NHS Negligence Compensation Claims Guide – How Much Can I Claim In NHS Negligence Payouts? – How To Claim?

By Joanne Jeffries. Updated 22nd July 2022. Welcome to our NHS compensation payouts guide which includes an alternative to an NHS compensation calculator. In it, we discuss NHS negligence compensation claims in detail, explaining how suing the NHS for negligence could bring you compensation. We show you how much compensation you could receive for successful claims against the NHS and provide guidance on getting a solicitor to help you with an NHS claim. We also Include an NHS compensation guide for 2022 claims and offer some insight into what damages make up NHS negligence payouts. Further to this, we give examples of medical negligence payouts, which could give you some idea of what you could receive for NHS negligence claims.  We also tell you why, when it comes to medical negligence payouts, a compensation calculator for NHS negligence claims might not give you the full picture of your compensation. 

NHS compensation payouts guide – What does It Include?

On this page, you will find a full and detailed guide to making a claim for NHS negligence compensation and the process of suing the NHS for negligence. Each year in the UK there are billion of pounds claimed in compensation for NHS negligence for the effect on the quality of life it leaves people with. If you have come to harm at the hands of your doctor, then this guide is for you. It explains how negligence can happen, and the process of making a personal injury claim so you can receive compensation with the help of a medical negligence solicitor.

What to do after reading this NHS compensation payouts guide?

If you feel you are already in a position to begin a claim, and would like to skip reading this guide, then contact Accident Claims UK on 0800 073 8801 now. We will explain our claims service, and help you begin the process of claiming compensation from the NHS.

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A Guide To Making An NHS Negligence Compensation Claim

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NHS compensation payouts

This guide to making personal injury claims for cases of NHS negligence is aimed at anyone who believes that their medical condition has deteriorated due to the actions of their doctors. Medical negligence is very common in the UK, and the NHS has a process in place to deal with any clinical negligence complaints.

 

How this NHS compensation payouts guide could help

This guide will educate you about the entire process of making a claim against the NHS so that you understand what your solicitor will need to do whilst they are representing you. It also covers important information such as the personal injury claims time limit. You won’t find any online personal injury claims calculator here, we believe they are far too inaccurate and give victims of NHS negligence the wrong idea about how much they might claim. What you will find, is a table that shows typical amounts of compensation paid for a range of injuries.

If, once you have read this guide, you need additional information, or have any questions, then please contact Accident Claims UK on the number at the bottom of this page. We could help you understand what constitutes a breach of duty of care, how to take action against NHS trusts, and how we could help you get a compensation award on a No WIn No Fee basis.

What Is Clinical Negligence In The NHS?

Clinical or medical negligence occurs when a medical professional causes harm to a patient through accident, mistake, oversight, lack of care or some other way that sees them fail in their duty of care.

NHS compensation payouts guide – what do negligence cases involve?

Every case of NHS negligence has the three following traits:

  • The medical professional involved will have had a clear duty of care towards the patient.
  • The medical professional, in failing to meet their duty of care, has caused harm to the patients’ health.
  • The medical professional could have avoided failing in their duty of care.

It is that simple. If you can tick all three boxes above, then you should be able to employ personal injury solicitor a to claim compensation form the NHS.

Statistics For Negligent NHS Treatment In England And Wales

nhs-negligence-statistics-nhs compensation payouts guide

Source: https://www.statista.com/statistics/681148/satisfaction-with-medical-care-in-the-united-kingdom-by-household-income/

Looking at the graph above, at first glance it seems that the UK public is generally very happy with the service the NHS offers. However, consider for a moment that in 2017, over £1.6 billion was paid out by the NHS in medical negligence compensation. The figure is closer to £3 billion if we were to include private healthcare providers.

NHS compensation payouts guide to potential acts of negligence

In 2015, there were on average, 2,700 potential acts of clinical negligence per day in the UK. Of course, not all of these were proven to be valid cases, and the number of successful is much lower.

If you feel that, in your case, the instance of medical negligence is entirely the fault of the medical staff, then you need a personal injury lawyer such as Accident Claims UK to represent you. Call us at the number at the bottom of this page to find out more.

What Are the Most Frequent Forms Of Negligent NHS treatment?

