How Much Compensation Can I Claim for Medical Negligence?

If you have suffered harm because something went wrong with your medical treatment, you will want to understand how much compensation you could claim for medical negligence.

There is no fixed amount for a medical negligence claim. Every case is different, and the value of a claim depends on factors including the injury or illness suffered, the impact it has had on your life, whether you have lost income, the treatment or care you now require and what your future needs are likely to be.

What is medical negligence?

Medical negligence, also referred to as clinical negligence, occurs when a healthcare professional or healthcare organisation fails to provide an appropriate standard of care and that failure causes injury or other loss. However, an unexpected outcome does not automatically mean that medical negligence has occurred.

To bring a successful claim, it is generally necessary to establish that a healthcare professional owed you a duty of care, that the standard of care fell below what was reasonably expected, and that this breach caused or materially contributed to the injury or loss you are claiming for. This means that simply proving that something went wrong is not necessarily enough.

For example, complications can sometimes occur even when a doctor or surgeon has provided appropriate treatment. Equally, an illness may have progressed regardless of the treatment provided. Medical expert evidence is therefore often crucial when establishing whether negligence occurred and what difference it made.

How is medical negligence compensation calculated?

Medical negligence compensation is generally intended to put you, as far as money can, in the position you would have been in if the negligence had not occurred.

The value of your claim may therefore depend not only on the injury itself but also on the financial and practical consequences of what happened.

Compensation is broadly divided into two categories:

General damages, which relate to the pain, suffering and impact on your quality of life caused by the injury.
Special damages, which compensate you for financial losses and expenses arising from the negligence, including certain past and future losses.

The distinction is important because two people with apparently similar injuries could receive very different amounts of compensation.

For example, one person may make a relatively straightforward recovery and return to work, while another may require ongoing treatment, assistance with daily activities and specialist equipment and may be unable to return to their previous employment.

What can I claim compensation for?

Depending on the circumstances of your case, you may be able to claim compensation for a range of losses.

• Pain and suffering
• Loss of earnings
• Treatment and rehabilitation
• Care and assistance
• Travel expenses
• Equipment and adaptations
• Future financial losses

Does the type of medical negligence affect compensation?

Yes, the type and severity of the injury caused by the negligence will be important when assessing compensation.

Medical negligence claims can involve:

• Delayed diagnosis
• Misdiagnosis
• Surgical errors
• Medication errors
• Incorrect treatment
• Hospital negligence
• GP negligence
• Dental negligence
• Poor aftercare
• Birth injuries
• Cosmetic surgery errors
• Defective surgical implants
• Care home negligence

Hopkins Solicitors’ medical negligence team handles claims involving these and other forms of allegedly negligent treatment. The important issue is not simply the name of the mistake. It is what harm the mistake caused and what the consequences are likely to be. For example, a delayed diagnosis may have relatively little long-term effect in one case but may significantly worsen a patient’s prognosis in another. That difference can have a major effect on the value of a claim.

Can I claim for future losses?

Future losses can form a substantial part of a medical negligence claim, particularly where an injury has resulted in permanent disability or long-term care needs. A solicitor will normally need detailed medical evidence to establish your prognosis. Other experts may also be required to assess issues such as your future employment prospects, care requirements, accommodation needs and rehabilitation.

For example, if negligent treatment has permanently affected your ability to work, the calculation may need to consider the income you would probably have earned in the future compared with what you are now capable of earning. Similarly, if you require ongoing care, the claim may need to consider the likely cost of that care over the course of your lifetime.

This is why it is generally not advisable to accept a settlement simply because an amount initially appears substantial. Before settling, you need to understand the full extent of your injuries and future losses.

How long does a medical negligence claim take?

Medical negligence claims can take time because they often involve detailed medical investigations and expert evidence. NHS Resolution says that clinical negligence claims can involve a significant period between the original incident and the claim being reported. Its published claims information indicates an average time lag of around three years between a clinical incident and a claim being reported, while the average time from notification to settlement across its clinical claims was reported as approximately 1.7 years.

