Have you visited a hospital for a routine procedure, like minor surgery or a medication review, only to leave with worse health, unexpected pain, or new medical issues? If so, you might be facing medical negligence (also called clinical negligence). This heartbreaking situation can happen to anyone, but the good news is you may be entitled to compensation.
In this simple guide, we’ll explain what medical negligence is, how much compensation you could claim, and how National Claims can connect you with experienced solicitors to support your case. Let’s dive in.
What is Medical Negligence?
Medical negligence happens when a healthcare provider (a doctor, nurse, dentist, or even an institution like a hospital) fails to meet the standard of care expected in their profession, resulting in harm or injury to the patient. This might mean:
- Misdiagnosing or delaying a diagnosis of a condition
- Providing the wrong treatment or medication
- Making mistakes during surgery
- Failing to warn about or properly manage risks
Not every mistake qualifies as medical negligence, though. To prove negligence, you need to demonstrate three things:
- Duty of Care: The healthcare provider owed you a standard of care.
- Breach of Duty: They failed to meet this standard.
- Harm Caused: The breach of duty directly caused harm or worsened your condition.
Types of Medical Negligence Claims
Medical negligence cases can vary widely. Here are some examples:
- Misdiagnosis: When a healthcare provider misinterprets symptoms or test results, leading to a delayed or incorrect diagnosis.
- Surgical Negligence: This could involve wrong-site surgery, leaving surgical instruments inside the patient, or causing avoidable damage to other organs.
- Medication Errors: Prescribing the wrong medication or dosage.
- Birth Injuries: Cases involving harm to the mother or child during childbirth.
Each type of claim can impact how much compensation for medical negligence you might receive.
General Damages vs. Special Damages: What They Mean
In medical negligence claims, compensation is usually divided into general damages and special damages.
- General Damages: This covers compensation for pain, suffering, and loss of amenity (reduction in quality of life due to the injury). General damages consider how your injury affects your physical and emotional well-being, including daily activities and relationships.
- Special Damages: This is a bit more quantifiable, covering any financial losses resulting from the injury. This could include:
- Medical expenses (current and future)
- Travel expenses for medical appointments
- Loss of earnings and potential future earnings
- Rehabilitation or therapy costs
- Cost of any extra care needed
Average Compensation for Medical Negligence in the UK
Compensation for medical negligence in the UK varies significantly based on the severity of the injury, impact on quality of life, and financial losses. There are two main categories of compensation:
- General Damages – for pain, suffering, and loss of amenity.
- Special Damages – for financial losses, including medical costs, loss of earnings, and care expenses.
Average Compensation Payouts
According to NHS Resolution’s Annual Report 2022/23, the NHS paid £2.6 billion in clinical negligence claims, with the following insights:
- Average payout for successful claims: Around £50,000–£100,000, though minor claims can range from £1,000 to £20,000.
- Severe cases (e.g. brain injuries or permanent disabilities): Can exceed £1 million.
- Obstetrics claims (such as birth injuries): Accounted for 65% of the total value of claims but only 10% of the total number.
Examples of Compensation Ranges
| Injury Type | Estimated Compensation (General Damages) |
|---|---|
| Minor surgical errors | £1,000 – £10,000 |
| Misdiagnosis (non-permanent) | £3,000 – £20,000 |
| Nerve damage | £20,000 – £200,000+ |
| Brain damage (moderate/severe) | £150,000 – £3 million+ |
| Birth injury (to baby) | £500,000 – £10 million+ |
(Source: Judicial College Guidelines)
Solicitors will use estimates provided by the Judicial College Guidelines to help provide an average range for how much a particular incident of medical negligence could be awarded in compensation.
Each case is unique, and the compensation you may receive for medical negligence will vary. The above ranges are simply estimates; the specific circumstances of your claim and the extent of the impact on your life will determine the final amount.
How Is Medical Negligence Compensation Calculated?
Calculating compensation for medical negligence is a detailed process, not a random figure. Experts carefully assess your case to ensure fair compensation. Here’s how it works:
- Severity of Injury: The type and extent of your injury are key. Serious, long-term injuries, like permanent disability, lead to higher payouts due to their impact on your health, daily life, and relationships.
- Loss of Earnings: If your injury prevents you from working or reduces your earning potential, this is included. Compensation may cover lost wages and future income, especially for severe cases.
- Psychological Impact: Emotional harm, such as anxiety, depression, or trauma caused by the negligence, is also considered. These non-physical effects can significantly boost your claim.
- Ongoing Care Costs: If you need ongoing medical treatment, rehabilitation, or personal care, these expenses are factored in. This includes future costs to support your recovery or quality of life.
National Claims can connect you with expert solicitors to evaluate your case accurately. They’ll ensure all factors are considered to secure the compensation you deserve. Learn more at National Claims.
How Long Do You Have to Claim for Medical Negligence?
In the UK, you generally have three years from the date of the incident or from when you became aware of the negligence to file a claim. This rule is called the “limitation period.” However, there are exceptions. For instance, if the victim was a child, they have three years from their 18th birthday to make a claim. In cases of severe mental incapacity, the time limits might be different.
Tips for Maximising Your Compensation
Navigating a medical negligence claim can be emotionally and physically challenging, but a few practical steps can help strengthen your case:
- Document Everything: From doctor’s appointments to travel costs, keep records of any expenses or impacts related to your injury.
- Be Honest and Transparent: Provide accurate information about your injury and any previous health issues, as dishonesty can harm your claim.
- Get Expert Support: A skilled medical negligence solicitor can be invaluable, guiding you through the process, securing necessary evidence, and negotiating on your behalf.
Free Consultation with National Claims
Start with a free consultation with us, where we’ll listen carefully to your experience and assess the impact of the medical negligence you’ve suffered. We’ll provide you with support and assistance on whether you have a strong claim, helping you understand your rights and options. From there, we’ll connect you with a solicitor from our panel who specialises in medical negligence cases and will guide you through the next steps.
*No Win, No Fee
At National Claims, we believe that everyone should have access to legal support when dealing with medical negligence. We operate on a “No Win, No Fee” basis, meaning you won’t face any upfront legal fees. The solicitors fees are payable fees if your claim is successful, allowing you to take action against medical negligence without financial worry.
*Customers pay up to 25% (incl. VAT) of the amount recovered towards solicitor costs and if you cancel outside your cooling off period, you may be charged a fee.
We’re proud of our excellent customer reviews
We thrive on delivering exceptional service and ensuring our clients’ satisfaction. Don’t just take our word for it. Check out some of our independent reviews to see what our clients have to say.
Excellent
This firm is excellent, they sorted out my car pay out and injury claim very fast, they always communicate with you all the time.
My accident case was dealt with confidence and with great result of the outcome, especially James kept me informed all the time.
I was very impressed at the way my inquiry was treated. I was listened to attentively and everything I needed to know was explained to me.
