How is medical negligence compensation calculated?

The amount of compensation you receive for medical negligence, sometimes called clinical negligence, varies depending on numerous factors. The courts will take into consideration a variety of things around your claim, from the severity of your injuries to your financial losses. Additionally, medical negligence monetary compensation is just one aspect of a medical negligence claim. You may also wish to receive an apology from the healthcare provider as well as highlight poor practices in medical care, preventing the same incident happening to another individual. Here the medical negligence specialists at Graysons answer some of the most frequently asked questions about medical negligence compensation claims.

What is the purpose of medical negligence compensation?

Financial compensation for medical negligence is designed to compensate the claimant for any pain and suffering endured, as well as to cover any financial losses, including any future losses.

How much will I get from my medical negligence claim?

How much you get from your medical negligence claim depends on the severity of your injuries, both physically and emotionally, as well as your financial losses. The courts determine the amount of compensation you should receive for your medical negligence claim if you are unable to negotiate. The compensation amount is broken down into two categories, general damages which includes injuries, and special damages, which represents financial losses. Medical malpractice solicitors, such as the negligence specialists at Graysons, will be able to help you with your claim, ensuring it is successful and that you receive the maximum payout possible.

What is the difference between medical negligence general damages and special damages?

General damages cover physical injuries. The more severe your clinical negligence injuries are, the higher the compensation levels are likely to be. General damages include both physical and emotional injuries. If you are left disabled, disfigured or have suffered ill health as a direct result of medical malpractice in the UK, this would be covered under general damages. Emotional injuries can include anxiety, stress and depression caused by the clinical negligence.

Special damages cover the financial impact the medical malpractice has had. This will include loss of earnings, both past and present. Loss of earnings will depend on the severity of your injuries and the type of job you do. Medical injuries can lead to a disadvantage in the labour market, loss of employability, and reduction in potential earnings.

Special damages cover any care that you might need. If you lost your leg due to medical malpractice, the courts would likely reward you with compensation to cover the financial implications of this in the future. This may include personal assistance, equipment, alterations you will probably need to make to your home, ongoing treatment and therapies.

An experienced medical negligence lawyer, such as the team of solicitors specialising in medical negligence at Graysons, will be able to ensure you receive the maximum financial compensation for your medical negligence claim.

Should I use an online clinical negligence compensation calculator?

It is almost impossible to get an accurate figure as to how much compensation you would be likely to receive from an online compensation calculator as no two medical negligence claims are the same. If you believe you have been a victim of medical malpractice in the UK, you should contact an experienced medical negligence solicitor who will be best placed to give you an estimate of what level of compensation you might expect to receive.

What factors will be considered in a medical negligence compensation claim?

The courts will take into account a variety of factors when deciding how much financial compensation you should receive. Some common factors that the courts typically take into consideration include:

• The severity of your injury and the type of injury
• The amount of pain and suffering you have experienced
• Medical costs, such as the costs of ongoing treatments, medications, and care
• Loss of earnings, including future earnings. This includes salary and pension losses
• The impact the injury has had on your emotional health and day-to-day life
• The costs of making changes to your home, for example, installing a stairlift
• The costs of medical equipment – for example, a wheelchair

What is the maximum payout for medical negligence?

There is no maximum amount that the courts can award for medical negligence. Indeed, clinical negligence compensation claims have run into millions of pounds. However, these are the exception, not the norm. The amount of financial compensation you receive will be based on the severity of the ongoing disability and losses due to medical negligence. A medical negligence claim is considered on a case-by-case basis as each claim has a unique set of circumstances, with no two medical malpractice claims alike. An experienced solicitor specialising in medical negligence will be best placed to advise on the amount of compensation you will be likely to receive.

Can I receive clinical negligence compensation if the patient has already died? 

Yes.  An executor or administrator would claim on behalf of the deceased estate. Compensation may cover a pay-out for any of the deceased’s financially reliant dependents, such as a spouse or children. Compensation may also cover funeral expenses, bereavement damages, and pre death pain and suffering.

How do I know if I have a medical negligence claim?

If you believe you have a clinical negligence claim, your first step should be to contact a medical lawyer, such as the team of medical negligence specialists at Graysons. They will be able to advise whether you have a medical negligence claim and work with you to ensure a successful outcome. For a clinical negligence claim to be successful, you must be able to prove that the care you received fell below acceptable healthcare standards and that this directly resulted in a worse outcome for your health than if you had received an adequate standard of care. You need to be able to show some additional injury, disability and losses.

What does medical negligence cover?

Medical negligence covers a broad range of situations. Some of the most common medical negligence claims include:

• Delayed diagnosis
• Misdiagnosis of cancer
• Surgical errors
• Pregnancy and birth injuries
• Prescription and medication errors

Each medical malpractice case is unique. An experienced medical lawyer is the best person to advise on the level of compensation you may be entitled to receive.

Why should I use a medical solicitor for my medical negligence claim?

Suing a hospital for negligence, or a private healthcare provider can be extremely stressful, especially at what already be an emotionally and physically challenging time. A medical lawyer, such as the medical negligence specialists at Graysons, will be able to manage your medical negligence claim, ensuring the very best possible outcome. If you believe you have a claim for medical negligence, then contact our team of legal experts today.