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NHS Negligence Claims – How Much Compensation Can I Claim?

By Olivia Fitzpatrick. Last Updated 6th July 2021. Welcome to Legal Expert’s guide on NHS negligence claims, where we address the question of “how much will I get for medical negligence?”.

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 our NHS 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.

How much will I get for medical negligence?

As mentioned, this guide aims to address the question of how much compensation you could be entitled to claim. However, before we get started, we want to highlight that no two cases are the same, so an estimated award can’t be attributed to your claim without undergoing consultation with a legal professional first.

Personal injury 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 personal injury claims are valued and how payouts are calculated.

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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 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 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.

What is NHS negligence?

If you’re thinking “medical negligence, how much will I get?”, let’s start by defining the subject matter. 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 NHS negligence statistics. However, please keep in mind that not all of the statistics provided directly relate to negligence.

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

NHS negligence claims could also be made for Never Events. If you’re unfamiliar with these incidents, an 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

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.

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 billsmedical 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.

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?

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?”

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, 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.

Can I sue the NHS 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 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 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 differ from normal personal injury claims in the sense that the claimant must prove that they suffered as a result of medical negligence. To do so, the following two points must be part of any case:

  1. Fault – to evidence the fault of a medical professional, you must be able to show a lack of upholding their duty to you as their patient by neglecting professional guidelines and standards.
  2. Avoidable harm – what’s more, to prove medical negligence, you must be able to show that the harm and your suffering were avoidable and was due to a medical professional’s failure to uphold their duty of care to you.

However serious the harm due to medical negligence, if you can prove that it was avoidable and the fault of a medical professional’s failure, you could receive 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. You will need to prove the following:

  • The NHS owes you a standard of medical care. This is usually simple to prove. After all, the medical professional will agree to take you on as a patient.
  • The medical professional breach their duty of care, and this directly results 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

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

Surgical negligence

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.

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 from the next, and there are so many variables. 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.

In the table below, we have put together the typical payout amounts 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. 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. Note that this caters for both general damages and special damages.

Updated July 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

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, irrespective of what their current financial standing is. This is because you will only need to pay legal fees (also known as a success fee) 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, 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 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. 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 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 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.

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 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?

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 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?”

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

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