This guide will provide you with information about potential medical negligence payouts. If you have been harmed by a medical professional’s breach of duty of care, you could be entitled to claim; we explain what factors go into how much medical negligence claims are worth and the evidence you could use to support your case.
You may be wondering what medical negligence is and how you could be affected. We take a look at what a medical professional’s duty of care is, how this can be breached, and the kinds of harm you could claim for in a medical setting.
If you have valid grounds for a claim, you may wish to have the support of a solicitor. This guide concludes with a look at the benefits of being represented by a lawyer working on a No Win No Fee basis.
If you have any queries while reading this guide, or if you would like to get your claim started, please get in touch with one of the advisors from our team. Free advice is available 24 hours a day, 7 days a week.
Our advisors can be reached using the following details:
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- Potential Medical Negligence Payouts – What Could You Receive?
- When Are You Eligible To Claim Medical Negligence Compensation?
- Examples Of Medical Negligence
- Evidence That Could Help In Medical Negligence Cases
- Use Our Panel Of No Win No Fee Solicitors To Make A Medical Negligence Claim
- Learn More About Potential Medical Negligence Payouts
You could be eligible for medical negligence compensation if you can prove that you were unnecessarily harmed due to a breach in the duty of care owed to you by a medical professional. Further in this guide, we will take a closer look at the eligibility criteria that applies to claims.
Settlements in successful medical negligence claims may consist of two heads of claim called general and special damages.
General damages compensate for the physical pain and mental suffering caused by medical negligence. To help value your claim, legal professionals can refer to the Judicial College Guidelines (JCG). This document lists potential compensation figures for different kinds of harm.
In our table below, we’ve provided some of the figures listed in the 16th edition of the JCG. It is only to be used as a guide.
|Moderately severe brain damage
|Very serious disabilities of a cognitive or physical nature. Substantial level of dependence and a need for full-time care.
|£219,070 to £282,010
|Moderate brain damage (iii)
|In this bracket, the injured party's concentration and memory are impacted with a reduced ability to work and small epilepsy risk.
|£43,060 to £90,720
|Leg amputations (ii)
|In this bracket, both of the claimant's legs have been amputated below the knee. The award is impacted by factors such as the level of the amputation and the presence of phantom pain.
|£201,490 to £270,100
|Female reproductive system
|In this bracket, the claimant suffers infertility, sexual dysfunction, scarring and mental health symptoms.
|£114,900 to £170,280
|The claimant suffers with complete loss of control of their bladder function.
|Up to £140,660
|Male reproductive system
|In this bracket, the claimant suffers impotence or significant sexual dysfunction that is likely permanent. They either have children or wouldn't have them in any event.
|£43,010 to £88,750
|The claimant suffers breathing difficulties requiring fairly frequent inhaler use. The symptoms have a significant lifestyle effect but the prognosis is uncertain.
|£31,310 to £54,830
|In this bracket, there has been the loss of one kidney but the other remains undamaged.
|£30,770 to £44,880
|The claimant is at risk of internal infection and disorders due to the loss of their spleen.
|£20,800 to £26,290
|The claimant may have minimal risk of internal infection and disorders, but it is not as high as more serious cases. However, there may be no such risk.
|£4,350 to £8,640
Special Damages In A Medical Negligence Claim
Additionally, your award might include special damages. This head of a claim reimburses the monetary losses caused by medical negligence. To claim special damages, it is likely that you will need to provide proof of your financial losses, such as bank statements or wage slips.
Here are some examples of special damages that could be included in medical negligence payouts:
- Loss of earnings for any time spent off work to recover.
- Medical costs, including medications and therapy.
- Travel expenses, such as taxis to appointments.
If you would like a free personalised valuation of your claim, please contact one of the advisors from our team.
Certain eligibility criteria need to be met in order to claim for medical negligence. You must be able to prove that:
- You were owed a duty of care.
- This duty was breached.
- You experienced avoidable harm as a result.
When you are in the care of a medical professional, they must provide you with a minimum standard of care. If you experience avoidable harm due to a breach of this duty of care that they owe you, you might be eligible to claim compensation.
However, you cannot claim for all harm experienced in a medical setting. For example, if you haven’t taken a medication before and suffer an allergic reaction to it, you would not be eligible to claim. This is because the doctor would not have been expected to know about the allergy before prescribing or administering the medication.
If you have any questions about medical negligence payouts, please contact our advisors for free advice.
There are different ways a medical professional could breach their duty and cause you avoidable harm. Below, we have included some examples of scenarios that could be classed as medical negligence.
- A birth injury occurs because the unborn baby was not properly monitored throughout labour.
- GP misdiagnosis happens because your GP does not sufficiently consider your symptoms and instead diagnoses you with another condition.
- You undergo unnecessary surgery because your medical records are mixed up with those of another patient. This means that you undergo keyhole surgery that you did not leave. The recovery causes you pain and discomfort and you’re left with a scar.
- You are supposed to undergo an operation on your left ankle, but the surgery is performed on the right limb instead. This means you have to undergo surgery again. Wrong-site surgery is an example of a never event.
Is There A Time Limit To Claim For Hospital Negligence?
Claims for medical negligence payouts must be started within the limitation period as set by the Limitation Act 1980. Generally, this is 3 years from the date of the incident. Alternatively, you will have 3 years from the date of knowledge. This is the date that you first realised (or would have been expected to realise) that the harm you suffered was caused by medical negligence.
However, in certain circumstances, there are time limit exceptions. These include for:
- Children under the age of 18. For these claims, a pause in the limitation period applies until they turn 18. Before this, a court-appointed litigation friend could start proceedings for them. Once they reach their 18th birthday, they are given 3 years to start a claim if one has not already been made for them.
- Those who lack the mental capacity to make a claim for themselves will have an indefinite time limit suspension for as long as they’re unable to claim themselves. While the limitation period is suspended, a litigation friend can begin their case. However, if they regain this capacity and a claim has not already been made for them, they will have 3 years from that date to bring proceedings.
If you would like to find out if you are within the time limit to start your claim for medical negligence, please get in touch with our advisors.
All claims for medical negligence payouts need to be supported with sufficient evidence. Some examples of evidence that could be useful in a medical negligence claim include:
- A copy of your medical records, which state the harm you suffered and the additional treatment you required.
- Witness contact details. For example, you may have had someone in the room with you while you were given negligent advice.
- X-ray, scan or test results. For example, if you weren’t sent for appropriate tests, you could have experienced a delayed diagnosis causing the worsening of the original condition. You could provide scans showing how your condition has progressed in support of your claim.
If you need any help gathering evidence, please get in touch with one of the advisors from our team. If you have a valid claim, they could put you in contact with a solicitor from our panel.
If you have valid grounds to seek compensation, one of the medical negligence solicitors from our panel could support your claim. They have years of experience with pursuing medical negligence payouts. Additionally, one of the solicitors from our panel could offer to work with you under the terms of a type of No Win No Fee agreement known as a Conditional Fee Agreement (CFA).
When you have the support of a solicitor on a No Win No Fee basis, they usually won’t ask for a payment to cover upfront or ongoing fees. If your solicitor succeeds with your claim, they will deduct a legally limited success fee from your compensation award. However, if your claim is not successful, your solicitor will not expect a payment to cover their services.
To discuss your potential claim, please get in touch with one of our advisors. They’re available 24/7 to answer your queries about medical negligence. If it seems like you have valid grounds to claim, you could be connected with one of the No Win No Fee solicitors from our panel.
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Writer Danielle Bloom
Publisher Fern Smith