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NHS Negligence Claims – How Much Compensation Can I Claim?

By Olivia Fitzpatrick. Last Updated 11th June 2021. Welcome to our personal injury claims guide, where we address the question of “how much will I get for medical negligence?”. Have you suffered as a result of third-party negligence? If so, you could be entitled to compensation.

While the NHS do a fantastic job, there are cases where things go wrong. From misdiagnosis to mistakes during surgery, if you have been the victim of medical negligence, you deserve to be compensated. We have many years of experience in these types of cases, and we can help you get the compensation you deserve.

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A guide to accident claims for NHS medical negligence

"how much will I get for medical negligence?"

“how much will I get for medical negligence?”

Welcome to our guide on “how much will I get for medical negligence?”.

NHS medical negligence can happen at any time, whether you’re issued the wrong medication or suffer a prescription error, receive a misdiagnosis at a routine check-up, receive an incorrect surgery or are mistreated during an illness. If you have been the victim of medical negligence, you could be entitled to compensation. In fact, the NHS has set up the NHS compensation scheme to cover claims-related expenses.

We have helped many clients to get the compensation they deserve, and we are always dedicated to securing the highest NHS negligence payouts. In this guide, we have put together everything you need to know regarding such claims. This includes eligibility, how to make a negligence claim, NHS compensation payouts and the NHS negligence claims time limit. So, read on to find out everything you need to know, and if you have any queries, please do not hesitate to get in touch.

What is NHS negligence?

NHS negligence is when you had sustained an injury because of the NHS, i.e. when you were in NHS doctors’ care. Medical negligence compensation examples include:

  • You were not warned about the risks of a particular treatment.
  • You did not consent to treatment.
  • You were given the wrong medication.
  • You were the victim of a misdiagnosis.
  • An NHS doctor failed to diagnose your condition.
  • There was a mistake made during an operation or procedure.

To learn more about “how much will I get for medical negligence?”, please read on or get in touch today.

NHS negligence claims statistics

Within this section of our guide, we wanted to take a moment to shed light on some relevant statistics. However, please keep in mind that not all of the statistics provided are in direct relation to negligence.

Naturally, many of us have complete faith in the medical professionals that provide us with support, whether that be a dentist, a GP, or even a nurse. Therefore, one of the last things you may suspect is to be injured by the negligence fo a medical professional.

Despite the measures and policies set in place, medical negligence can still occur and cause varying degrees of trauma and damage. For instance, their annual accounts report in 2019 stated that the provision for claims had increased from £6.4 billion to £82.4 billion, with the organisation receiving around 10,700 new claims. Claims were most commonly made for negligence in the following departments:

  • Emergency medicine
  • Musculoskeletal surgery
  • Pre and post-natal care

It was also reported that there were 11,682 new clinical claims and reported incidents recorded between 2019/20, showing an increase from the previous year.

Never Events

Another NHS study into serious incidents that are entirely preventable found that 205 of these never events occurred in 2020. Some of the most frequent cases related to:

  • Wrong-site surgery
  • Post-surgery foreign object retention
  • Misplaced gastric tubes and wrongly administered feed
  • Wrong-route medication administered
  • Wrong implants or prosthesis fitted

Whatever your circumstances, if you suffered medical negligence, you could be entitled to make a claim. Please speak with one of our specialist advisors today to learn more.

What to do if you are involved in NHS negligence

If you are involved in a negligence case, it is essential to take steps to gather the evidence required to make a successful claim. This includes the following:

  • Taking photos of your injuries (if applicable).
  • Keep proof of any expenses.
  • Make a note of everything that happened.
  • Keep any medical documents relating to your treatment or prescriptions.
  • Get witness contact details.

How to begin an NHS negligence claim

Before even thinking about “how much will I get for medical negligence?”, if you want to make a claim for NHS negligence, you should contact our No Win No Fee claims team today.

When you ring us, we will start by providing a free consultancy session. This gives us both the opportunity to ask each other some questions. We need to ask questions simply so we can find out the facts about your case, enabling us to advise you in the best possible manner. We can also arrange a local medical for you if required. We handle all cases on a No Win No Fee basis, which is something we explain in further detail below.

