Making a claim for medical negligence compensation may be possible if you have suffered avoidable or further harm because a medically trained professional failed to provide the correct level of care. Here, we’ll explain more about what’s involved in making a medical negligence compensation, how much compensation may be offered and the benefits of making a medical negligence claim on a No Win No Fee basis.
If you would like to learn more about making a medical negligence claim, or you’re looking for support in making a valid claim, then you can contact our advisors at Medical Negligence Law today. You can call us on 0800 408 7827. Alternatively, you can reach us online using our contact us page or our 24/7 live chat service.
Medical Negligence Compensation – How To Make A Claim
If you (or someone you wish to represent, such as your child) have experienced harm due to medical negligence and wish to pursue a compensation claim in response, then it’s important to know what steps are involved in taking such action. To make a claim, you will need to establish with evidence that you suffered harm because of negligent behaviour by a medical professional (or healthcare organisation) that owed you a duty of care.
Medical negligence from a healthcare professional can occur in numerous forms. Examples can include the following:
- Errors during surgery or other medical treatments
- Misdiagnosis or late diagnosis of a serious condition
- Errors during prescribing or dispensing of medication
If you have grounds to pursue a medical negligence compensation claim, then there are a few key steps which you should follow as soon as you can:
- Gather evidence – Evidence is crucial when making a medical negligence claim. The more of it you have, the more you can strengthen your case. It’s worth starting the collection of evidence as soon as you can after experiencing medical negligence. You’ll want evidence that shows that you received some form of medical treatment from the medical professional you are claiming against and that they acted negligently. Examples of evidence may potentially include records confirming treatment, photographic evidence and witness statements.
- Get an expert medical opinion – It is usually worth getting a thorough examination by a medical professional who can provide confirmation and details about the injuries/illnesses you’ve suffered due to medical negligence. The medical examiner can outline details of the harm you’ve suffered in a report that can then be used as part of your claim.
- Make notes of financial losses – If the medical negligence you’ve suffered has directly caused any financial losses, then it’s worth keeping note of these and holding on to any documentation which proves it (such as receipts). Things like loss of earnings, medical expenses or travel expenses directly related to the effects of medical negligence are all worth documenting as part of your compensation claim.
- Seek legal support – It is entirely your choice whether you hire legal aid to support any potential medical negligence claim. However, we do strongly recommend that you hire a solicitor who has previous experience in handling such claims. With a medical negligence solicitor supporting your claim, they can guide you through each step of the process and assist with tasks such as gathering evidence and calculating the value of your claim.
Medical Negligence Compensation Payout Examples
Those who are able to bring forward a claim for medical negligence will often have questions about how much compensation they will be able to receive. There are many different kinds of physical and psychological injuries which could potentially be covered in a medical negligence claim. Each claim is dealt with on a case-by-case basis, so it’s very difficult to provide any compensation estimates for these kinds of claims.
In the table below, there are compensation brackets for certain types of injuries that people may claim for in response to medical negligence. These brackets are based on the 2022 edition of the Judicial College Guidelines. These figures take into account the compensation payouts handed out in certain past claims. Though they can’t guarantee how much you may receive through your own claim, they can at least provide some insight into compensation amounts for certain injuries.
|Type Of Injury||Severity Of Injury||Compensation Bracket|
|Psychiatric Harm/Damage (General)||Severe||£54,830 to £115,730|
|Psychiatric Harm/Damage (General)||Moderately Severe||£19,070 to £54,830|
|Foot Injury||Amputation of One Foot||£83,960 to £109,650|
|Foot Injury||Severe Injuries||£41,970 to £70,030|
|Impairment of Taste and Smell||Loss of Smell||£24,990 to £32,900|
|Impairment of Taste and Smell||Loss of Taste||£19,200 to £24,990|
|Shoulder Injury||Serious||£12,770 to £19,200|
|Shoulder Injury||Moderate||£7,890 to £12,770|
|Damage to Teeth||Loss of or Serious Damage To One Front Tooth||£2,200 to £3,950|
|Damage to Teeth||Loss of or Damage To Back Teeth (per tooth)||£1,090 to £1,710|
No Win No Fee Clinical Negligence Claims
If you choose to hire a solicitor who can support your medical negligence claim, then it’s worthwhile considering one who will support you under a No Win No Fee agreement. Hiring a No Win No Fee solicitor for these types of claims can bring you several financial benefits.
One of the positives of a No Win No Fee agreement is you are not required to pay any fees upfront to the solicitor before your claim starts. You also won’t be required to pay any fees while the claim is being processed. Only at the end and if your claim proves successful will it become necessary to pay your solicitor’s legal fees.
To cover their payment under a No Win No Fee agreement, your solicitor will usually subtract a small and legally-capped percentage from the compensation you are awarded for your case. You are welcome to contact our advisors here at Medical Negligence Law if you would like to learn more about No Win No Fee agreements when making a medical negligence claim.
Learn More About Medical Negligence
Would you like to find out more about claiming for medical negligence, specific types of claims or No Win No Fee agreements? Below, you can learn more about medical negligence compensation through the guides on our website:
- Medical negligence law
- Hospital-acquired infection compensation claims
- 100% No Win No Fee medical solicitors
- GP and doctor negligence compensation claims
- How to make a medical negligence claim
- NHS negligence compensation
- Care home medical negligence claims
- Medical misdiagnosis compensation claims
- How to calculate hospital negligence payouts
- Maximum payouts for hospital negligence claims in the UK
- Paralysis medical negligence: Your rights explained
- Medical negligence claims for a botched liposuction surgery
- Compensation for unnecessary medical treatment
- Compensation Claims for receiving the wrong treatment
- How to make a stroke misdiagnosis claim
- Prescription error compensation claims
- Can I sue a hospital for negligence