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If you have suffered an injury or your health has been affected because of negligent treatment by the NHS, you may be entitled to claim compensation.
A claim may come about when a patient suffers an injury due to poor quality care, such as misdiagnosis, incorrect care, failure to provide follow up care or where an error has been made.
One of the most common questions people have is how much compensation they could receive. There is no standard NHS compensation payout. The value of a clinical negligence claim depends on the circumstances of the individual case, including the nature and severity of the injury, its impact on your life and any financial losses you have experienced.
This guide explains how NHS compensation payouts are calculated and what you need to know if you are considering making a clinical negligence claim.
NHS compensation claims are usually made where a patient has suffered harm because the care they received fell below an acceptable standard.
Clinical negligence can occur in a number of circumstances, some of the most common claims include:
Experiencing a poor outcome does not in itself automatically mean that the NHS has been negligent. To make a successful claim, it will generally be necessary to establish that the standard of care was unacceptable and that this caused or contributed to your injury.
There is no fixed amount of compensation for a particular type of clinical negligence. Instead, compensation is calculated according to the losses and suffering caused by the negligence.
A compensation award will usually include two main elements: general damages and special damages.
General damages compensate for the pain, suffering and impact on your quality of life caused by the injury. The amount will depend on factors such as the severity of your condition, whether you have made or are expected to make a full recovery, and how your injury has affected your everyday life.
Special damages cover the financial losses and expenses resulting from the negligence. Depending on the circumstances, these could include:
In serious cases, where an injury has resulted in a permanent disability or significant care needs, future losses can form a substantial part of the compensation claim.
It is difficult to give an accurate estimate without understanding the individual circumstances of a claim.
Two people who have experienced similar medical errors could receive very different amounts of compensation because the consequences for each person may be different.
For example, one person may make a full recovery following a delayed diagnosis, while another may suffer permanent disability and be unable to return to work. The second claim could therefore include significant future losses and care costs in addition to compensation for the injury itself.
This is why compensation should not be assessed simply by looking at the type of negligence that occurred. The focus is on the harm caused and the effect it has had, and will continue to have, on the individual.
Medical evidence is an important part of a clinical negligence claim. Your solicitor will usually need to obtain and review your medical records and may arrange for independent medical experts to provide opinions about your treatment and injuries.
Expert evidence can help establish whether the treatment you received fell below the required standard and whether this caused your injury.
Evidence of your financial losses may also be required. This could include payslips, employment records, receipts and invoices for expenses you have incurred because of your injury.
The length of a clinical negligence claim can vary considerably.
Straightforward claims may be resolved relatively quickly, while more complex cases can take several years. This can be particularly true where someone has suffered a serious injury and it is necessary to understand their long-term prognosis before the value of the claim can be assessed.
It is important not to settle a claim too early if the full extent of your injury and future needs are not yet clear. A settlement is normally intended to provide compensation for your losses both now and in the future.
There are strict time limits for bringing most clinical negligence claims.
Generally, a claim must be started within three years of the date of the negligent treatment or the date you became aware, or should reasonably have become aware, that your injury may have been caused by negligence.
There are exceptions to this rule, including cases involving children and people who lack mental capacity.
Because the time limits can be complicated, it is advisable to seek legal advice as soon as possible if you believe you may have been affected by clinical negligence.
If a solicitor believes you may have a claim, they will investigate what happened, obtain medical records and may seek third party expert medical advice.
A formal letter setting out the allegations of negligence and the injuries and losses suffered can then be sent to the organisation responsible for the treatment.
The NHS will have an opportunity to investigate the allegations and respond. If liability is admitted, negotiations can take place to determine the appropriate level of compensation.
If liability is disputed, or if a settlement cannot be reached, your case may progress to court.
Yes. Many clinical negligence claims are settled without a court hearing.
Your solicitor will negotiate with the NHS or its representatives to try to reach an appropriate settlement. However, if the parties cannot agree, court proceedings may be required.
Whether a claim settles or proceeds to court, it is important that the compensation reflects the full extent of your injury and losses.
Claiming against the NHS for clinical negligence can be complex, and emotionally distressing at a difficult time, particularly where an injury has long-term consequences.
Given your experience, you may understandably feel wary about trusting professionals at this difficult time. Our team of experienced medical negligence solicitors will provide clear, compassionate support and guide you through every stage of your claim.
We can investigate your treatment, obtain the necessary medical and expert evidence and assess the financial losses arising from your own injuries. We will also consider your future needs and negotiate with the NHS on your behalf.
If you believe you have suffered harm as a result of negligent NHS treatment, getting in touch with Harrowells at an early stage can help you understand whether you may have a claim and what compensation you could potentially recover.
Our articles are intended for general information purposes only and are not a substitute for professional advice tailored to your specific circumstances. We are always very happy to discuss any plans, issues or concerns you may have and to clarify how we might be able to help. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.
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