What can be claimed for after NHS negligence?

If you have been the victim of medical negligence, then you may consider taking legal action for the damages you’ve endured. When taking legal action against the NHS for medical negligence, the following could be taken into consideration:

  • General damages – This is the compensation received for the pain and suffering you have experienced.
  • Medical expenses
  • Travel costs
  • Loss of earnings – You can also claim for loss of future earnings if you are going to be off work.
  • Care claim – If you have needed help around the house while you recover, the person that has cared for, you will be able to file a care claim.

Can I make a claim on behalf of a member of family?

If a loved one has been the victim of medical negligence and cannot claim for themselves, you will be able to do so on their behalf. This is what’s called acting as a litigation friend.

Not only could this involve cases whereby the person’s injuries are so severe that they cannot claim, but also applies to cases of minors, where you could claim on behalf of a child under the age of 18 if you are their parent or guardian.

If you’re interested in learning more about claiming or you’re wondering “how much will I get for medical negligence?”, please don’t hesitate to get in touch with us today.

Claiming against the NHS for medical negligence causing death

In some cases, medical negligence can result in death. If someone you love has sustained fatal injuries because of negligence, you can make a compensation claim on their behalf.

You can sue for a fatal accident on behalf of the deceased if you are one of their family members or you are a dependant of the deceased, i.e. you relied on them financially. If this applies, you will be able to claim for funeral expenses, a bereavement award, medical expenses, punitive damages, and general damages.

For more information on suing the NHS medical negligence for fatal injuries, please do not hesitate to get in touch.

Can I claim compensation from the NHS if my doctor misdiagnosed me?

You can claim if your doctor misdiagnosed you, and you have suffered as a consequence. There are many different types of misdiagnosis claims. This includes delayed diagnosis, wrongful diagnosis, and total misdiagnosis. The amount of compensation you receive will depend on several factors. This consists of the following:

  • If the misdiagnosis has resulted in a change to your life expectancy
  • How the misdiagnosis has impacted your quality of life
  • How long your recovery time was extended by
  • The unnecessary suffering and pain you experienced because of the misdiagnosis.
  • The severity of the injury you have sustained.
  • The nature of your illness

You may have come across a misdiagnosis compensation calculator online. Still, it is essential to recognise that these only provide estimates, and so you should not take these figures as a guaranteed amount. But they could shape the answer to the question, “how much will I get for medical negligence?”

Can I claim compensation from the NHS if I suffered internal bleeding following an operation?

If you have suffered internal bleeding after an operation, you will be able to make a compensation claim so long as the NHS is to blame. If the internal bleeding was an unforeseen complication that was not caused due to a medical error, you might not have grounds to further pursue your case. However, if a mistake was made during the operation, you will likely be entitled to compensation. For further information, please give us a call.

Can I claim medical negligence compensation from my dentist?

You can claim medical negligence compensation from your dentist. Typical cases include the likes of misdiagnosis, an incorrect tooth being pulled out, and infections that were caused via dentist error. Of course, to make an NHS negligence claim, you must have seen an NHS dentist. If you haven’t, we will claim the private dentist company instead.

Can I sue the NHS after three years?

Did you know that there are time limits for suing the NHS?

Claims against the NHS must be made within 3 years of the incident occurring, as this is the personal injury claims time limit. In most cases, you will not be able to claim after 3 years as the limitation period for your case will have expired.

However, there are some exceptions to this time limit where the date of knowledge is used instead of the date of the incident. So, it is worth getting in touch with us so we will discuss this further with you.

If you were a child when the medical negligence occurred, you would then have 3 years from the date of your 18th birthday to make a claim if your parents did not claim on your behalf at the time.

Whether you’re wondering whether about your case’s time limit or you’re interested in learning “how much will I get for medical negligence?”, please get in touch today.

What evidence do I need to make an NHS medical negligence claim?

If you have been the victim of NHS medical negligence, it is crucial to gather as much evidence as possible to support your claim. You will need to prove the following:

  • The NHS owed you a standard of medical care. This is usually simple to prove. After all, the medical professional will have agreed to take you on as a patient.
  • The medical professional breached their duty of care, and this directly resulted in your suffering.