Part of the answer to the questions, how much could my medical negligence claim be worth? is how severe the act of negligence was. There are four main categories of clinical negligence in the NHS, and these are:

  • Gross negligence – the most serious of all clinical negligence cases fall into this category. Gross negligence means that the medical professional has disregarded the health of their patient to such a degree, that they risk criminal charges and losing their medical license. For example, a surgeon who performs an operation whilst they are drunk.
  • Vicarious liability – in this type of negligence case, it is the NHS itself rather than a single medical practitioner that is to blame. For example, if a patient comes to harm due to insufficient care being provided by the entire nursing staff due to bad management.
  • Comparative negligence – in this type of negligence case, the patient will share some of the blame for the harm they have come to. For example, if a patient has taken the wrong dose of a dangerous medication, due to their doctor not explaining the does properly. Both parties share guilt in this case.
  • Contributory negligence – in this type of negligence case, it is found that the patient was the entire cause of the harm that they have come to, and that their doctor is not guilty at all. For example, taking an overdose of painkillers even though they have received proper instruction on dosage from their doctor.

Based on the information above, you should now be able to recognise which category your own case fits in to. If you can’t, then call Accident Claims UK on the number at the bottom of this page and we can help you to identify the category most fitting for your own case.

Can I Make An NHS Negligence Claim For A Family Member?

The answer to the question, can I claim against the NHS for negligence suffered by a family member? Is yes. It is entirely possible under UK law to make NHS negligence claims on behalf of a family member if they cannot do some themselves.

NHS compensation payouts guide for family members

For example, if negligence has left a family member without the mental faculties to make their own claim, then as their legal representative you’ll be able to deal with a legal team to arrange a claim.

Furthermore, if negligence has resulted in the death of the breadwinner of the family, then their dependents and their estate will have a legal right to pursue a compensation claim against the NHS.

If you have lost a loved one through death by medical negligence, contact Accident Claims UK on the number at the bottom of this NHS compensation payouts guide so that we can help you claim the maximum amount of compensation possible from the NHS.

Negligent NHS Treatment Leading To Death

Suing the NHS for the death of a patient is a slightly different process to claiming for non-lethal cases of medical negligence. In these cases, the patient, obviously, cannot make their own claim. In these instances, the following legal entities will have a right to claim compensation from the NHS:

  • Dependants of the deceased – when a person dies, leaving a spouse or children behind, then the surviving dependents will have the ability to make a compensation claim against the NHS.
  • A family member of the deceased – when no dependants exist to make a claim, the immediate family members of the deceased, such as sisters, brother or parents, will be able to make a compensation claim against the NHS.
  • The estate of the deceased – if the death of the patient causes hardship for the estate of the deceased, it can claim compensation in its own right. For example, if a business loses its founder and guiding force, resulting in losses, it can claim damages.

If you are a dependant, family member, or a representative of the estate of a person that has died due to clinical negligence, call Accident Claims UK on the number at the bottom of this page so we can begin to help you.

Making An NHS Claim For Medical Misdiagnosis

When we examine medical negligence examples, we find that misdiagnosis claims are one of the most common forms that negligence takes. It is also potentially one of the most harmful forms of negligence.

NHS compensation payouts guide example of misdiagnosis

For example, if a patient with an advanced case of cancer is denied the correct treatment due to misdiagnosis, it can have potentially life-threatening repercussions.

If you or a loved one has been the victim of misdiagnosis, contact Accident Claims UK on the number at the bottom of this page to make a claim against the NHS.

How To Make Successful Claims Against The NHS For Internal Injuries

If you have suffered some form of internal injury, possibly due to a badly carried out surgical procedure, then it should be possible to make successful claims against the NHS.

However, you will need to prove without a shadow of a doubt, that the internal injuries were caused by your doctor and not some other cause. To do this, you may need to get an impartial, expert medical opinion to support your case.

Accident Claims UK can arrange for you the receive a medical examination from a local doctor in your area. Contact us at the number at the bottom of this page to proceed.

Claiming Compensation For Dental Negligence

Medical negligence is not limited to doctors and hospitals, it can happen anywhere that a medical professional has a duty to care for a patient, including your preferred dental practice.

Many cases of dental negligence result in facial scarring, and in these cases, the compensation settlement will need to factor in mental anguish and trauma. Accident Claims UK understands how facial scarring can lead to psychological stress, so call us on the number at the bottom of this page to claim the maximum amount of compensation possible.

