Our medical negligence clients come to us having suffered real harm, and they usually want a straightforward answer to the question, ‘How much medical negligence compensation will I receive?’
The answer is that there is no single figure that applies to every case, even if the circumstances are similar. The amount depends on the nature and severity of your injury, the financial losses you have sustained, and what your future looks like as a result of what happened. Our solicitors are experienced in medical negligence law, and we know how to obtain compensation that properly reflects the full extent of the harm caused.
Please call us now on 01603 672222 for a no-obligation conversation today or Click Here To Make An Online Enquiry.
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What Constitutes Medical Negligence?
Medical negligence occurs when a healthcare professional provides care that falls below the standard expected of a reasonably competent practitioner in that field, and that failure directly causes you harm. This applies to GPs, surgeons, hospital staff, midwives, dentists, and private healthcare providers as much as NHS trusts.
The types of negligence we deal with are wide and varied. They include:
- Missed or delayed diagnoses
- Surgical errors
- Incorrect medication and dosage
- Failures to act on test results
- Preventable complications during labour or delivery.
A poor outcome alone does not constitute negligence. The care received must have been below an acceptable standard, and that substandard care must be the cause of the harm. We can help you establish whether the requisite elements are present in your situation.
How Is Compensation Worked Out?
Medical negligence compensation is calculated under two headings: general damages and special damages.
General damages compensate you for the physical pain and suffering caused by the negligent treatment, any psychological injury arising from it, and what courts refer to as loss of amenity. Loss of amenity covers the ways your injury has affected your ability to participate in activities, relationships, and daily life that you previously took for granted. The Judicial College Guidelines set out the ranges courts use when assessing these awards, and the figures vary considerably depending on the injury, its severity, and its impact on your life.
Special damages cover the financial losses you have actually incurred and those you are likely to incur in the future. Past and future lost earnings, the cost of private medical treatment, care provided by family members, travel costs, specialist equipment, and adaptations to your home all fall within this head of loss. Where the negligence has caused lasting or permanent damage, future losses can form the largest part of a claim. For example, if your injuries mean that you cannot return to work for some time or at all, you can include your future loss of earnings in your special damages claim.
Are There Any Time Limits On Bringing A Claim?
Medical negligence claims in England and Wales must be started within three years. The clock typically begins on the date the negligent treatment took place, or the date you first became aware, or reasonably ought to have become aware, that the treatment may have caused your injury. This second trigger is relevant in cases where the connection between the treatment and the harm only became clear some time after the event.
Different rules apply where the claimant is a child. The three-year period does not begin to run until the child turns 18, meaning a claim can be brought at any point before their 21st birthday. Where a claimant lacks mental capacity, no time limit runs while that incapacity persists.
These time limits are applied strictly by the courts, and delay will result in a valid claim becoming statute-barred. We can advise you on the relevant limitation period in your circumstances and ensure that you do not miss it.
How Can You Fund Your Claim?
We take on most medical negligence claims under a conditional fee agreement, which is the arrangement commonly described as no win no fee. Under this arrangement, you do not pay our legal fees if your claim does not succeed. If it does succeed, our costs are generally recovered from the defendant. A success fee is deducted from your compensation, subject to a legal cap of 25 per cent of the damages recovered to reflect the risk we assumed in pursuing your claim for no upfront payment.
We can explain all of the funding options available to you at the outset, clearly and without pressure.
Get Advice From Our Team
Our medical negligence solicitors have the experience and expertise required to properly assess your position, advise on how much medical negligence compensation you are entitled to, and pursue your claim effectively.
Please call us now on 01603 672222 for a no-obligation conversation today or Click Here To Make An Online Enquiry.
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