The most common types of NHS medical negligence

The nature of the negligence determines the answer to “how much will I get for medical negligence?” Now, the most common types of NHS medical negligence are as follows:

Negligent medical advice:

Prescription and medication errors

  • Medication prescribed that the patient is knowingly allergic to.
  • Medications being prescribed that should not be.
  • Incorrect dosage period or amount.
  • Wrong medication dispensed or prescribed.

Surgical negligence

  • Infection caused by poor hygiene.
  • Cosmetic surgery causing disfigurement and scarring.
  • Organs being perforated.
  • Foreign objects left in the body.
  • The wrong body part being operated on.
  • The wrong operation being performed.

Medical misdiagnosis

  • Incorrect diagnosis.
  • A condition is missed and ends up going undiagnosed.

If your case does not fall into one of the categories mentioned above, don’t worry. Give us a call, and we will be able to shed further light on your eligibility.

How much compensation will I get after NHS medical negligence?

Are you wondering “how much will I get for medical negligence”? Unfortunately, it is impossible to provide a definitive answer to this question. This is because every case involving clinical negligence is different to the next, and there are so many variables entailed. You may have come across a medical negligence claims calculator online. There are many of these calculators popping up, but it is important to note that they only provide estimates.

In the table below, we have put together the typical payout amounts for injuries relating to medical negligence claims. While these are just average payout amounts, they can give you a rough idea of what you may receive. If you cannot find the injury you have sustained in the table, please do not hesitate to give us a call and we will provide further guidance.

Updated June 2021.

Reason for compensationTypical compensation amountComments
Loss of anticipated earnings £10,000 - £400,000This is based on your future earning prospects as well as your current pay grade. There is the potential for a higher maximum payout in some cases.
Loss of benefits£5,000 - £500,000This is based on the actual income you have lost. There is the potential for a higher maximum payout in some cases.
Pain and suffering£1,000 - £200,000The level of pain and suffering you have encountered will determine how much compensation you will receive.
Funeral costs£3,000 - £10,000There is the potential for a higher maximum payout in some cases.
Mental anguish£4,380Fear of death and expectation of end of life.
Death – full awareness£11,770 - £22,350Severe lung damage or burns that results in serious pain, followed by unconsciousness three hours after, and then death within a couple of weeks. Could also refer to very severe orthopaedic injuries or extensive chest injuries, which result in eventual death due to complications.
Death – immediate unconsciousness £3,530 - £4,120Death when there is immediate unconsciousness after injury, and then six weeks after, death.
Death – immediate unconsciousness £1,290 - £2,620Immediate unconsciousness followed by death within a week.
BowelsUp to £172,860Cases that involve incontinence, typically complete loss of urinary control and function and natural bowel function loss.
Above-knee amputation of one leg£98,380 - £129,010The award will depend on a number of different factors, including the success of any prosthetics, the severity of any pain, and associated psychological problems.
Below-knee amputation of one leg£91,950 - £124,800 At the bottom of the payout bracket are cases involving a straightforward amputation with no complications. At the top of the range, we have cases involving a traumatic amputation, which tends to be the case when medical negligence has occurred.
Severe psychological damage£51,460 - £108,620In such cases, the prognosis will be very poor. There will also be marked issues with regards to how the injury has impacted the person’s life, including their work life, daily life, and relationships, as well as future vulnerability.
Moderately severe psychological damage£17,900 - £51,460There will be some similarities with the cases mentioned above. However, the prognosis will be better.
Moderate psychological damage£5,500 - £17,900In such cases, there may be some of the problems mentioned in the severe bracket. However, there will be significant improvements by the time of the trial.
Less severe psychological damage£1,440 - £5,500The period of disability and the extent to which sleep has been impacted will largely determine the payout.

No Win No Fee NHS negligence claims

When you work with us, you can have complete peace of mind that all of our solicitors work on a No Win No Fee basis. This means that anyone is able to make a claim, irrespective of what their current financial standing is. This is because you will only need to pay legal fees if we manage to secure compensation for you. If for some reason your case does not go as planned, you will not need to pay a penny of your personal injury lawyers’ legal fees.