What Evidence Helps You To Make An NHS Negligence Claim?

Gathering evidence to support your medical negligence claim is far from simple. There will be no witnesses to the event, and you likely won’t have the medical knowledge to disprove what your doctor is telling you yourself.

One of the main pieces of evidence you can get to support your claim is an independent medical opinion from an expert in the right specialisation. For example, if you have suffered a serious injury to your back through clinical negligence, you would need to be examined by a professional chiropractor. The results of this examination would form a medical opinion which can be submitted in support of your claim.

Accident Claims UK can arrange for you to be examined by a local doctor, with the goal of producing an impartial medical report to be used as proof of your negligence claim. Call us at the number at the bottom of this page to proceed.

NHS Negligence Compensation Claims Time Limit

Under the current NHS compensation scheme, there is a three-year NHS negligence claims time limit, from the time the incidence of medical malpractice took place, in which you must file your compensation claim.

In certain (rare) cases, this time limit can be extended. However, it is much safer to assume it cannot be extended and that you have only three years in which to claim.

If you have left it too long to make your claim, and you are approaching this NHS claims time limit, contact Accident Claims UK on the number at the bottom of this page, so that we can expedite your claim, and meet the tight claims deadline.

What Steps Should I Take After Being Harmed by Negligent NHS Treatment?

If you have been harmed by negligent NHS treatment, then there are a number of things that you can do to maximise your chances of making a successful compensation claim, and these are:

Write down the timeline – make a note of the events that lead up to the medical negligence, so that they are clear in your mind, and you don’t make any mistakes with the facts, which could lead to you losing your claim.

Get an independent medical opinion – if you can, get a second opinion. Accident Claims UK can help with this.

Document your losses – if you have lost income through missing work or have had to pay out of pocket expenses such as travel costs or prescription charges, list them.

Once you have done these things, contact Accident Claims UK on the number at the bottom of this page to begin your claim.

How To Start Your Claim for NHS Negligent Treatment

Beginning your NHS compensation claim is very easy. Just call Accident Claims UK and we will walk you through the rest of the process. We will begin by asking you questions such as:

  • When did the medical negligence take place?
  • Which hospital or clinic did the negligence take place in?
  • How has your health been negatively affected by the clinical negligence?
  • Who was the medical professional who has been negligent?
  • What is the prognosis of your medical condition? Will you make a full recovery, or will you have a permanent health problem?
  • Have you had any financial losses due to the clinical malpractice?

Once we have the answers to questions such as these above, we will have a much clearer view of your case, and we can offer you some free legal advice on what we believe you next move should be. Contact us at the number at the bottom of this page to begin this process.

What Can I Include In An NHS Negligence Payout

When we look at NHS negligence claims statistics, we find that settlements typically comprise of multiple types of damages. It could be important to note that there are two main categories of damages that make up a claim, and these are:

  • General damages – under this heading, we find all of the tangible, physical aspects of your medical condition. This means pain and suffering, both physical and mental, as well as any long-term or permanent effects of the negligence on your health.
  • Special damages – under this heading, we find all of the less tangible, financial and lifestyle aspects of your medical condition. This means loss of earnings, medical expenses out of pocket expenses, and any long-term negative effect upon your ability to work.

To find out exactly what types of damages you can claim in your negligence case, contact Accident Claims UK on the number at the bottom of this page.

Medical Negligence Payouts – What Is A Compensation Calculator for NHS Negligence Claims?

You might be wondering how much compensation you could be owed following a successful medical negligence claim. However, there are several factors taken into account when valuing your compensation. For example:

  1. The severity of the harm you sustained due to negligence
  2. The long-term impact on your health
  3. How the harm has impacted your quality of life
  4. The emotional impact on your life

Due to the factors taken into account when valuing claims, an NHS compensation calculator may not give an accurate estimate of how much your claim is worth. Instead, we have created a table containing figures from the Judicial College Guidelines. This publication’s latest release was in April 2022, and these figures come from that edition. Solicitors can use these figures to calculate the general damages head of claim which accounts for the pain and suffering caused by the harm you sustained due to negligence. The figures are only guidelines.

