Medical Negligence Compensation Claim - How Is It Calculated

We are fortunate to be British in comparison to much of the rest of the world because we have excellent quality of healthcare. The professionals that look after our health in both public and private sectors are diligent and caring. The UK has a number of world famous hospitals however unfortunately mistakes do occasionally occur which can be disastrous both to an individual and to their families. If the error of judgement can be blamed on the fault of a healthcare professional then medical negligence compensation may be payable. Our Solicitors use the no win no fee* scheme and may be able to help you.

Healthcare Professionals

Common mistakes include treatment that was not necessary or a failing in the treatment that was necessary. Any category of healthcare professional can be involved in errors including consultants, doctors, dentists, nurses and technical staff. If you are the victim of a medical error or a member of your family has been a victim you are entitled to make a medical negligence compensation claim. Similarly if you are the dependent of someone who has passed away due to a medical mistake then you have the legal right to make a claim. If you are in any doubt about these matters just call our solicitors for advice at no cost.

Damages Awards

Receiving money in a clinical negligence compensation claim can never fully make up for the loss and no system of law could ever hope to recompense you properly. An award of damages may help to ease the pain and can make life easier for those who are suffering. Assessment and calculation of personal injury damages is not an easy task and for the sake of convenience lawyers divide awards into two categories as follows :-

General Damages
This category represents compensation for items that can cannot be calculated easily including items that are likely to continue running into the future and as such involve a degree of estimation or assessment. Included in this category are pain & suffering, loss of promotion or other opportunities, disadvantage in the labour market, inability to carry out day to day tasks and hobbies, future loss of earnings etc.

Special Damages
This category represents compensation for losses that can be calculated mathematically with some accuracy including past loss of earnings, past care and assistance expenses, medical costs incurred, legal fees and other general expenses.

Assessment

Items that have to be assessed in a medical negligence compensation claim depend on the skill and experience of the judge who will make his decision after hearing representations from both sides legal representatives and after calling on his inevitably considerable experience tempered with awards made in previously decided cases and government guidelines for damages put forward by the Judicial Studies Board. Many lawyers refer to'Kemp & Kemp' - 'Quantum of Damages' when assessing compensation for pain and suffering, which is available in most public libraries.

Medical Negligence Compensation Advice

If you or your child has suffered personal injury and you fear that it may have been due to incompetence or negligence there is no time for delay. In order to know what options you have you should seek expert legal advice on medical negligence compensation as soon as possible. Our solicitors operate a free service whereby you can meet us in person or chat over the telephone with one of our experts and obtain initial advice. If you subsequently decide to proceed no further then that is your right and you will not be charged for our initial advice.

The author of the substantive medical writing on this website is Dr. Christine Traxler MD whose biography can be read here