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NHS Negligence Claims – How Much Compensation Can I Claim?

By Daniel Archer. Last Updated 6th June 2022. 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 deserve 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.

When can you make a medical negligence claim?

As mentioned, this guide aims to inform readers who may have questions about medical negligence payouts. However, before we get started, we want to highlight that it may only be possible to start a medical negligence claim if you have evidence that establishes that a medical professional or institute has caused you harm because of negligent behaviour.

Sometimes, a patient may be injured or become ill after receiving treatment even if the medical professional which provided it followed all standard procedures correctly. In such cases, it is very unlikely that a claim could be brought against the medical professional in question or the organisation they work for. A claim may only be possible if there is evidence that the provider of the treatment breached the duty of care they owed their patient and this caused the patient new or further injury or illness. 

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.

What is the average payout for medical negligence?

No two medical negligence cases are the same. Therefore, an estimated award can’t be attributed to your claim without undergoing consultation with a legal professional first.

Medical negligence claims are all valued based on their unique circumstances, particularly in regard to what damages the claimant experienced as a result. Though two claims may be similar in that they both concern medical negligence, one may be for an allergic reaction after being prescribed the wrong medication, whereas the other may be for a misdiagnosis leading to death. Clearly, the compensation awarded for these respective claims would differ dramatically.

So, for a free consultation with one of our specialist advisors, please contact our team of medical negligence specialists today and see how much you could claim. In the meantime, please read on to learn how clinical negligence claims are valued and how NHS negligence payouts are calculated. This will all be of use if you’re wondering, “how much compensation for medical negligence?”

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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 NHS negligence claims 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 experienced negligence, you could be entitled to medical negligence payouts in the UK. 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 claims 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.

Examples of NHS negligence claims

Medical negligence cases, and payouts as well, are all unique. However, in this section, we provide some examples of when you could potentially claim for medical negligence.

It is important to remember with medical negligence claims that being injured due to a treatment does not necessarily mean you have been subjected to medical negligence. However, claims against the NHS for negligence may be possible in a variety of scenarios.

We have given a few examples in the list below pertaining to possible instances of medical negligence:

  • Misdiagnosis – You may have sought medical treatment for a certain condition or injury. If you have clear symptoms but are incorrectly diagnosed, then this could lead to your injury being made worse.
  • Prescription errors – This covers a few different scenarios. For instance, you may be allergic to certain medications. If this is stated in your medical records but you are prescribed it anyway, then this could mean you are made ill due to an allergic reaction.
  • Surgical errors – There have been instances where a patient has undergone an operation that was intended for someone else entirely. Or, the correct patient may have had the wrong procedure performed.

This list is not exhaustive; there are other forms of medical negligence. For more information on this, or answers to questions such as, ‘could I claim payouts after NHS negligence?’, get in touch with our advisors at any time.

NHS negligence statistics

Claims are made against the NHS every year for medical negligence. The NHS keep track of how much these claims cost them. When a claim is made against the NHS for negligence, the statistics are logged and then released in the NHS Resolution Annual Report.

The report for 2020/21 shows how much the NHS had to spend as a result of medical negligence claims made against them. Whilst the report doesn’t include examples of medical negligence payouts, the figures do serve well to illustrate how much the NHS spent over this period on costs associated with medical negligence.

As you can see from the graph below, the NHS spent £2,209 million on medical negligence costs.

Medical negligence statistics graph

Medical negligence statistics graph

Compensation can also be claimed if you have been injured due to negligence whilst receiving healthcare at a privately-owned medical facility.

Never Events

NHS negligence claims could also be made for Never Events. If you’re unfamiliar with these incidents, an NHS study into never events that are entirely preventable found that between 1st April 2020 and 31st March 2021, there were a total of 364 never events recorded. 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 for NHS negligence cases. Please speak with one of our specialist advisors today to learn more.

What to do if you are involved in NHS negligence

So, you’re thinking medical negligence, how much will I get?” If you fall victim to medical negligence at the hands of the NHS, it is essential to take steps to gather the evidence required to make successful NHS negligence claims. 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, “how much will I get from NHS negligence claims?” 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 to 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. And No Win No Fee is imperative to answering the question about how much compensation for medical negligence is attainable.

