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NHS Compensation Payouts Guide – Learn How To Claim

By Cat Way. Last Updated 22nd September 2023. In this guide, we answer commonly asked questions in relation to potential claims for negligence by an NHS trust when there is evidence to support such a claim. Have you suffered as a result of third-party negligence on behalf of NHS trusts? If so, you could be entitled to compensation. But are you thinking, “medical negligence, how much will I get?” If this is the case and you’re wondering how much compensation for medical negligence you could claim, please continue reading this medical negligence claims guide.

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

"how much will I get for medical negligence?"

“how much will I get for medical negligence?”

If you have suffered harm after receiving medical treatment from the NHS or another healthcare provider, then it’s advisable to seek legal advice first if you want to explore the possibility of claiming compensation. If you contact Legal Expert, you can speak to our advisors about the incident which has caused you harm and they could then offer details on what your legal options may be. You can contact Legal Expert by phone on 0800 073 8804. Or you can contact our advisors online using our contact page or our 24/7 live chat service.

To learn more about NHS compensation payouts, please keep reading. You can also watch our video which gives you the key points from the guide:

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Who Could Make An NHS Negligence Claim?

Certain eligibility criteria need to be met in order to claim a payout for medical negligence. You must be able to prove that:

  •       You were owed a duty of care by a medical professional.
  •       This duty was breached.
  •       You suffered avoidable harm as a result. Together, this is known as medical negligence.

All medical professionals owe their patients a duty of care, regardless of if they work in a hospital, GP or dental surgery. Per their duty of care, they must provide you with the minimum standard of care when treating you as their patient. If you suffer unnecessary harm because they breach this duty, you might be eligible to make a compensation claim.

Evidence that you meet the eligibility requirements is needed to support hospital negligence claims. Payouts may not be awarded if you cannot prove that medical negligence occurred.

However, it is also important to note that not all harm suffered in a medical setting is eligible for compensation. If the medical professional provides a level of care that met the correct standards, but you still experienced harm, you might not be eligible to make a medical negligence claim.

If you have any questions about compensation payouts for medical negligence claims, please contact one of the advisors from our team.

Examples Of Medical Negligence

Examples of medical negligence may include:

  • The pharmacist dispensing your medication at the wrong dosage leading to avoidable organ damage.
  • A nurse failing to provide you with proper aftercare instructions following cosmetic surgery resulting in an infection and scarring.
  • An operation may have gone wrong because adequate medical notes were not kept. This could result in wrong-site surgery, causing you to need another operation.
  • Inadequate hygiene at the dentist causing an infection.
  • A doctor prescribing medication that you have a known allergy to causing a reaction.

Call our advisors if you suffered unnecessarily because a medical professional breached their duty of care. They can assess the chances of your claim successfully recovering compensation for free.

How Long Do I Have To Start An NHS Negligence Claim?

If you’ve been injured due to medical negligence payouts in the UK can generally only be claimed if you start a claim within 3 years of the incident. This is stated in the Limitation Act 1980. Alternatively, you could use the date you became aware of your injuries as the start date of your time limit, if this is later than the accident date. This is known as the date of knowledge, but it must be supported by evidence, such as your medical records.

Your time limit could be suspended if the claim is on behalf of a child. Anyone under the age of 18 cannot represent themselves in legal proceedings. A litigation friend must be appointed to do so. The time limit for such a claim is suspended until the child reaches the age of 18. Then, as with other claims, the 3-year time limit begins. This is also the date that the injured child (now an adult) can claim for themselves.

A litigation friend must also be appointed should a claim be made for someone with reduced mental capacity. As with child claims, the time limit is also suspended. However, it will begin from the date the claimant recovers to the point of being to make their own claim. Should this never occur, then the time limit remains suspended.

Get in touch if you have any questions regarding your claim. Our advisors can even provide you with examples of medical negligence payouts in the UK.

What Evidence Do I Need To Support My Claim?

A crucial part of the medical negligence claims process is ensuring you have the right evidence to support your claim. Evidence can be beneficial to a number of areas within your claim. For example, the right evidence can help establish how the negligence occurred, who is responsible, and how severely you were affected.

Some examples of evidence that you could use to prove your claim include:

  • Medical records: Your medical records show the treatment you have received and details of medications you have been prescribed. 
  • Witness statements: Taking the contact details of potential witnesses, such as a chaperone at an appointment, means that their statements can be taken at a later date.
  • Symptoms diary: Keeping a symptoms diary of how your condition has worsened, or any new symptoms that may have appeared, as a result of the harm you experienced.

