NHS Compensation Payout Guide
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If you’ve been injured due to medical negligence, sometimes called clinical negligence, you could be entitled to claim compensation. Bringing a medical negligence claim is often the only way a person who has suffered a serious injury related to clinical care can ensure they have enough money to pay for their bills, rehabilitation, and any changes to their living environment required to accommodate their injury.
A successful clinical negligence claim also compensates for losses suffered, such as loss of career opportunities, future earnings, and pension contributions.
Why is why one of the first, if not the first, questions people ask when enquiring about medical negligence claims is:
“How much compensation will I get”?
This guide aims to offer clear insights into how compensation for medical negligence is calculated, discuss average payouts, and explain what individuals affected by medical negligence can expect regarding compensation and recovery support.
Compensation for medical negligence is calculated based on several factors, including the severity of the injury, the impact on the Claimant’s quality of life, loss of earnings, future care needs, and any medical costs incurred.
Compensation payments are categorised into two main types: special damages and general damages.
General damages compensate the Claimant for the pain, suffering, and loss of amenity experienced due to the negligence. This category addresses the non-monetary impacts of the injury.
Pain and suffering relate to the physical discomfort and emotional distress the Claimant has endured. At the same time, loss of amenity refers to the loss of enjoyment of life, such as an inability to engage in hobbies or activities previously enjoyed.
Special damages are awarded to cover the financial losses the Claimant has incurred or will incur directly because of medical negligence. These can include medical costs, travel expenses to and from medical appointments, rehabilitation costs, care assistance, loss of earnings, and any necessary modifications to the home.
Special damages are quantifiable and must be specifically proven with evidence such as receipts, invoices, and financial statements. They are awarded to restore the financial position of the claimant to what it would have been had the negligence not occurred.
The key difference between the two types of damages lies in their quantifiability and purpose.
To learn more about how much compensation you could be owed, call a trained legal adviser free on 0800 234 6438 or fill out the online claim form to get started.
The average payout for medical negligence varies widely depending on the specifics of each case:
Minor injuries with short-term effects result in lower settlements, possibly in the range of a few thousand pounds. In contrast, in severe cases involving lifelong care or significant loss of earnings, compensation can reach the millions. Each case is unique, making average figures broad and varied.
The following compensation amounts are estimates only. The amount you receive depends on the nature of your injuries and how they impact your daily life:
| Injury | Extent | Average Compensation |
|---|---|---|
| Spleen Damage | Lost spleen, resulting in increased infection risks. | £25,380 – £32,090 |
| Bowel Damage | Lost bowel function – which might require a colostomy bag. | Up to £150,000 |
| Asthma | Chronic asthma that results in significant breathing difficulties. | £32,090 – £52,520 |
| Kidney Loss | Losing one kidney but the other kidney still functions. | £37,550 – £54,760 |
| Lung Disease | Severe lung disease or cancer that appears in older people and impacts their daily life. | £85,460 – £118,790 |
| Male Reproductive System | Complete loss of male reproductive organs. | Over £187,000 |
| Female Reproductive System | Ranging from injuries in women who already have children to infertility caused by negligence. | £52,490 – £207,260 |
| Multiple Injuries | Suffering a range of illnesses, injuries along with special damages. | Up to £250,000 |
High compensation payouts in a successful claim reflect the serious nature and profound impact medical errors can have.
One notable example includes a £37 million settlement awarded in 2018 to a young boy who contracted the herpes simplex virus at Watford General Hospital shortly after birth, which led to a brain fever. This payout reflects the extensive lifelong care and support the child will require.
Another significant case from 2023 resulted in a £20 million payout to a six-year-old child who, due to mismanagement at birth, suffered permanent brain damage, which severely affected his physical and cognitive abilities.
These cases exemplify the critical role of medical negligence compensation in providing for the lifelong needs of those severely affected. Such settlements highlight the necessity for robust legal strategies and thorough medical assessments to determine the appropriate compensation that addresses the future needs of negligence victims.
To get a rough estimate of how much medical negligence compensation you could be owed, use our personal injury claim calculator. To determine precisely how much compensation you will get for a medical negligence claim, call a trained legal adviser free on 0800 234 6438 or fill out the online claim form to get started. They will partner you with medical negligence solicitors who can tell you how much financial compensation you are owed.
Medical negligence occurs when a medical professional provides substandard care that directly harms or injures a patient. It can take many forms and can occur in various medical settings.
Understanding what counts as medical negligence is essential when considering a compensation claim.
Below are some common examples of medical negligence:
Birth injuries can occur due to negligence during pregnancy, labour, or delivery. This can include failure to monitor the mother and baby properly, incorrect use of medical instruments, or delays in performing necessary procedures.
Birth injury claims can cover injuries to both the mother and the child, including conditions like cerebral palsy or Erb’s palsy.
