If you have been harmed by poor or substandard medical care provided by the NHS you could claim compensation. Whether caused by surgical errors, diagnostic delays, misdiagnosis or hospital negligence, you could be owed compensation. But how much compensation are those harmed by medical negligence awarded? In our NHS compensation payouts guide, we look in detail at figures provided by NHS Resolution in their supplementary annual statistics.
As NHS Resolution reported £2.8 billion in compensation paid out in the year 2023/24 (along with associated costs), it is crucial you understand your right to make a clinical negligence claim. In this guide, you can find information on how medical negligence claims work and how a specialist solicitor from our team could help you.
For help and guidance with your claim, please get in touch with our team.
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- Examples Of The Highest NHS Resolution Payouts
- NHS Compensation Payouts Guide – The Average Settlement Amounts
- How Can I Start A Claim For NHS Compensation?
- Get Help From Legal Expert
- More Information
Examples Of The Highest NHS Resolution Payouts
Examples of the highest NHS Resolution payouts may be found in the supplementary annual statistics provided on their website. These figures reflect damages paid to claimants for instances of negligence in various medical specialities.
In the following sections we examine how much compensation was paid out by different departments or medical specialities in the year 2023/24.
Obstetrics
£716,563,876 (CP/BD) was paid out in instances of obstetrics cases which resulted in brain damage or cerebral palsy with a further £92,686,096 being paid out for other types of claim. Obstetrics is concerned with pregnancy, childbirth and postpartum care. It may cover a very wide range of circumstances impacting a mother or child.
Birth injuries could include those caused by surgical errors during a caesarian section or where signs of foetal distress are not spotted by a midwife.
Pediatrics
A total of £129,629,985 was paid out in 2023/24 to those impacted by negligent pediatric care. Pediatric medicine deals with care for infants and children.
Claims could arise in cases where an infant’s condition was misdiagnosed, leading to delayed treatment causing developmental issues.
Emergency Medicine
NHS Resolution records £141,768,927 compensation awarded for avoidable harm caused by emergency medicine over this period. Emergency medicine involves urgent and emergency care services. These may include services provided by an A&E department or Urgent Treatment Centre.
NHS negligence claims could arise due to failures to correctly triage severe symptoms or avoidable and unnecessary delays, worsening patient outcomes. For example, failing to recognise clear symptoms of meningitis with a delay in treatment resulting in the patient needing an amputation. They would not have required this amputation had they been treated promptly.
Surgical Compensation Amounts
Surgical compensation amounts are separated into three categories:
- £80,973,861 awarded for Orthopaedic Surgery,
- £48,391,585 in compensation for General Surgery,
- and Neurosurgery compensation amounted to £47,125,423.
Surgery is a very wide field, encompassing different specialities and types of operations. As such, there are numerous ways in which surgical errors could present and cause harm to patients.
For example, a surgeon may carry out surgery on the wrong arm, causing a patient harm and delaying treatment on the correct limb.
General Medicine
£27,536,823 was paid out in compensation over this period for harm experienced in the provision of general medicine. General internal medicine deals with a very wide range of long-term and acute conditions. Areas covered may include cardiology, endocrinology and diabetes management.
Clinical negligence claims could arise where a doctor fails to correctly diagnose the symptoms of a cardiac problem. Their condition gets progressively worse, resulting in the need for more invasive treatment.
Gynaecology
A total of £38,918,751 in compensation was paid to claimants for negligent gynaecological care. NHS Gynaecology services provide care for women’s reproductive health. This could include the diagnosis and treatment of a wide range of different conditions.
Gynaecology negligence may occur where a doctor does not carry out a satisfactory examination of a patient. They fail to diagnose the clear signs of cervical cancer. The patient’s diagnosis is delayed and their condition gets worse, requiring more invasive and intensive treatment.
Radiology
Settlements paid to those harmed by negligence in radiology totalled £45,872,653. Radiology involves using diagnostic imaging (such as MRI’s and X-rays) to diagnose and monitor various diseases and conditions. Such imaging may be used by many of the other branches of medicine covered in this NHS compensation payouts guide.
An example of negligence may be where a radiologist missed a fracture on a patient’s femur, by taking an x-ray at the wrong angle. The patient was told they did not have a fracture and continued to walk on it while the fracture became more severe.
Neurology
Neurology negligence settlements paid to claimants over this period totalled £30,373,283. This is according to the NHS compensation payouts guide provided by the Resolutions website. Neurology deals with the treatment of conditions affecting the brain, spinal cord and other nerves.
Negligence may occur where a medical professional fails to correctly interpret test results and does not diagnose a patient’s brain tumour. This leads to the patient suffering a more severe degree of brain injury.
Psychiatry / Mental Health
Those who suffered harm due to substandard psychiatric or mental health care were paid a total of £26,536,325. Mental health and psychiatric services may deal with a wide range of patients and conditions.
Substandard medical care provided by a doctor could lead to them missing the clear signs of post-traumatic stress disorder. The patient is subsequently diagnosed with attention deficit hyperactivity disorder (ADHD). Their mental health then worsens due to being provided with inappropriate treatment for the condition they actually have.