Your case may also be put to the Bolam test. In this case, the actions taken by your doctor will be reviewed by a panel of specialists in that field, and they will review whether or not the standard of care you received was of the correct level. 

If you choose to work with a solicitor, they can help you find further relevant evidence. To find out if you could be eligible to pursue a medical negligence claim for an NHS compensation payout, contact our advisors.

How Medical Negligence Compensation Is Calculated

Hospital negligence payouts can be made up of up to two heads. These are general damages and special damages. The first head, general damages, is awarded to all successful medical negligence claimants. This area of compensation is aimed towards the harm you suffered as a result of the negligence, both mentally and physically.

When legal professionals evaluate this head, they may refer to the Judicial College Guidelines (JCG). This is a document that provides guideline settlement brackets for different forms of harm.  In the table below, we’ve included some relevant examples of these brackets found in the 16th edition of the JCG. Please note that they are only guidelines, not guarantees.

Injury Comments Amount
Kidney Both kidneys have either been lost or permanently damaged. £169,400 to £210,400
Kidney One kidney is lost with the other suffering no damage. £30,770 to £44,880
Loss of Sight in One Eye with Reduced Vision in the Remaining Eye (i) The remaining eye suffers a serious risk of further deterioration going beyond the risk of sympathetic ophthalmia. £95,990 to £179,770
Reproductive System: Female An injury or disease that results in infertility with sexual dysfunction. Medical complication such as failing to diagnose an ectopic pregnancy is applicable to the higher end of the compensation bracket. £114,900 to £170,280
Reproductive System: Male The male reproductive organs have been completely lost. In excess of £153,870
Chest Injury May require the total remove on lung or serious heart damage that causes prolonged suffering a pain. £100,670 to £150,110
Total Deafness and Loss of Speech Where a rubella infection may have caused deafness at an early age. This will have also affected the development of normal speech. £109,650 to £140,660
Lung Disease Lung cancer, usually in an older person, the impacts the person’s quality of life and impairs the lungs function. £70,030 to £97,330
Lung Disease A disease such as emphysema that seriously worsens the lungs function and impairs breathing. £54,830 to £70,030
Psychiatric Damage Generally – Moderate The person will have made significant improvements despite suffering with problems associated with daily and working life. £5,860 to £19,070

You may also be awarded special damages. This head of claim provides compensation for the financial harm caused by the medical negligence. For example, special damages could help you recoup the cost of travel, prescriptions, lost earnings, and childcare. These are only a few examples of what you could claim back under special damages; however, in order to claim for anything under this heading, you have to be able to provide proof of your losses.

If you have any other questions about when you could be eligible to claim against the NHS, compensation payouts, or our guide and the other information we have provided, call our team.

Could I Work With A No Win No Fee Solicitor For An NHS Negligence Claim?

If you are considering working with a lawyer to help you claim a medical negligence payout, you might benefit from hiring them under a type of No Win No Fee arrangement known as a Conditional Fee Agreement. Typically, a No Win No Fee lawyer will not ask for a payment upfront whilst ongoing costs are also usually covered.

A lawyer who works under this agreement will not expect you to pay them for their work if your claim is not successful. Should you successfully claim compensation, they’ll deduct a success fee from your award that is legally capped as per the Conditional Fee Agreements Order 2013.

Our expert No Win No Fee lawyers could help you settle your claim. Using their experience, they’ll be able to gather evidence on your behalf and cover all bases of your claim. Furthermore, they can address any questions you may have, such as, ‘what is the average payout for medical negligence in the UK?’

To find out more, you can get in touch with our advisors at any time. They’ll assess your case free of charge and can go through examples of hospital negligence claims payouts before connecting you with a specialist lawyer.

Below are some ways you can contact our friendly team:

  • Complete an online claim form
  • Call our 24/7 free advice line on 0800 073 8804
  • Pop up to an advisor using our free online chat service

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 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.

Hospital Negligence Claims

This guide will explore medical negligence that occurred in a hospital and the compensation you could receive for any further or avoidable harm you suffered

Tummy Tuck Negligence Claims

Read this guide to find out about seeking compensation for negligence following a botched tummy tuck.

Other claim guides you may find useful:

If you still have any questions about medical negligence claims, you can contact Legal Expert today using the contact details highlighted within this guide.

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    • Patrick Mallon

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.