InjurySeverityNotesCompensation
Paralysis (Quadriplegic) Full and total paralysis£324,600 to £403,990
Paralysis (Paraplegic) Partial paralysis.£219,070 to £284,260
Brain InjuryVery SevereBrain damage which leaves the victim with no chance of normal living.£282,010 to £403,990
Brain InjuryModerately severeBrain damage which will leave the victim with a life-changing permanent disability.£219,070 to £282,010
Brain InjuryModerateBrain damage which will leave the victim with permanent impaired mental faculties.£43,060 to £219,070
Brain InjuryMinorBrain damage which will leave the victim with minor mental issues such as inability to concentrate.£2,210 to £12,770
Mental DamageSevereSuch as serious cases of post-traumatic stress disorder.£59,860 to £100,670
Mental DamageModerately severeSuch as cases of post-traumatic stress disorder which last some time.£23,150 to £59,860
Eye InjurySevereEntire lost of site in either one eye or both eyes.In the region of £268,720

For more information on when negligence claims against the NHS could be justified, call our team.

Need more information?

If you cannot see your injury below, please call the team for guidance. We would be happy to assess your case and provide further guidance over the phone. We could also provide you with a No Win No Fee solicitor to assist with your claim for compensation. 

No Win No Fee Clinical Negligence Claims Against The NHS

If you want to make an NHS claim and would prefer a lawyer to help you, you might be worried about how much it could cost. Some people could be wary of using a solicitor, believing that they would need to pay huge upfront payments to get started. However, with No Win No Fee claims this wouldn’t be a concern as you wouldn’t pay anything until your settlement came through.

At the beginning of your NHS claim, your lawyer would ask you to sign a Conditional Fee Agreement, which contains details of their success fees. These would be a small percentage of your total payout, and would only be due once compensation came through. Once the document is signed, your solicitor would be able to begin your claim for you, and they’d fight for the maximum compensation possible for you.

 

When your settlement is paid, your solicitor deducts the success fee, leaving the balance for your benefit. If, for any reason, your claim wasn’t successful, the success fees would not be payable, nor would the costs your solicitor incurred while working on your claim. To learn more about such claims, why not speak to our team?

How We Help People Make Successful Claims Against The NHS

Accident Claims UK has a track record going back more than 30-years in winning compensation payments across a wide range of cases. We have the experience and knowledge required to take on large organisations such as the NHS and win.

Our advisors use plain English, not legal jargon to keep you updated on the status of your claim at all times, and to answer any questions you may have. We keep our client’s needs at the forefront of everything we do. Offering a truly customer-centric claims service, which has proven exceptionally effective in winning NHS negligence cases.

Contact Accident Claims UK Today To Maximise Your Chances Of Making Successful Claims Against The NHS

If you are ready to begin your claim for compensation against the NHS for medical negligence, whether you’re seeking NHS compensation payouts for 2020 cases or those that happened this year, then call us now on 0800 073 8801. We will spend a little time learning the details of your case, before offering you some free legal advice on what you should do next.

Useful Links Relating To NHS Negligence Compensation Claims

How to complain to the NHS

On this link you will find information on how to complain to the NHS.

At the link below, you will find information on medical malpractice in the UK published by the Library of Congress:

Information on medical malpractice in the UK

At the link below, you will find a research report covering medical malpractice compensation in the UK:

Research report on compensation for medical malpractice in the UK

At the link below, you will find a research report covering clinical negligence in the UK:

Research report on clinical negligence in the UK

NHS compensation payouts guide FAQs

How much compensation comes from successful claims against the NHS?

Are you wondering how much compensation comes from successful claims against the NHS? If so, we should show you the figure paid out by the NHS in 2020/21 from the NHS Resolution report. As you can see from this NHS compensation payouts 2020 graph, there is a huge amount of money that has been paid out in clinical negligence in this period. This includes legal costs and fees as well as compensation settlements.

NHS compensation payouts 2020* NHS compensation* NHS claim* suing the NHS for negligence claim against the NHS NHS negligence claims statistics successful claims against the NHS* NHS compensation payouts guide*

 

NHS compensation payouts guide to prescription errors – can I make successful claims against the NHS

Whether you are issued with a new medication or have a prescription for a medication you take regularly, your doctor should ensure the prescription they issue is correct. It must not only be the correct medication, but it must also be the correct dosage. Wrong dosages of medication could cause all manner of problems. An overdose could cause you to become very ill, while an underdose may not treat an infection adequately, so you may need further treatment. Furthermore, doctors must ensure that they don’t prescribe you medication you’re allergic to, or medication that causes a drug interaction with other medication you’re taking. Should this happen to you, you could be eligible to claim compensation.