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 bills – could include prescription costs or treatment fees.
  • Travel costs
  • Loss of earnings – You can also claim for loss of earnings in the future if you are 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. This is particularly noteworthy for cases where it’s medical negligence, and you’re wondering, “how much will I get?”

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

If a loved one cannot make NHS negligence claims 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 it 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 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. And this would all alter the medical negligence payouts in the UK you could receive.

For more information on making NHS negligence claims for fatal injuries, please do not hesitate to get in touch.

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

Other types of NHS negligence cases include medical misdiagnosis of different conditions. You can claim if your doctor gave you a misdiagnosis and you 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 in NHS negligence claims?”

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 pursue your case further.

However, if a mistake was made during the operation, you will likely be entitled to compensation. For further information about how much compensation for medical negligence you could claim, please give us a call.

Can I claim medical negligence compensation from my dentist?

As you’re thinking, “medical negligence, how much will I get?” perhaps it’s relating to a dental accident. In this case, 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 by 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.

For more information on dental claims, and medical negligence payouts in the UK you could receive for your pain and suffering, call our team on the number above.

Can I make NHS negligence claims after three years?

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

NHS negligence claims must be within 3 years of the incident occurring, as this is the medical negligence 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 you use the date of knowledge instead of the date of the incident. So, it is worth getting in touch with us to discuss this further with you.

If you’re a child when the medical negligence happens, you would then have 3 years from the date of your 18th birthday to claim if your parents do not claim on your behalf at the time.

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

NHS negligence claims need to show the following points:

  1. Fault – to evidence the fault of a medical professional, you must be able to show they failed to uphold their duty of care to you by failing to take reasonable steps to prevent you from experiencing further or avoidable harm.
  2. Avoidable or additional harm – you must be able to show that the harm you sustained was avoidable had the medical professional acted with the correct level of care.

If you can prove that the harm you sustained in a medical negligence incident was avoidable and the fault of a medical professional’s failure, you could seek compensation. So, if you’re wondering, “medical negligence, how much will I get?” please get in touch for a free initial consultation.

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. So as you wonder how much compensation for medical negligence you could receive, you will need to provide medical evidence to support your claim.

Evidence can show:

  • The NHS medical professional failed to provide you with the minimum standard of care.
  • The medical professional breached their duty of care, which resulted in you being harmed in a way that could have been avoided.

However, the Bolam test will also be considered alongside medical evidence. This is where a team of medical professionals trained in a relevant field assess your case to determine if the expected level of care was given.

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

  • Prescribing medication that the patient is knowingly allergic to.
  • Alternatively, prescribing the incorrect medication in general.
  • Wrong dosage period or amount.
  • Dispensing the wrong medication.

Surgical negligence

  • Infection due to poor hygiene.
  • Cosmetic surgery causing disfigurement and scarring.
  • Organs perforating.
  • Leaving foreign objects in the body.
  • Operating on the wrong body part.
  • Performing the wrong operation.

Medical misdiagnosis

  • Incorrect diagnosis.
  • Misdiagnosis due to a GP missing the condition.

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 with regards to NHS negligence claims.

NHS compensation payouts guide

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 from the next, and there are so many variables. For instance, the severity of your injury and the extent to which it impacts your quality of life.

You may have come across a medical negligence claims calculator online. Many of these calculators pop up, but it is important to note that they only provide estimates of NHS negligence payouts.

In the table below, we have put together the typical NHS negligence payouts for injuries relating to clinical negligence claims. While these are just average payout amounts, they can give you a rough idea of what you may receive.

The figures are based on the Judicial College Guidelines (JCG) which provides bracket compensation figures and is often used to help value claims.

If you cannot find the injury you have sustained on the table, please do not hesitate to give us a call, and we will provide further guidance about how much compensation for medical negligence you could win.

