By Jo Anderson. Last Updated 25th October 2023. In this guide, we will be discussing a £1.2 million compensation payout that was awarded to a claimant following a case of GP misdiagnosis. This case study will shed some light on the medical negligence claims and payouts process by exploring what medical negligence is, and when you could be able to make a claim.
We’ll also discuss examples of medical negligence payouts, including the focus of the case study and guideline figures that solicitors may use when valuing other claims. Compensation in medical negligence claims is awarded on a case-by-case basis, so we can’t offer an average payout; however, we can offer more insight into how these payouts are calculated.
Finally, we’ll discuss how working with a solicitor could benefit your case. Our solicitors work on a No Win No Fee basis and may be able to help you through the medical negligence claims process. To learn more about claiming, read on. Alternatively, to start your claim, contact our team of helpful advisors today:
Select A Section
- GP Negligence Payouts Case Study
- The Eligibility Criteria For Medical Negligence Claims
- Medical Negligence Payout Examples
- How Long Do I Have To Claim Sepsis Compensation Payouts In The UK?
- No Win No Fee GP Misdiagnosis Compensation Claims
In this case study, we look at a personal injury compensation claim for a GP misdiagnosis. In this personal injury claim, the victim, a 49-year-old professional woman, ended up in the Intensive Care Unit due to a mistake that was made by her doctor. This was a very serious medical error that resulted in multiple organ failure. Treatment and recovery kept the victim away from their career for over a year. The solicitor that they chose to use, was able to claim a total compensation payment over £1.2 million.
What Illness Did The Claimant Develop?
The victim visited their GP complaining of chest pains. The GP diagnosed the problem as acute gastritis, and prescribed pain medication. By the morning, the victim’s condition had become so bad, that on calling their GP, he immediately arranged for them to go into hospital. The victim was suffering from full Toxic Shock Syndrome, due to severe Sepsis. This caused multiple organ failure, and the victim spent the next three weeks in intensive care.
What Was The Settlement?
This case study is a good example of how much compensation for misdiagnosis is available in some specific circumstances. The claimant’s solicitor processed a claim for NHS misdiagnosis compensation which included a large provision for loss of current and future earnings.
Eventually, a settlement was reached, and the claimant received £1.2 million in damages, with the largest compensation provision being for the loss of earnings. This was a textbook case, showing how in some situations, it is not the injury or medical condition itself which attracts the most compensation, but the long-term effects it has on the victim’s life. At the time, this was a record settlement for such a claim.
All doctors owe their patients a duty of care. To meet this duty of care, the treatment they provide has to be of a minimum standard. The steps they are expected to take to meet this standard can vary between different professions, but the General Medical Council (GMC) offers guidance for doctors in their Duties of a Doctor.
If a medical professional breached their duty of care towards you and this led to you suffering harm that was others avoidable had you received the correct standard of care you could be eligible to make a medical negligence claim.
So, to recap, to make a medical negligence claim, you have to be able to prove that:
- A medical professional owed you a duty of care
- They failed to meet this duty
- As a result, you suffered unnecessary or avoidable harm
If you would like to check your eligibility to claim, please contact an advisor. They can evaluate your claim for free, and answer any questions you may have about the medical negligence claims process or provide examples of medical negligence payouts for UK.
You may be seeking examples of medical negligence payouts in the UK. Medical negligence payouts, such as for misdiagnosis claims, could be made up of two heads. These are called general damages and special damages.
In successful claims, you will be compensated for your pain and suffering. This is general damages. To help when assigning value to general damages, legal professionals use the Judicial College Guidelines (JCG). This document provides examples of injuries with related compensation brackets.
The table below illustrates compensation brackets from the latest edition. However, these are not guaranteed figures as every case is different.
|Very Severe (a)
|Little or no meaningful response to environmental triggers.
|£282,010 to £403,990
|Moderately Severe (b)
|The claimant will be very severely disabled, and there will be a substantial dependence on others with a need for full-time professional care.
|£219,070 to £282,010
|Permanent damage or loss of both kidneys.
|£169,400 to £210,400
|Bladder and bowels
|Double incontinence alongside other complications.
|Up to £184,200
|Colostomy due to loss of natural functioning.
|Up to £150,110
|Loss of control and function.
|Up to £140,660
|Chest – Heart and Lungs
|Pain and suffering from total removal of one lung and serious heart damage.
|£100,670 to £150,110
|Less Serious (c) (ii)
|A simple fracture to the femur, with no damage done to the arterial surfaces.
|£9,110 to £14,080
In addition to general damages, some medical negligence compensation claims may include special damages. Under this head, claimants could be compensated for any costs incurred as a direct result of their suffering. Proof of expenses may be required, such as payslips or receipts.
Special damages could include:
- Loss of earnings, including any lost pension contributions.
- Medical costs, such as for therapy, cosmetic surgery, or prescriptions.
- Carer expenses if you need any home help.
To find out if you could make a successful claim against the NHS, call our advisors.
How long you have to claim sepsis compensation payouts in the UK depends on the situation. Generally, you have three years from the date of the incident under the Limitation Act 1980. However, it could also start from the date you connected harm with negligence.
There are other exceptions as well. For example, the time limit is suspended for children under the age of 18. Before they turn 18, the courts could appoint a litigation friend to claim on their behalf. If no one makes the claim on their behalf, they will have three years from the date of their 18th birthday to claim themselves.
Similarly, the time limit is suspended for anyone who has a reduced mental capacity to claim. A litigation friend could also be appointed to make the claim on their behalf. Alternatively, if they recover their mental capacity, they will have three years from the recovery date to do so.
For more information on making a GP misdiagnosis claim and seeking sepsis compensation payouts in the UK, call our team.
Accident Claims UK can offer victims of misdiagnosis, a risk-free way to attempt to make a compensation claim against the medical professional who is at fault. We can represent you as your No Win No Fee solicitors, and process a clinical negligence claim on your behalf.
The way that our No Win No Fee claims service works, is that when we take your claim on, we won’t charge you a single penny to do so. As we process your claim, which in some cases could take months or even years, we still won’t charge you anything. If we fail to win you a compensation settlement, then the total cost of processing your cases is zero. We won’t charge you anything at all. When we are successful though, and we receive a compensation payment on your behalf, we will take our pre-agreed percentage as our fee. This comes out of the payment we received. We will then give you the rest.
As you can see, this is a financially risk-free way to make a medical negligence claim. Call Accident Claims UK today, to find out more about how our national claims service can help you to get the compensation you are eligible for.
Accident Claims UK has the experience needed to process successful claims against the NHS for our clients. We are skilled in following the medical negligence claim process, and have proven effective in claiming significant amounts from large organisations such as the NHS in the past. We have helped many victims of clinical negligence, and we can do the same for you. Simply call us on 0800 073 8801 so that we can get started on your No Win No Fee claim today.
When you call us, we will be ready to talk you through our onboarding process for new claims. Part of this process, is asking you a number of questions. These are designed to tell us what we need to know about both your injuries. Plus, the medical negligence that caused them.
Thanks for reading our guide on medical negligence claims payouts.