Medical Negligence Damages & Compensation - MND

A Guide to Claiming Damages for Clinical Negligence

A Guide to Claiming Damages for Clinical Negligence

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    Pursuing claims for medical negligence damages may seem like a very complex and stressful engagement. No one ever sets out to become a victim of negligence or go through a difficult time as a result of the negligent actions of another. This explains why many clients we have worked with are unclear on how to claim negligence or how to start a medical negligence claim. 

    We have taken our time to put together this practical guide that will help you understand the medical negligence claims process that you’ll have to go through when making medical negligence damages claims. Whether you are looking at claiming compensation or simply looking to get an understanding of what you went through and why, you will find this guide helpful. 

    medical negligence damages

    Please feel free to reach out to us in any case if you believe you have suffered injury following medical treatment.  Our processes are quite straightforward and we will do what we can to make things as easy as possible for you. Clinical negligence claims may be difficult to pursue, no doubt,  but with the best hands handling your case, you stand a chance of securing worthy compensation for all your suffering. 

    You can speak to us today or fill out our free claims assessment form to speak with an expert medical negligence solicitor.

    What Constitutes Damages in Clinical Negligence?

    When it comes to attributing damages in medical negligence or NHS clinical negligence, it is important to ascertain the actual damage caused by the negligent actions of the medical practitioner or hospital involved. This is because it is likely that the claimant has underlying health issues for which they were seeking treatment in the first place. As a matter of fact, damages are difficult to prove in medical negligence cases because most victims fail to prove causation. 

    Generally compensation for damages in medical negligence are categorized into two, namely; 

    • General damages – Compensation for physical injury, pain and suffering, psychological injury and “loss of amenity”
    • Special damages – compensation for any past and future financial losses for which causation (negligence) has been established.

    Recovering Damages in clinical negligence 

    Before damages can be awarded in a medical negligence case, there are elements a patient must prove. 

    As a victim you must establish that: 

    • The negligent action of his/her medical professional or hospital resulted in such damages. That is, there was a breach of duty on the part of the professional, hospital or clinic involved. 
    • The breach of duty resulted in injury, harm, or damage. This is known as causation in medical negligence claims. 
    • That the injury has impacted their quality of life greatly and brought about some incurred losses (including foreseeable losses) 

    Although the above stated may be difficult to prove in clinical negligence ( for example, the hospital or medical professional may affirm that the treatment given was not negligent), once you can establish that they are more likely than not, you stand a chance.  

    How are damages calculated for medical negligence? 

    Compensation for medical negligence damages are generally calculated based on how much loss the victim has suffered. It may include the following;

    • Pain and suffering caused by the injuries, harm or worsened medical condition. 
    • Financial losses incurred as a result of the medical negligence or during the time of seeking redress. For example, traveling expenses for medical appointments, prescription charges and cost of engaging a specialist or a private medical practitioner. 
    • Loss of earnings as a result of injury suffered. For example, when a victim is mandated to take time off work due to existing conditions or time needed for corrective treatment or recuperation. 
    • Any anticipated future loss, which may include loss of future earnings based on prognosis. 
    • Impact of injuries on the quality of life of a victim. Damages can reflect the disadvantages you may likely face (for example in the case of a disability) after recovery or when seeking future employment. 
    • Loved ones of victims who have lost their lives as a result of clinical negligence can claim negligence damages for bereavement which may cover funeral service and all other associated losses of dependents. 

    Once we have evaluated your medical negligence damages claim, our solicitors will advise you of the likely value of your claim. It helps that you provide us with every bit of information regarding all your losses and injury as that is the only way we can make a near accurate estimation of your claim’s value using our medical negligence calculator

    However as your case progresses, following any changes, we can also advise you on how that may affect the value of your claim. When necessary we will make a compensation offer after the medical report and all evidence has been presented to the defendant. The offer will reflect what we believe is the most worthy compensation to cover for your suffering as well as medical negligence damages. This is mostly helpful in the process of negotiation and put victims at a vantage position. 

    Start Your Claim

    Making of a clinical negligence claim

    It is imperative to understand how to start a medical negligence claim or the medical negligence claims process before starting a claim for damages. In this section we will simplify the stages of a clinical negligence claim, classified under two broad headings: 

    • What you’d need to do 

    Whether you are a doctor negligence, gp negligence or hospital negligence victim, in negligence cases, it is not enough that you did not appreciate the treatment or care received. While you may have received substandard care, this does not necessarily prove negligence. There are steps you will need to take to ensure that your case is positioned for the best possible outcome. 

