If you have been a victim of poor medical care while undertaking treatment at the NHS and have been injured or harmed as a result, you may be entitled to a claim for medical negligence compensation. When an institution like the NHS provides care that falls below the acceptable standard you deserve, a compensation claim can help restore the quality of life you enjoyed prior to the negligence treatment you received.
Where this is not physically possible, and NHS compensation can help improve your living condition after a damaging or even life-changing experience.
The compensation amount you will be awarded after making a claim against the NHS will depend on a number of factors revolving around the severity of the injury and loss you suffered as well as the costs needed to aid your recovery. Here at Medical Negligence Direct, we work with a panel of specialist solicitors who can help you navigate the complex NHS negligence process and, where negligence can be proven, help you secure the compensation you deserve.
What Compensation Can I Claim For?
To successfully calculate the compensation amount you may be entitled to, it must be broken down into two major areas:
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General Damages
This compensates the NHS negligence victim for the pain and suffering they are experienced. The amount will be calculated based on the severity of the injury and how it has impacted their life. To prove that your injury was due to negligent treatment, the help of medical experts will be required to establish that a person of your healthcare provider’s skill would not have provided such a poor level of care. NHS solicitors can use a compensation calculator to estimate how much compensation you can expect.
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Special Damages
This compensates out-of-pocket expenses incurred as a result of the negligence you suffered. Special damages include loss of earnings as well as any future estimated earnings. It may also include travel costs, specialist equipment, change of accommodation, medical care bills, professional care, adaptive accommodation and parking costs.
These losses must be proven before you are awarded any compensation, so it is best to keep records that were a result of the incident. Your solicitor will help you prove the costs of care and aftercare rehabilitation.
What is the Average Compensation Amount for NHS Negligence?
Every medical negligence claim is unique. Therefore, it is impossible to determine the exact amount a claimant can receive for NHS negligence. However, the NHS Litigation Authority states that the average payout for claims against the NHS is £50,000. NHS negligence claims can range from anywhere between £1,000 and over £200,000, and even more, depending on the severity of the case.
The table below depicts the average amounts for injuries relating to NHS negligence claims:
| REASON FOR COMPENSATION | DESCRIPTION | AVERAGE COMPENSATION AMOUNT |
| Pain and suffering | The severity of pain and suffering will determine compensation amount. In some cases, you may receive higher payouts. | £1,000 – £200,000 |
| Head injury | Severe brain damage | £185,000 – £275,000 |
| Psychological damage | Severe | £30,000 – £70,000 |
| Loss of anticipated earnings | Based on your future earning prospect and your current income level. | £10,000 – £400,000 |
| Serious chest injury | Persistent pain and lifelong disability | £45,000 – £95,000 |
| Severe neck injury | Little to no neck movement | £15,000 – £95,000 |
| Ear injury | Total deafness | £62,000 – £76,000 |
Is it Right to Seek Compensation for NHS Negligence?
Yes. If you have been a victim of negligence while under NHS care, you have the right to seek compensation. Medical negligence victims make claims for different reasons. Some are just okay with an apology and admission of liability that the service they received was poor and that there will be no repeat of such. Others may believe that the injury they suffered was no fault of their own and that their life has been disrupted as a result, and there is need for financial settlement to get their life back on track.
Many victims of NHS negligence make compensation claims for the recovery and aftercare expenses, as the costs will be above their means. Some can no longer work, struggle with poor living conditions and rehabilitation may only offer little help, if at all; these ones need compensation to live a fairly comfortable life.
Can I Make NHS Compensation Claim After Three Years?
It is generally expected that victims of NHS negligence start a claim within three years of when the incident occurred. In most cases, it will be impossible to make a claim after three years, but there are a few exceptions. For instance, if you were a child when you received the negligent treatment, you will have three from your 18th birthday to bring the claim if your parents did not start the claim on your behalf at the time of the incident.
Note: Court proceedings should also be issued within the three-year timescale.
Can I Claim Against the NHS for Negligence Causing Death?
In some cases, the consequences of NHS negligence can be fatal. If your loved one has passed away as a result of negligent treatment at the NHS, you can make a compensation claim on their behalf. You will be able to sue the NHS if you are a family member or a dependant of the deceased. In this case, you will be able to make claims for general damages, funeral expenses, medical expenses, punitive damages and bereavement award.
Do not hesitate to get in touch with us at Medical Negligence Direct for more information on making NHS negligence claims on behalf of a deceased loved one.
No Win No Fee NHS Negligence Claims
We handle the vast majority of NHS negligence claims on a No Win No Fee basis, which gives our clients the peace of mind knowing that they will not incur any financial risks. No matter your financial capacity, a No Win No Fee arrangement ensures that you wouldn’t have to worry about funding your claim; a success fee (percentage of your compensation) will only be taken if your claim is successful.
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Why Choose Us?
First of all, the solicitors we work with are specialists – the best NHS solicitors around – with a successful track record in NHS negligence claims. We also prioritize the interests of our clients, as we recognize that this is an incredibly difficult time for you. This is why our solicitors work hard to secure the maximum compensation possible, so you can focus on your rehabilitation.
If you have any questions or need our help for any reason, we are only a phone call away. Give us a call on 0800 644 4240 so you can speak with one of our friendly medical negligence experts, who will happily provide any answers you need to help you make an informed decision.