Ophthalmology
Cases where people were harmed by negligent ophthalmic care were paid a total of £30,856,036 in compensation. Ophthalmology deals with the diagnosis and treatment of eye conditions.
A doctor may fail to correctly diagnose diabetic retinopathy. This delayed diagnosis leads to the condition progressing and the loss of sight in one eye.
Cardiology
Successful claims for cardiology negligence were awarded a total of £15,201,195 in this period. Cardiology is the branch of medicine dealing with diagnosing and treating conditions affecting the cardiovascular system.
A doctor may fail to diagnose an initial, more minor, heart attack as gastrointestinal distress. The patient’s cardiac condition worsens and they have a subsequent serious heart attack which could have been prevented.
Ambulance
Victims of ambulance and paramedic negligence were paid a total of £9,396,349 for harm suffered. Paramedics and ambulance staff provide emergency care to victims of accidents or those with emergency symptoms.
A paramedic may provide negligent medical treatment where they administer the wrong medication to a patient. This both makes the patient sick and worsens their original condition.
Gastroenterology
£15,345,168 was paid out to those harmed by substandard medical care in gastroenterology. This branch of medicine focuses on treating conditions affecting the digestive system, stomach, liver, pancreas and intestines.
A doctor fails to properly review a patient’s medical records, misdiagnosing a serious condition, such as Crohn’s disease, as a less serious illness, such as irritable bowel syndrome. The patient continues to suffer symptoms which could have been managed with proper treatment as well as permanent damage.
Urology
Settlements for negligent urology care totalled £15,182,191 in 2023/24. Urology is a branch of medicine focusing on the diagnosis and treatment of conditions affecting the urinary tract.
Medical negligence could include instances of a surgeon causing avoidable damage to the urinary tract during surgery. The damage causes the patient to suffer nerve damage and urinary incontinence.
Other
Other medical negligence payouts not fitting in these categories totalled £272,392,468. Medical specialties not covered above may include anaesthetics and clinical oncology.
Compensation claims could involve instances such where the wrong dose of anaesthetic was administered or where an oncologist missed the clear symptoms of cancer.
The total amount paid out in compensation across all specialities was £1,784,750,996 during this financial year. If a medical or health professional provided you with substandard care you could have a valid claim for compensation. Please contact our team for an assessment of your case.
NHS Compensation Payouts Guide – The Average Settlement Amounts
To find the average settlement amount, you would need to find out how many claimants in the given timeframe and divide it by the total compensation awarded in any given speciality. However, knowing that figure won’t be of any particular use to you or your claim due to the differences between clinical negligence cases.
For example, a claimant who suffered a severe brain injury could be eligible to claim between £344,150 and £493,000 in clinical negligence compensation. Whereas someone with less severe brain damage could be awarded between £18,700 and £52,550. These figures are guideline amounts found in the Judicial College Guidelines (JCG). Additionally, there are other factors to be considered when deciding on a settlement amount.
As we have seen in this NHS compensation payouts guide, settlements may vary depending on the nature of the harm suffered. Furthermore, medical negligence claims may be awarded 2 types of damages.
The first of these is general damages. This compensates claimants for their pain and suffering. Solicitors may refer to the JCG and your medical records when assessing the impact of substandard medical care on you.
Below you can find a table of JCG amounts for different forms of harm which may be applicable to NHS compensation payouts. Please note that the headline figure was not taken from the JCG. Additionally, this table is only included to act as a guide. If you don’t see the type of harm you suffered, please speak to an advisor for a free estimate of your claim.
| Harm Suffered | Severity | Guideline Damages |
|---|---|---|
| Multiple forms of harm + special damages, such as for medical expenses. | Severe. | Up to £1,000,000+ with special damages taken into consideration. |
| Brain damage. | Very severe (A). | £344,150 to £493,000. |
| Reproductive system - Female. | Infertility due to disease or injury + sexual dysfunction. | £140,210 to £207,260. |
| Bowels. | Total loss of natural bowel function. Claimant is dependent on a colostomy. | Up to £183,190. |
| Reproductive system - Male. | Total impotence, loss of sexual function and sterility - young person (B). | £140,220 to £181,020. |
| Bladder. | Loss of bladder control and function (B). | Up to £171,680. |
| Digestive system. | Damage from a traumatic injury (A). | £52,490 to £75,550. |
| Injuries affecting sight. | Loss of sight in one eye. | £60,130 to £66,920. |
| Post-traumatic stress disorder. | Moderately severe (B). | £28,250 to £73,050. |
| Shoulder injury. | Fracture of the clavicle (E). | £6,280 to £14,940. |
How Are NHS Payouts Calculated?
NHS payouts may be calculated by taking both general damages (as discussed above) and special damages into account. Special damages are only awarded if you can provide evidence that you experienced these financial losses in connection with the harm you suffered.