Dental negligence involves substandard care provided by dentists, oral surgeons, or other dental professionals. This can include misdiagnosis, improper treatment, or errors during dental procedures such as extractions, fillings, or root canals.
As a result, patients may suffer from unnecessary pain, infection, or long-term dental issues.
Hospital negligence encompasses a range of errors and omissions that occur within a hospital setting. This can include inadequate patient care, medication errors, failure to maintain a sterile environment, or neglect leading to pressure sores.
Hospital negligence can affect patients in various departments, from emergency care to surgery.
Misdiagnosis claims arise when a medical professional incorrectly diagnoses a condition or fails to diagnose a condition in a timely manner.
This can lead to inappropriate or delayed treatment, exacerbating the patient’s condition. Misdiagnosis can occur in many forms, including failure to identify cancer, heart conditions, or infections.
NHS negligence refers to instances of substandard medical care provided by the National Health Service. This can cover a wide range of situations, from misdiagnosis and surgical errors to hospital negligence and birth injuries.
Patients who have suffered due to NHS negligence are entitled to seek compensation for their injuries.
Surgical errors are mistakes that occur during surgical procedures. They can range from operating on the wrong site, to leaving surgical instruments inside the patient, to anaesthesia errors.
Surgical errors can have serious and lasting effects on a patient’s health and well-being, sometimes requiring additional surgeries to correct the mistake.
Understanding these different types of medical negligence can help you determine if you have a valid claim and guide you through the process of seeking compensation.
If you believe you have been a victim of medical negligence, it is important to seek legal advice to explore your options. Call a trained legal adviser free on 0800 234 6438 or fill out the online claim form to get started.
Long-term injury due to medical negligence can profoundly affect a Claimant’s life. Compensation in such cases often includes provisions for ongoing care, adaptations needed for living spaces, and potential future treatments.
For example, in May 2024, a Wrexham mother was awarded almost £500,000 for childbirth injuries, which involved a perineal tear so severe it left her requiring a stoma.
Part of the compensation for clinical negligence claims can include the costs of necessary rehabilitation. This can cover a range of therapeutic services such as physical therapy, occupational therapy, or any other rehabilitation measures prescribed to aid recovery or manage symptoms.
This is so important because waiting to access these services on the NHS can take years. Compensation means the Claimant can pay for private treatment, which can be accessed faster and, in many cases, is more effective.
Children injured during NHS treatment are entitled to compensation if negligence is established. These cases are handled with special care due to their potential long-term implications for the child’s development and quality of life.
The NHS compensation payouts guide states that compensation is structured to cover the child’s continuous care needs, specialised rehabilitation, and adapted living accommodations, ensuring ongoing support tailored to their evolving needs as they grow.
Such settlements address immediate medical expenses, but they also focus on providing for future educational needs, potential loss of earnings, and personal care, which can be crucial for the child’s ability to live a fulfilling life despite their disabilities.
Evidence from expert witnesses is crucial and almost always required in medical negligence compensation claims, especially when determining the quantum of damages. They provide the Court with critical insights into the standard of care received versus the standard expected within the medical community, thus establishing liability for negligence.
More importantly, they offer authoritative opinions on the claimant’s long-term prognosis, which is vital in calculating the quantum of damages.
For instance, an expert Neurologist might assess a Claimant who has suffered a brain injury following an infection caught in a hospital. They will provide a detailed prognosis that includes the likelihood of recovery, the potential for future complications, and the long-term impact on the Claimant’s ability to work and live independently.
Similarly, a rehabilitation specialist can evaluate the ongoing therapeutic needs and the type of medical equipment or adaptations to the home and workspace required for the Claimant’s rehabilitation.
The easiest way to start a medical negligence claim is to call a trained legal adviser free on 0800 234 6438 or fill out the online claim form to get started.
The Limitation Act 1980 provides that Claimants have three years to bring a medical negligence claim (children have until they are 21 years old), so you must act immediately.
Your medical negligence solicitor will likely take your case on a No Win, No Fee basis. This means that if you lose your case, you will not have to pay any legal fees, although you will need to pay any expenses related to your compensation claim (these are known as disbursements).
The easiest way to start a medical negligence claim is to call a trained legal adviser free on 0800 234 6438 or fill out the online claim form to get started.
The Limitation Act 1980 provides that Claimants have three years to bring a medical negligence claim (children have until they are 21 years old), so you must act immediately.
Your medical negligence solicitor will likely take your case on a No Win, No Fee basis. This means that if you lose your case, you will not have to pay any legal fees, although you will need to pay any expenses related to your compensation claim (these are known as disbursements).
Nicola is a dual qualified journalist and non-practising solicitor. She is a legal journalist, editor and author with more than 20 years' experience writing about the law.
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