If you were to go for a company whereby they charge per hour, instead of on a No Win No Fee basis, there would always be the risk that you would have a massive legal bill yet no compensation to fund it with, and so you would be at a loss.

This is a risk that is too big for most people, and we completely understand why, which is why we work to a No Win No Fee payment structure. You can have complete peace of mind regarding your finances, and you know that we will never waste your time – we will only take on a case if it has a genuine chance of compensation due to the No Win No Fee service that we offer.

Why choose us as your claims service for NHS negligence claims?

There are many reasons why you should choose us as your claims service for your claim against the NHS. This includes the fact that we have an excellent record of making successful claims against the NHS. This is an area that we have a lot of experience in, and you only need to look at the feedback we have received from previous clients to see that we have an outstanding reputation in the industry.

One of the main reasons for this is that we always put our clients first. We recognise that you are going through a challenging period at the moment, which is why we will work as hard as we can to secure the highest possible NHS negligence payouts for our clients. We aim to do this most smoothly and efficiently, enabling you to concentrate on your recovery while working in your case background. Of course, if you do need us for any reason, we are only ever a phone call away, and we are always happy to help and take your questions.

Call for free advice and to start a claim

Whether you’re wondering “how much will I get for medical negligence?”, you’d like some free legal advice or you’d like to start a claim, all you need to do is give us a call on 0800 073 8804. Alternatively, you can enquire online, or our live chat is always available on this page.

You will speak to one of our polite and professional advisors, who will happily answer any of the queries you have. If you are ready to get started, they will put you in touch with a No Win No Fee solicitor. We will always match you to the best solicitor based on how your case matches up with their experience. So, what are you waiting for? Give us a call today for an answer to the question, “how much will I get for medical negligence?”

Helpful links

Citizens Advice website on NHS complaints and legal action

This link takes you to the Citizens Advice website, where you will find information on taking legal action against the NHS for clinical negligence.

Citizens Advice website on NHS Hospital Complaints

This link is helpful because it provides advice on NHS hospital complaints, including what you might want to complain about and what you should do if a relative has died because of a medical accident.

How To Start a Medical Negligence Claim?

This takes you to our guide on medical negligence claims, which contains information on the different types of medical negligence claims, time limits, how to make a claim, and much more.

Misdiagnosis Compensation Claims

This link takes you to our guide on misdiagnosis claims, including details on the types of clinical negligence, why medical misdiagnoses occur, and who misdiagnosis claims are filed against.

How to make a complaint about an NHS service?

This link takes you to the NHS page on how to make a complaint about an NHS service, including the NHS complaints procedure compensation, time limits and what you should do first.

How Much Will I Get For Medical Negligence FAQs

What is the average payout for medical negligence?

There are no average payouts for personal injury claims as they are all valued case-by-case. The severity of damage suffered by the claimant will be used to calculate their payout. For a free consultation, please get in touch today.

How long does a medical negligence claim take?

A medical negligence claim generally takes between 12-18 months from start to finish.

How hard is it to prove medical negligence?

It’s important to offer evidence that negligence itself is the reason for the injury, but while this can be difficult, it’s far from impossible.

Do hospitals usually settle out of court?

Most of these cases where the evidence is substantial in the claimant’s favour are settled out of court.

How do you win a medical negligence case?

This comes by proving that a doctor, who had a relationship with the claimant, acted with negligence and caused harm to the patient.

What is proof of medical negligence?

This is proof of the relationship between the claimant and the defendant, as well as information proving that the doctor’s actions or lack thereof were poor.

What is death by negligence?

This is where a death happens as a result of someone else’s negligent actions.

What are the odds of winning a medical malpractice suit?

Around 50% of cases are successful based on the claimant having strong evidence in their favour.

What percentage do lawyers take in medical malpractice?

The maximum that lawyers can take under a No Win No Fee agreement is 25% of the potential compensation.

Thank you for reading our guide, which answers the question, “how much will I get for medical negligence?”.

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