You may be compensated for expenses and losses such as:
- Your loss of earnings. Depending on how you were harmed you may have had to take time off work or no longer be able to work as you did before. In some cases loss of earnings could form a large part of your final settlement. By claiming for these losses you can ensure your ability to provide for your family during your recovery and beyond.
- Medical expenses. You may have had to pay for medical care, treatment or medication to aid in your recovery.
- Care costs. In addition to medical care, you may have required either residential or domestic care. This could include the cost of help in the home with domestic tasks such as cooking and cleaning or childcare as well as nurse visits.
- Travel costs. You could claim for the cost of traveling to and from necessary medical appointments.
These are some examples of financial losses and expenses you could claim for. For any of these losses to be taken into consideration, you must provide evidence such as invoices, payslips, estimates or receipts. An advisor could assess your compensation claim and help you determine what you could be eligible for.
Interim Payments
Additionally, you could be able to claim an interim payment. This is a payment made in advance of your final settlement and deducted from it. Interim payments could help you meet immediate expenses, such as paying for necessary medical care, physiotherapy or related costs.
Please get in touch with our team for a comprehensive assessment of your clinical negligence compensation claim.
How Can I Start A Claim For NHS Compensation?
To start a claim for NHS compensation, you must first ensure that your case meets the eligibility criteria. To make any type of medical negligence compensation claim, whether against the NHS or a private healthcare provider, you must clearly show that:
- You were owed a duty of care by a medical or healthcare professional. This will be automatically owed whilst under their care.
- This medical professional breached their duty of care to you.
- The breach caused you harm which was avoidable or unnecessary.
When you seek medical attention, the providers treating you must ensure that the care reaches the correct standard. This is the duty of care automatically owed to you. Should the correct standard fail to be met, you could suffer unnecessary harm.
Once you have ensured that you meet the eligibility criteria, the next steps in the claims process may be to ensure that you are within the time limit and collect supporting evidence.
Time Limits
The Limitation Act 1980 sets a 3 year time limit in which any compensation claim must be filed. This time limit begins on the date of knowledge. This may be the date on which the negligence took place, or when the claimant discovered they were harmed by medical care.
The time limit does not apply to individuals who are unable to manage the claims process themselves. This includes:
- Minors under the age of 18. The time limit will only begin once the harmed party turns 18.
- Those without the mental capacity to manage a claim. The time limit will only begin if they recover this capacity. If it is never regained, then a time limit will not apply.
In either case, a litigation friend may act on the claimants behalf while the time limit is not in place. Please speak to an advisor for more information.
Evidence
Supporting evidence could include:
- Copies of your medical records, obtained from your GP, hospital or other healthcare provider.
- An independent medical expert’s report. A solicitor could organise for you to be examined by a relevant medical expert who could create a report detailing the impact on your health.
- Witness statements, such as accounts from others present during your diagnosis or treatment, could be provided in support of your case.
- Diary of treatments and symptoms.
- Correspondences between yourself and medical provider, such as appointment letters.
Contact us if you have been affected by the circumstances discussed in this NHS compensation payouts guide.
Get Help From Legal Expert
You could get help from Legal Expert if you have been harmed by substandard medical care. Having a dedicated medical negligence solicitor could give you the best chance of securing a medical negligence compensation payout.
To date, our solicitors have helped people to claim over £80 million in compensation. They have decades of combined experience in helping people make successful claims. They could offer you a No Win No Fee service under a Conditional Fee Agreement (CFA). With a CFA there are no upfront solicitors’ fees. There also won’t be anything to pay for your solicitor’s work if your claim is unsuccessful. You’ll actually only pay for your solicitor’s work if the case has a successful outcome. You won’t need to worry about this, though, because your solicitor will take a success fee as a percentage of your compensation. Furthermore, a legal limit is placed on this percentage, ensuring that you receive the majority of your compensation.
A solicitor could guide you through the claims process, explain complex terms, negotiate your settlement and handle court proceedings. Our team could also help to organise,
- An independent medical assessment.
- Rehabilitation and other support services, such as physiotherapy or occupational therapy.
- An interim payment to help cover immediate expenses.
We offer a nationwide service and could help you.
Contact Our Solicitors
Contacting us connects you with experts who are ready to help pursue your claim. Our team is available 24/7 and could offer a free, no-obligation assessment of your case. Our legal team has years of high-level training and are committed to providing claimants with an exceptional service.
To begin your claim or for answers to any questions raised by our NHS compensation payouts guide, please,
- Phone our advisors on 0800 073 8804
- Send a message using our contact form.
- Talk to us now over our live chat.
More Information
Here you can find more information which could help you to make a successful claim for medical negligence.
- You can learn more about what to do if affected by GP negligence in this guide.
- Learn more about medical negligence in private hospitals here.
- Check how to make a complaint about medical care in this guide.
References.
- You can find information on fundamental standards in healthcare in this resource from the Care Quality Commission.
- The NHS Constitution for England sets out your rights as a patient.
- You can read more about your rights and responsibilities as a patient in this guide.
Thank you for reading our NHS compensation payouts guide. If you have any further questions, please contact our team.
