How Is Medical Negligence Compensation Calculated And When Could I Claim?
This guide explains, “How is medical negligence compensation calculated?”. Medical negligence is when a patient suffers harm that should have been prevented (otherwise known as avoidable harm) due to a medical professional failing to provide the correct standard of care.
For all successful medical negligence cases, numerous factors need to be considered to determine a claim’s worth. In the first section of this guide, we explain those factors. We will also explain the different forms of compensation you may be awarded for a successful clinical negligence claim, and provide you with a guideline compensation table to help you understand how much the harm you have suffered may be worth,
We also discuss at what point someone has a valid medical negligence claim, with some brief examples of how a medical professional could breach their duty of care. If you do have a valid compensation claim after experiencing medical negligence, you may be able to claim compensation with one of our solicitors on a No Win No Fee basis. At the end of this guide, we explain what No Win No Fee agreement is offered by our medical negligence solicitors and how it can greatly benefit you when claiming compensation.
It is free to contact our team to discuss your case. Our advisors can support you and help answer any questions you may have about the claiming process. They are available 24/7 through these contact options:
- Call 0800 073 8804
- Enquire about your potential claim online.
- Use our live chat box.
Jump To A Section
- How Is Medical Negligence Compensation Calculated?
- How Much Medical Negligence Compensation Could I Be Awarded?
- Am I Eligible To Claim For Medical Negligence?
- Why Claim With A No Win No Fee Medical Negligence Solicitor?
- Learn More About How Medical Negligence Compensation Is Calculated
How Is Medical Negligence Compensation Calculated?
When a medical negligence claim is successful, the person will receive financial compensation for how the negligence affected them. These effects are separated into physical, psychological, and potentially financial.
General Damages
General damages is the head of loss which awards compensation for how the medical negligence has affected you physically and psychologically. Some factors that are taken into consideration when this head of your claim is being calculated include:
- The type of harm you suffered and its severity.
- How your emotional health has changed.
- How your quality of life has been impacted.
- How long your medical treatment and recovery period is.
You may be able to use a medical negligence claims calculator to help you gain a clearer idea of how much compensation you could receive in general damages. A medical negligence calculator works by asking you what harm you suffered and how severe your pain is.
Special Damages
Special damages is the head of loss which awards compensation for how the medical negligence has affected you financially. This head of loss also covers any future financial losses which you may incur due to the medical negligence. As such, here are some financial losses which may be able to be claimed under special damages:
- The costs of medical treatments and prescriptions.
- The costs for medical equipment, such as a wheelchair.
- Lost earnings due to taking time off work to recover. This includes any projection pension payouts if your future employability is affected.
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How much travelling to and from hospital appointments have cost.
- Professional care costs if you required help at home.
By being awarded special damages, your financial position should be restored to what it was before you experienced the medical negligence.
However, you need to keep evidence of the financial losses you are claiming for. For example, payslips, invoices, receipts, and bank statements can be used as evidence.
If you still have any questions regarding how medical negligence compensation is calculated or how to use a medical negligence claims calculator please don’t hesitate to have a chat with us.
How Much Medical Negligence Compensation Could I Be Awarded?
To help determine how much compensation you could receive under general damages, you might be asked to attend an independent medical assessment sometime throughout the case process. The reports conducted from this assessment can be looked at by those in charge of valuing your claim.
They may also look at the Judicial College Guidelines (JCG). The JCG documents different guideline compensation amounts for different forms of physical and psychological harm.
Guideline Compensation Table
There are many types of different physical and psychological effects that could be suffered from medical negligence. However, we have taken a small selection from the JCG, along with their guideline compensation amounts, to give you a rough idea of what could be awarded. Please note, however, that the first entry has not been taken from the JCG.
Also, note that no set compensation amount can be guaranteed for your potential claim since all cases are different and unique.
| Harm Suffered | Severity | Guideline compensation amounts | Notes |
|---|---|---|---|
| Multiple types of serious harm with financial impacts | Serious | Up to £500,000+ | A compensation amount for sustaining multiple types of serious harm with their financial impacts such as lost wages, professional care costs, and home adaptations. |
| Kidney | Serious/permanent damage or loss (a) | £206,730 to £256,780 | To both kidneys. |
| Loss of one kidney (c) | £37,550 to £54,760 | The remaining kidney is fine. | |
| Bowel | Double incontinence (a) | Up to £224,790 | With other medical complications, there is no bowel or bladder control or natural function. |
| Total loss of natural function (b) | Up to £183,190 | The person will depend on a colostomy. The award will depend on the person's age. | |
| Female reproductive system | Infertility (a) | £140,210 to £207,260 | Including cases of significant medical complications such as failing to diagnose an ectopic pregnancy. |
| Failed sterilisation (g) | In the region of £12,450 | That leads to an unwanted pregnancy, but there are no serious psychological impacts. | |
| Bladder | Serious impairment of control (c) | £78,080 to £97,540 | Along with some pain and incontinence. |
| Male reproductive system | Uncomplicated sterility (d) | £68,430 to £87,080 | There will be no impotence or any aggravating features for a young person with no children. |
| Spleen | Loss of spleen (a) | £25.380 to £32,090 | Where the risk of internal disorders and infections are continuing due to the immune system's damage. |
If you want to find out how much compensation your potential medical negligence claim could be worth, please contact us.