Some claims can be resolved more quickly, particularly where liability and the extent of the injury are relatively straightforward. More complicated claims, particularly those involving serious or permanent injuries, can take considerably longer.

The priority should be ensuring that your claim is properly investigated and that the compensation sought reflects the full extent of your losses rather than rushing towards an early settlement.

How long do I have to make a medical negligence claim?

In general, a personal injury claim must be brought within three years of the date of the alleged negligence or the date on which you became aware, or should reasonably have become aware, of the significant injury and its possible connection with the negligence. There are important exceptions to the standard limitation rules, including circumstances involving children and people who lack mental capacity. The court can also have discretion in certain circumstances.

The limitation rules can be complicated, particularly where the alleged negligence occurred some time ago or you only recently discovered that your injury may have been caused by substandard treatment. For that reason, it is sensible to seek legal advice as soon as possible if you believe you may have been affected by medical negligence.

Do I need a solicitor to make a medical negligence claim?

You are not legally required to use a solicitor, but medical negligence claims can be complicated. You may need to obtain and review medical records, identify the relevant allegations, obtain independent medical expert evidence and establish both that the treatment was negligent and that the negligence caused your injury. The defendant may also dispute liability or argue that your injury would have occurred even if appropriate treatment had been provided.

An experienced medical negligence solicitor can investigate the circumstances, obtain appropriate expert evidence and assess the financial consequences of your injury. At Hopkins Solicitors, our medical negligence team has experience dealing with claims involving NHS hospitals, private healthcare providers, GPs, dentists, ambulance services and other healthcare providers.

Can medical negligence claims be made on a No Win No Fee basis?

Many medical negligence claims can be funded through a Conditional Fee Agreement, commonly referred to as a No Win No Fee agreement, depending on the circumstances of the individual case. The precise funding arrangements should always be explained to you before you proceed.

A No Win No Fee arrangement does not mean that every medical negligence case can automatically be pursued without financial risk. Your solicitor should explain the agreement, any success fee, insurance arrangements and any circumstances in which you could become responsible for costs.

At Hopkins Solicitors, the medical negligence team explains the available funding options as part of its initial assessment.

What evidence do I need for a medical negligence claim?

Evidence can be extremely important. Depending on the circumstances, this may include:

• Medical records
• Hospital records
• GP records
• Prescription information
• Photographs
• Correspondence with healthcare providers
• Appointment records
• Evidence of time away from work
• Payslips and financial records
• Receipts for expenses
• Witness evidence
• Independent medical expert evidence

You should keep records of expenses you incur because of your injury and make a note of how your symptoms affect your everyday life. Your solicitor can advise you about what evidence is relevant to your particular circumstances.

What if I am not sure whether I have a medical negligence claim?

You do not need to know the legal answer before asking for advice. Many people are unsure whether what happened to them amounts to medical negligence. They may know that something went wrong but not know whether it was avoidable or whether it caused additional harm.

Hopkins Solicitors offers free initial advice for people who have concerns about medical negligence involving GPs, hospitals, carers or dentists. The purpose of seeking advice is not simply to establish whether something went wrong. It is to understand whether the standard of care was legally negligent, whether that negligence caused additional injury and whether a claim is appropriate.

Speak to Hopkins Solicitors about your medical negligence claim

If you believe that you or a member of your family has suffered harm because of negligent medical treatment, you may have a right to seek compensation.

Hopkins Solicitors’ medical negligence team has decades of experience helping people investigate claims arising from negligent treatment, including misdiagnosis, delayed diagnosis, surgical errors, medication errors, birth-related errors and poor aftercare.

Contact Hopkins Solicitors to discuss your circumstances and find out whether you may be able to make a medical negligence claim. To reach out, click the Request a Callback button below.