490 |
If you have any questions about these examples of medical negligence payouts, feel free to talk to a team member today.
How Is Medical Negligence Compensation Calculated?
Medical negligence compensation is calculated on a case-by-case basis under two heads of loss, known as general damages and special damages. Keep reading as we discuss both in more detail.
General Damages
As a starting point for compensation, general damages cover the pain and suffering you endured due to the incident. This head of loss may consider factors such as:
- The severity of your harm.
- The impact on your quality of life and daily activities.
- The recovery period and ongoing disabilities.
Special Damages
Special damages are awarded for any financial losses you incurred as a result of the harm you suffered. Medical negligence can have significant financial consequences, leading to a loss of earnings and numerous out-of-pocket expenses, such as:
- Medical expenses, including rehabilitation costs and prescriptions.
- Childcare costs.
- Home modification costs, such as installing a ramp to accommodate a disability.
- Travel costs involved in getting to and from your medical appointments.
It is important to note that you must have evidence of these losses, such as receipts, invoices, and wage slips. For further information on clinical negligence compensation, please contact one of our friendly advisors today.
Am I Eligible To Claim Medical Negligence Compensation?
So long as you meet certain criteria, you could be eligible to make a claim for medical negligence compensation. In short, you need to prove the following:
- You were owed a duty of care.
- This duty of care was breached by a healthcare professional.
- You suffered avoidable and unnecessary harm as a result of the breach.
What Is A Duty Of Care?
Essentially, healthcare professionals must provide a level of care that meets the expected minimum standard. This duty of care applies regardless of whether an individual works in the private or public sector. Let’s take a look at some examples of how a medical professional might breach their duty of care:
- Wrong medication: A nurse mixes up your medication with that of another patient. This error results in you suffering kidney failure.
- Delayed diagnosis or treatment: A doctor mistakes a lump in the breast for a cyst and fails to investigate further, such as ordering tests. Due to this, your cancer diagnosis was delayed. This, in turn, meant that you do not receive treatment until the breast cancer has spread to other parts of your body.
- Misdiagnosis: A medical professional misinterprets your test results, wrongly concluding you have brain cancer. Their misdiagnosis results in you undergoing unnecessary surgery that leaves you with chronic health issues.
- Surgical errors: A surgeon improperly uses their instruments during an operation, resulting in an incision made into your bowel. This requires further surgery to repair and a longer recovery period from the original operation.
If you would like to talk about eligibility in clinical negligence claims, feel free to get in touch with one of our trained advisors. Otherwise, keep reading as we continue with our guide on examples of medical negligence payouts.
Who Pays For Compensation When A Claim Is Made?
The answer here depends on who you make a successful claim against. If the medical negligence happened in an NHS hospital, then the claim would be against the NHS trust it belongs to. When that is the case, NHS Resolution will be responsible for compensation. This organisation acts like an insurer and has its own funds for medical negligence payouts.
In the private sector, your claim would be directed at the institution where the medical negligence occurred. Private hospitals usually have their own insurance providers, and these insurers are usually responsible for paying out compensation.
Reach out today if you would like to discuss your specific circumstances or are ready to start your medical negligence claim.
What Are The Medical Negligence Payout Time Limits?
You typically have 3 years to begin a medical negligence claim. The time limit runs from:
- The date that the medical negligence occurred.
- The date of knowledge, meaning when you first realised that the harm you suffered was caused by substandard care.
This is set out by the Limitation Act 1980. However, both minors and those with diminished mental capacity are exempt as they cannot file a claim on their own. Time limits for these 2 groups will only apply under the following conditions:
- Minors will face the standard 3-year time limit once they turn 18.
- Someone with diminished capacity will not be subject to time limits unless they regain the ability to claim for themselves.
Alternatively, a loved one or other suitable adult (such as a solicitor) can claim for them whilst time limits are paused. In order to do so, they would assume the role of a litigation friend to act in their best interests.
How Long Will It Take To Settle A Claim?
Many factors determine the length of a claim, meaning timescales for seeking compensation are likely to differ on a case-by-case basis. In particular, your claim may be influenced by:
- Whether the defendant admitted liability.
- If you are still receiving medical treatment.
- The amount of evidence needed.
- Disagreements over compensation during negotiations.
Our advisors are on hand to help you if you would like more information about this aspect of the claims process.
How To Make A Medical Negligence Claim
To start your claim, you will need to prove medical negligence occurred as a result of a healthcare professional breaching their duty of care. Examples of evidence can include the following:
- Your medical records, which may detail your diagnosis, treatment received, or any allergies a healthcare professional ignored. In addition, you may find copies of test results and scans to be useful evidence.
- Copies of prescriptions, forms, and the packaging they came in.
- Contact details of anyone who may have witnessed your negligent treatment. This information can be used by a solicitor to collect statements to support your version of events.
- Photographs or videos providing a visual record of the harm you’ve suffered.
- Correspondence related to your negligent treatment.
The prospect of gathering such evidence might seem daunting, but you don’t have to take on the task by yourself. If you instruct one of our solicitors, they can collect evidence on your behalf and build the strongest possible claim.
For more information about evidence in medical negligence cases, please contact one of our advisors.
No Win No Fee Medical Negligence Solicitors
If you have a valid medical negligence claim, you could pursue compensation using one of our No Win No Fee solicitors. Specifically, they can offer you a Conditional Fee Arrangement (CFA), which has many benefits, such as:
- You will not pay any solicitor fees at the start of your claim or as it progresses.
- If your claim is unsuccessful, you won’t be expected to pay a fee for your solicitor’s work.
- If you receive compensation, your solicitor will take a small percentage of it as a success fee. The law caps the percentage, ensuring you get the bulk of the compensation.
Contact Accident Claims
If you are ready to start your medical negligence claim, contact one of our helpful advisors today:
- Call us on 0800 073 8801
- Use our live chat feature
- Contact us online
More Information
To learn more about examples of medical negligence compensation payouts, please see our other guides:
- Learn about how to claim for cancer misdiagnosed as adenomyosis
- Discover how to claim after being hospitalised due to the wrong medication
- Get information about lip and dermal filler negligence
Additional external resources:
- NHS Resolution outlines how it manages claims
- Government information on taking sick leave
- NHS advice on recovering after surgery
Thank you for reading our guide, which explored some examples of medical negligence payouts.