    1. Contact us and you will be assigned to one of our expert medical negligence solicitors, who will look into your case. Our solicitor will listen to and carry out a critical evaluation of negligence – that is whether or not negligence can be established. You will then be advised on the next steps to take. 
    2. Keep all evidence relevant to your claim as you would be required to present them to your solicitor to enable them build a strong case for you. 
    Evidence required include:

    • Detailed summary of the circumstances of your original treatment, the name(s) of the medical practitioner or hospital/ clinic involved;
    • Proof all expense or loss for which you wish to claim for damages (both past,present and future)
    • Proof of your injuries – medical reports, scan or test results and photographs 
    • Detailed statement from an independent medical expert regarding your injuries and treatment at various stages and what could have been done differently;
    • Any other supporting document that is relevant to your case. 

    If your medical professional or hospital has refused to let you access to relevant evidence to prove medical negligence damages (for example your medical records); we can help you apply to a court to get an order requiring that such information be disclosed to you. We would only do this once we are convinced there are sufficient grounds

    • What we will do for you 

    Once we have obtained the details of your case, including the evidence you have provided, we will take the necessary procedural steps to ensure that we establish solid grounds for your claim. 

    We will prepare a written statement of your evidence, explicitly stating your current condition, the circumstances of your treatment, and the expected value of clinical negligence compensation claims. We will ensure that statement is as comprehensive as it can be, and will present this as a “Letter of claim” to the defendant on your behalf. 

    Following the submission of the Letter of claim, the defendant (doctor, hospital or NHS in the case of NHS clinical negligence) would acknowledge receipt and will be given ample time to carry out their own investigation. Thereafter, liability is either admitted or denied. If the defendant admits to the wrongdoing, negotiations are arranged between both parties and settlement amounts for your medical negligence damages. 

    If liability is denied, your case may have to be heard at trial. And in this case, we will assign a credible clinical negligence solicitor to represent you. 

    Our medical negligence solicitors are very transparent in their dealings, they keep you in the loop of the progress of your case. If you are still unclear about anything for example “How do I prove medical negligence?” “How long does a medical negligence claim take? Or “Can I claim compensation for hospital negligence?”, you can contact us directly. We will do our best to explain all that your medical negligence damages claims involve.

    How long does one have to make a claim?

    When seeking compensation for medical negligence damages, it is important that you keep in mind the medical negligence claims time limits as this goes a long way to determine your eligibility status to receive compensation. 

    Generally, people who have been victims of clinical negligence have three years from the date of knowledge of their injury to bring a claim. Although this applies in most negligence cases, whether it is doctor negligence, gp negligence or hospital infection claims; there are a few exceptions. 

    Children: Under any law, children are not allowed to bring claims on their own. In medical negligence cases involving children, claims can be brought anytime on their behalf until they are 18years and are able to pursue these claims on their own. From this time, they have until their 21st birthday to make a claim. 

    People who lack the mental capacity: Sometimes the consequences of negligence can leave victims with temporary or permanent disabilities like a loss of mental capacity. When this happens, the victim is given ample time ( until they regain their mental capacity) to bring a claim. In a case of permanent disability, there is no time limit at all. 

    Our clinical negligence solicitors are experts in all kinds of medical negligence claims. We have specialist Cauda Equina solicitors, hospital negligence solicitors and NHS negligence solicitors who are ever ready to assist you with your claims. 

    How long does it take to make medical negligence damages claims?

    Wondering how long does a medical negligence claim take? Well, there are no hard and fast rules. Resolving clinical negligence claims can be tricky. Irrespective of the nature of the event, compensation claims for medical negligence may take a long time to be awarded. 

    One of the core factors that delays the resolution of clinical negligence compensation claims is the take it takes for evaluation of negligence and establishing negligence. For example, obtaining all expert evidence necessary to support your claim. Further, in a case where an independent medical expert will need to be consulted to establish the extent of your injury, and whether or not they were caused by negligence. 

    “How many medical negligence cases go to court? Most medical negligence claims in the UK reach a resolve or out-of-court settlement within 12-18 months or even less (in less complex cases). Conversely, in complex cases, claims could take longer time to settle”

    Other times, claiming compensation for hospital negligence or medical negligence in general, may be delayed owing to the length of time of establishing prognosis based on the severity of the injury. For example, how long recovery from the effect of your injuries will take, or whether you may be left with permanent symptoms following the injury. 

    A vast majority of medical negligence claims are resolved without going to trial. Negotiations are made by both parties and a settlement value is agreed upon. This is also a key factor in the time it takes to resolve claims. Generally, claims that are concluded out of court are resolved much more quickly than claims that linger and eventually make it to trial. 