Reason for compensationTypical compensation amountComments
BowelsUp to £184,200Cases that involve incontinence, typically complete loss of urinary control and function and natural bowel function loss.
Above-knee amputation of one leg£104,830 to £137,470The 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£97,980 to £132,990At 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£54,830 to £115,730In 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£19,070 to £54,830There will be some similarities with the cases mentioned above. However, the prognosis will be better.
Moderate psychological damage£5,860 to £19,070In 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£1,540 to £5,860The period of disability and the extent to which sleep has been impacted will largely determine the payout.
Death – full awareness£12,540 to £23,810Severe 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 £3,760 to £4,390Death when there is immediate unconsciousness after injury, and then six weeks after, death.
Death – immediate unconsciousness £1,370 to £2,790Immediate unconsciousness followed by death within a week.
Mental anguish£4,670Fear of death and expectation of end of life.

Additional Compensation Payouts – A Guide For 2022

The figures in the table above relate to general damages. As mentioned, they have been taken from a publication called the Judicial College Guidelines (JCG), which was last updated in 2022.

However, there could be additional figures included in your final settlement when making your claim against the NHS. This compensation payouts guide has already addressed general damages which cover the pain and suffering your injuries caused you. In addition, you could potentially be eligible to claim special damages.

Special damages are amounts that are intended to reimburse you for any financial losses caused by your injuries. However, you must be able to prove these expenditures by providing sufficient documentation such as receipts or payslips.

Here are some examples of the costs you could be reimbursed for under special damages:

  • Medical expenses – Some injuries may require certain prescription medication or other healthcare costs to aid in your recovery.
  • Loss of earnings – Your income may have been impacted due to your injury preventing you from working.
  • Other expenses – For example, you may have paid for a holiday you can no longer go on due to your injuries.
  • Care costs – You may require additional help performing day-to-day tasks at home. This could be a permanent or short-term arrangement.

Get in touch with us today if you want to know more about the average payout for medical negligence.

No Win No Fee NHS negligence claims

As one of the UK’s leading claims management companies, you can have complete peace of mind that our panel of our specialist solicitors all work on a No Win No Fee basis. This means that anyone can make a claim with medical negligence lawyers, irrespective of what their current financial standing is.

This is because you will only pay a success fee if you’re awarded compensation. If for some reason, your case does not go as planned, you will not need to pay solicitors 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, 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, regulated by the solicitors regulation authority.

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

There are many reasons why you should choose us as your NHS negligence claims service for your claim against the NHS, especially as you wonder how much compensation for medical negligence you could receive. This includes the fact that we have an excellent record of making successful claims against the NHS.

We have a lot of experience in this area, 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 now, 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 such as “medical negligence, how much will I get?”

Call for free advice and to start NHS negligence claims

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 begin, 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 to answer the question, “how much will I get for medical negligence?” and learn more about NHS negligence claims.

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:

How Much Will I Get For Medical Negligence FAQs

What is the average payout for medical negligence?

There are no average NHS negligence payouts for medical negligence claims as they are all valued case-by-case. The severity of damage that the claimant is suffering influences their payout. Therefore, for a free consultation, please get in touch today.

How long does a medical negligence claim take?

Some straightforward claims may only take a relatively short amount of time to resolve. For example, whoever is being accused of negligence could admit liability early on in the process.

Alternatively, some more complex claims may take longer. Although it’s possible that a claim could end up going to court, this is unlikely. The vast majority of claims are aimed to be settled before they reach the stage of going to court.

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 settle 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. Furthermore, this could include information proving that the doctor’s actions or lack thereof were poor.

What is death by negligence?

So, this is where 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. Remember this as you’re thinking, “medical negligence, how much will I get?”

How much compensation for hospital negligence could I be awarded?

It’s difficult to give a definitive figure of how much compensation you could receive for hospital negligence as each case is valued individually. There may be several factors that are considered when calculating the value of your injuries. For instance, medical evidence may be used to assess the severity of the harm they sustained and the impact the harm has had on their quality of life.

What is classed as medical negligence?

Medical negligence involves a trained medical professional causing a patient to sustain additional harm or harm that could have been avoided as a result of providing care that fell below the expected standard.

What are the three elements of medical negligence?

Each medical negligence claim must meet the three criteria of negligence. The three criteria are as follows:

  • A medically trained professional owes you a duty of care
  • They breached the duty of care they owed you
  • You sustained further or avoidable harm as a result of failing to uphold the duty of care they owed you

For more information on whether you’re eligible to claim, call our team on the number above.

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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