NHS compensation payouts guide – how do I prove my injury/illness?

You would need to obtain an independent medical report as part of your claim. The report would come from an independent medical expert. You’d visit them during the course of your claim and they would assess your medical notes, if relevant, as well as your condition and prognosis. They may ask you some questions about what has happened to you and how you have been impacted. Once they have all of the information they require, they will set about creating a medical report that could be used to provide evidence of your condition and the professional’s opinion on your likely prognosis. This could be used to determine your level of compensation for your NHS claim.

How do I go about suing the NHS for negligence?

Have you read through this NHS compensation payout guide? Are you still unsure as to whether you could claim? If so, we could help. When it comes to making an NHS claim, our team could talk you through what’s involved in making successful claims against the NHS. We would be happy to talk to you about the experience you had. Plus, we could ask how it has affected you. We could even give you some insight into NHS negligence claims statistics. No matter whether the negligence came from a GP, the hospital or a walk-in centre, we would be able to assess your eligibility. We could assist you in starting a claim with the help of one of our No Win No Fee solicitors.

Could I make an NHS claim against an optician for negligence?

This would depend on where you went for your treatment. If you went to an NHS optical care provider for your eye appointments and treatment, it might be that your claim is against the NHS. However, if you visit a high street optician, and suffer negligence you could receive compensation from the optician. This could be a Boots optician, Vision Express or Specsavers, for example. If you are not sure who your claim would be against despite reading this NHS compensation payouts guide, but you know you have suffered undue harm due to negligence, please call our team. We would be glad to help you.

What incidents could lead to NHS medical negligence payouts?

There are lots of potential incidents that could lead to NHS medical negligence payouts following a successful claim. Simply put, you could make a claim for NHS negligence if you have suffered harm as a result of a medical professional failing to provide the minimum standard of care. Potential incidents could include:

Our team could assess your case to see if you could be eligible to make an NHS negligence claim. 

What damages could be payable in successful claims against the NHS?

Successful claims against the NHS could mean you receive a settlement comprising compensation for different damages caused by the harm you sustained. These include:

  • General damages: These are the compensation payouts for the suffering, pain and loss of amenity caused by your injuries.
  • Special damages: These compensate you for the financial impact the harm you sustained has had. 

If you are unsure as to what damages could be included in your claim, please call our team. We could help to determine what damages you could be eligible to claim. Our No Win No Fee solicitors could make sure you claim everything you are eligible for. They could help you when making claims for NHS negligence.

Where can I find an NHS compensation payouts guide for 2022 claims?

If you’re looking to seek compensation in 2022, this NHS compensation payouts guide could help. It includes a compensation table with figures from the 2022 edition of the Judicial College Guidelines. The table could work as a good alternative to an NHS compensation calculator. Such a tool can only provide a rough estimate of what your claim could be worth.

The table includes a range of  bracket medical negligence payouts corresponding to different injuries. You should only use them as a guide because your actual settlement will vary.

If you cannot see the injuries you sustained in our NHS compensation calculator table, please call our team. Our team could give you further examples of medical negligence payouts as well as discussing your potential claim.

Could I receive NHS negligence payouts for a needlestick injury?

If you experienced a needlestick injury due to NHS negligence, payouts in successful claims could comprise general damages.

This head of claim awards compensation for the pain and suffering caused by your injury. It takes into account both physical and psychological injuries you may have sustained.

You could also receive another head of claim called special damages. This accounts for any financial expenses caused by the needlestick injury. 

What causes needlestick or sharp injuries?

There are various causes of needlestick or sharp injuries that could lead to you claiming NHS negligence payouts. In order to hold a valid claim, you must prove that a trained medical professional failed to provide you with the correct level of care. This must have resulted in you sustaining avoidable or additional harm.

Call our team for more information.

Final words on suing the NHS for negligence

Thank you for reading our NHS compensation payouts guide. Hopefully you now have an idea of how to make successful claims against the NHS. If you would like our assistance with NHS negligence compensation claims, please don’t hesitate to get in touch. Our team would be happy to furnish you with NHS negligence claims statistics or help you make an NHS claim.