    NO WIN NO FEE

    When we represent you, we do our best to see that your medical negligence claims are resolved at the earliest time possible (and out of court). While doing this however, our expert negligence solicitors ensure that:

    • The best settlement is negotiated for your claim and on the best terms available. 
    • We do not agree to settlement until the prognosis is clear. For example, if the injuries a person suffers turns out to be more serious than initially anticipated, once the claim for damages has been resolved, you cannot seek for more compensation. Our solicitors usually ensure that all aspects of clients’ negligence cases are considered before claiming compensation, whilst also working out early settlements. 

    This is why we advise clients who have been victims of medical negligence damages to bring their claims as quickly as possible to ensure that they are resolved promptly when their evidence is strongest or yet to diminish in value. 

    How to claim for Hospital Negligence?

    For hospital negligence cases, it is useful to make a formal complaint to the hospital – whether a private hospital or the NHS. When these formal complaints are made, the hospital in question carries out internal investigations into your claim. 

    With hospital complaints, compensation is not awarded. Usually, after investigations are carried out, you may receive an apology from the hospital. The major advantage of making a formal complaint following hospital complaint procedures is that you will get a full account of what transpired. This may include your medical report, the treatment you have given, and the hospital will also explain why they acted the way they did. This could serve as solid evidence if you choose to pursue hospital compensation claims. 

    If you believe you are eligible for a claim and are wondering how to make a claim against a hospital, feel free to contact us today for a free negligence case evaluation. 

    Medical Negligence Damages Compensation and Benefits

    In cases where medical negligence has resulted in damages that has left a victim incapacitated or incapable of doing work, welfare benefits such as incapacity benefit, disability working allowance or severe disablement allowance can be claimed. Do not hesitate to contact us to get our expert advise if you think you are eligible for this. 

    Does personal injury compensation affect benefits? 

    One of the most mind-boggling questions for most victims of medical negligence who are recipients of one form of benefit or the other is this; “ does compensation affect benefits?”

    Where you have been receiving welfare benefits from the Local Authorities or the Department for Work & Pensions, if you receive a huge sum of compensation for your personal injury or there is a noticeable substantial periodical payments; you will cease to be eligible for such welfare. Additionally, if your spouse is in receipt of such benefits ( for example, means tested benefits from the Local Authorities), they might also be affected by the compensation you have received for your negligence damages or clinical negligence claims

    In clearer terms, if you receive compensation into your savings account directly, for whatever negligence damages claim, the medical negligence compensation received is counted as capital. Thereby reducing, or ultimately having you forfeit the benefits you are entitled to. For example, you may have to use your compensation for expenses that were initially covered by state support e.g renting, water, heating etc. The only time your entitlement for benefits are reinstated is when your savings drops below the capital limit. 

    This becomes unfair for victims whose compensation is meant to cover specific costs e.g cost of rehabilitation or cost of seeking additional medical care. 

    Furthermore, in other personal injury cases, when compensation claims for medical negligence are paid, the insurance company responsible for settlements may have to pay these benefits back to the government. In these circumstances, the Compensation Recovery Unit of the Department of Works and Pensions, may deduct all the benefits you have received up to the date on which your claim is concluded. 

    How can you prevent your compensation from replacing your benefits?

    It is however possible for victims to set up a Compensation Protection Trust or Personal Injury Trust that affords them the opportunity to indefinitely have their compensation, whilst retaining their entitlement of benefits. 

    How do you use to retain means tested benefits?

    You can use a trust so long as: 

    • The trust has at least two trustees 
    • You are one of the beneficiaries of the trust 
    • The trust fund must be held in a separate bank account 
    • The money in the trust must come from your personal injury compensation settlements only 

    Once your compensation has been paid to the trust, the trustees make payments to you intermittently. But the payments that come from the trust must be below savings limits so you can still retain your entitlement to full benefits.

    If you need more information regarding how your compensation may affect your benefits, please call in to speak to one of our expert medical negligence solicitors and we will be happy to provide further information. 

    Contact our No Win No Fee Solicitors

    Our solicitors are experts in handling cases of medical negligence damages. You can reach out to our clinical negligence claims solicitors in Liverpool and all across England. 

    If you’ve been put off by the thought of having to go to court, it will interest you to know that the panel of solicitors we work with mostly resolve cases of medical negligence damages out of court. 

    Most importantly, if you are wondering the cost of our legal fees, you have absolutely nothing to worry about. Our solicitors operate a No Win No Fee arrangement where there is no cost to you as our client. Regardless of the outcome of your medical negligence damages claims, for example, in the event of an unsuccessful claim, you owe us nothing. 

    The only time you will be required to pay us a fee is when you have been awarded compensation. Here, we negotiate a success fee (usually a percentage of your total medical negligence compensation award). 

    We encourage you to act quickly to present your case to our solicitors. You also will not have to pay anything for your case evaluation if you fill our free no obligation claims assessment form this minute. 

    We look forward to helping you get that compensation you deserve! 

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