How Much Compensation will I get for Medical Negligence?

The amount of compensation you receive as a result of a successful medical negligence claim is intended to return you to your quality of life before the injury occurred.

This sum should compensate you for the pain and injury you have suffered. It covers physical and mental pain, and the financial impact injury has had on your life.

Medical conditions vary for different individuals, and the impact of injury varies too. Consequently, your medical negligence compensation will depend on these factors.

NHS Resolution, the health service’s claims management body, reports that the total value of claims in 2018-2019 was £4.9 billion. The highest value of claims is in obstetrics (pregnancy and childbirth). The average individual payout is around £50,000.

How Do I Calculate My Claim?

There is no set amount for a medical negligence claim. What you can expect to claim will depend on the extent of the injury you have experienced, and the costs towards recovery or further treatment. You may also require long-term changes to your living arrangements.

Many claims are settled out of court, which means the amounts involved are not made public. But despite this confidentiality, certain principles that apply when calculating medical negligence compensation

Compensation can consist of general and special damages.

• General damages make up the lump sum payment that compensates you for pain, suffering and loss of amenity. This sum should provide compensation for the pain and suffering the injury causes, but also for the impact of the injury on your enjoyment of life.
• Special damages cover specific financial losses that relate to specific financial losses related to your injury. These can include care and assistance costs and loss of earnings.

In some medical negligence claims, you may also be awarded periodic payments which are meant to cover future losses.

The pain, suffering and loss of amenity compensation you receive should also cover the psychological suffering and negative impact the claimant’s injury has had on their life.

Normally, a medical report should evaluate these different aspects and their impact.

Special damages can cover a range of costs, as well as care, assistance and loss of earnings, such as:

• Medication and treatment
• Adaption of accommodation
• Change of accommodation
• Specialist equipment
• Travel
• Parking expenses

There are guidelines to compensation published and updated regularly by the Judicial College, but these are only guidelines. Each individual case can involve specific financial losses.

Here are some examples, based on Judicial College guidelines:

• Failed sterilisation – in the region of £10,200
• Infertility following ectopic pregnancy – £114,900 to £170,280
• Serious impairment of bladder control – £63,980 to £79,930
• Loss of one kidney – £30,770 to £44,880
• Severe pain disorders £42,130 to £62,990
• Paraplegia – £219,070 to £284,260

These figures cover general damages only. They are also likely to change when the Judicial College updates its guidelines.

How Much Does it Cost to Make a Claim?

Naturally, this will be a consideration if you want to make a claim since any costs you pay would impact what you finally win financially.

If you’re claiming for personal injuries, then you’re protected from having to meet any of the defendant’s costs, should your claim be unsuccessful.

This protection is known as qualified one way costs shifting (QOCS). It applies to all personal injury claims, regardless of the wealth of the individual making the claim.

In addition to this protection, most medical negligence claims can proceed on a no win no fee basis.

This means that as a claimant, you won’t have any upfront costs when making your claim. You’ll only pay your solicitor if your case is successful.

How Do I Make a Medical Negligence Claim?

Talk to a legal expert first. We’ll be able to help you decide whether to proceed and give you the professional support and advice you need.

For more information about our medical and clinical negligence claim services, please call us on 0800 088 6004, or complete our online contact form, and we will be in touch as soon as possible.