Am I Eligible To Claim For Medical Negligence?
All medical professionals and healthcare professionals owe a duty of care to all of the patients under their care. To comply with this duty, they are expected to always deliver the correct standard of care. If they deliver a standard of care that is substandard and falls below this minimum expectation, this is considered a breach of their duty of care.
For example, if a GP prescribed a medication to you that contained something you were allergic to, and they were aware of this allergy as it was stated in your medical records, this could cause you to suffer an allergic reaction. This could be classed as GP negligence.
As such, if you can prove each of the criteria below, then you could have an eligible medical negligence claim:
- You were owed a duty of care by a medical professional.
- They breached this duty.
- As a result of this, you suffered avoidable harm.
Time Limits In Medical Negligence Claims
There is a standard 3-year time limit for most medical negligence claims, as the Limitation Act 1980 states. The time limit begins from the date the medical negligence took place or the date you first became aware of the medical negligence. This is sometimes referred to as the date of knowledge.
However, the time limit is paused if the claimant lacks the mental capacity to claim on their own. While it is paused, a litigation friend can be appointed by the courts to claim on their behalf. Should they regain this capability and no claim has been started, the claimant will have 3 years to begin their own legal proceedings from the date they recovered this mental capability.
Additionally, those under the age of 18 who have suffered medical negligence will have the time limit paused until their 18th birthday, at which point they will have 3 years to begin their own medical negligence claim. A litigation friend could begin this process on their behalf prior to the claimant’s 18th birthday.
Our team can give you more details about the medical negligence claims time limit and its exceptions. They can also confirm whether you are eligible to claim clinical negligence compensation and answer any questions you may have regarding how medical negligence compensation is calculated.
Why Claim With A No Win No Fee Medical Negligence Solicitor?
If you have an eligible clinical negligence compensation claim, our team can connect you with one of our specialist No Win No Fee medical negligence solicitors. Our solicitors have years of experience working on various clinical negligence claims. Some of the services they can offer to you include:
- Help with gathering evidence to support your case, such as medical records and eyewitness statements.
- Ensuring your claim is submitted within the time limit.
- Explaining any legal jargon that is used throughout the claiming process that you might not understand.
- Ensuring you receive a fair compensation settlement by negotiating this on your behalf.
Additionally, if one of the No Win No Fee solicitors on our team agrees to take on your case, they may offer their services to you under a Conditional Fee Agreement (CFA).
Here are some reasons why it is greatly beneficial to be represented by a solicitor under a CFA when making your claim:
- You will pay no upfront fees for the work that your solicitor does.
- You will pay no ongoing fees for the work that your solicitor does
- If your claim is unsuccessful, you will not pay any fees at all for the work your solicitor has provided.
If your claim is successful, your solicitor can take a success fee out of your compensation. A success fee is a legally capped percentage. This percentage will be discussed with you prior to the claiming process beginning.
Start Your Case
Talk to our team to see if one of our expert solicitors could help you with your case. Our advisors can also help answer any questions you may still have, such as ‘How is medical negligence compensation calculated?’. You can speak directly with an advisor for free if you:
- Call 0800 073 8804
- Enquire about your potential claim online.
- Use our live chat box.
Learn More About How Medical Negligence Compensation Is Calculated
Below are a few of our related guides:
- How to prove medical negligence and what evidence you should gather.
- Find out what the average payout is for cancer misdiagnosis in successful cases.
- Find out what the average payout is for medical negligence resulting in death if you are looking to claim on behalf of someone else.
Below are some pages which might provide you with useful information:
- Gov.UK – how to receive Statutory Sick Pay (SSP) if you’re too ill to work.
- Royal College of Nursing (RCN) – information on a nurse’s duty of care.
- General Medical Council (GMC) – information on a doctor’s expected good medical practice.
Thank you for reading our “How is medical negligence compensation calculated?” guide. We hope to have answered your questions. If not, you can always contact a friendly member of our advisory team.
