By Daniel Burnham. Last Updated 23rd November 2022. In this guide, we will look at the process of using a compensation calculator for NHS negligence. When you seek medical attention, you are entitled to a minimum standard of care. This minimum standard of care is the same whether you seek medical attention from a private healthcare facility or from the NHS.
Calculating Compensation For NHS Medical Negligence
When a healthcare provider is negligent, this means that they provide a level of care that doesn’t meet the aforementioned standard. Medical negligence can be detrimental to your health; if you’ve been harmed or your condition has been made worse as a direct result of experiencing negligence, then you may be able to claim.
The process of making a claim for medical negligence can seem daunting. Our team of advisors can help.
They are on hand to offer you free legal advice about making a claim. Furthermore, if you have a valid claim, they could connect you with a No Win No Fee solicitor from our panel.
Jump To A Section
- A Guide To Using A Compensation Calculator For NHS Negligence
- What Is NHS Negligence?
- What Things Can You Claim For After Medical Negligence By The NHS?
- Common Types Of Medical Negligence You Could Claim For
- NHS Clinical Negligence Statistics
- Care Claims After NHS Medical Negligence
- How To Use A Compensation Calculator For NHS Negligence
- How Much Could I Expect To Claim For NHS Negligence?
- Medical Negligence Compensation Calculator
- No Win No Fee Medical Negligence Claim Agreements
- Get Free Legal Advice About Your Claim
- Ask Our Team To Calculate Your NHS Negligence Claim
- Resources And Case Studies
- NHS Negligence Claim FAQs
In this guide, we will explain what medical negligence is and how it can affect you. We will also look at the different costs and losses that could be included in a claim.
You may be wondering what different forms medical negligence could take. This guide will offer you some examples of the different kinds of medical negligence you could experience and how they could occur.
After gaining an understanding of what medical negligence is, you may be wondering how much compensation you could receive. This guide will explain the two “heads” of claim that could make up a settlement.
Furthermore, we will give some example compensation awards that you could receive. You could use our compensation calculator to value your claim, but we’ve also included a table illustrating some guideline compensation amounts.
Finally, we will look at what No Win No Fee agreements are. We will also examine how one could help you fund legal representation for your claim.
For more information on making a medical negligence claim against the NHS, speak with a member of our team today. You could be connected with a No Win No Fee solicitor from our panel.
Medical negligence, as we have already mentioned, is when you’re provided a level of care by a healthcare provider that falls below the acceptable standard. In order to claim compensation, you need to show that this negligence was detrimental to your health.
Experiencing harm after medical treatment is not always an indicator of negligence; sometimes, harm is necessary when treating a condition or injury. For example, if you are diagnosed with cancer, you may undergo chemotherapy, which may make you ill. However, this treatment would still fall within the acceptable standard of care.
Something called the Bolam Test might be used to determine whether or not a medical professional was negligent. This is where a panel of other medical professionals who specialise in the relevant field are asked to confirm whether or not the standard of care was of an acceptable level. If not, then they could be considered negligent.
There are two potential heads of claim that a medical negligence claim could consist of. These are referred to as general and special damages.
General damages relate to the pain and suffering caused by the injury (including emotional suffering) as well as the decline in your quality of life. Special damages relate to the financial loss caused by the injury.
As part of special damages, you could claim back:
- Loss of earnings
- Loss of future earnings
- Travel costs
- Recreational activities that you’re now unable to commit to.
Our compensation calculator for NHS negligence can help you work out the amount of compensation you could receive if your claim is successful. Otherwise, you can get in touch with our team today for more information.
What Evidence Will I Need If I Want To Successfully Claim Against the NHS?
When seeking to claim compensation from the NHS for negligence, you will need to supply evidence that proves the following:
- You were owed a duty of care by a medical professional or NHS trust
- This duty of care was breached
- You were caused harm as a result of this breach
You could potentially claim two types of damages in a successful medical negligence claim. General damages compensates for the harm and suffering caused by the injury. Special damages addresses any related financial losses and costs.
Evidence that could support your injury, and therefore general damages, includes:
- Medical evidence that shows the cause and/or severity of your injury
- Photographs of the injury
Evidence that could support your special damages claim could include:
- Receipts for out-of-pocket costs
- Payslips to demonstrate affected earnings
- Evidence of how long your injury may result in your paying for care costs/medical expenses
A member of our team could advise you on specific evidence to collect and how to do so. Our advisors may also be able to provide examples of NHS compensation payouts and guide you on what your next steps could be.
In this section, we have included some examples of how medical negligence could occur, causing someone harm.
Please bear in mind that this list is not exhaustive, and you might have been harmed by negligence in a way we have not mentioned below. Get in touch with our team today if this is the case; we could walk you through using our compensation calculator for NHS negligence to value your claim.
Medication And Prescription Errors
Medication and prescriptions are an important part of healthcare. In many cases, you could be prescribed medication to improve your condition or help you recover.
However, medical negligence in this area of healthcare can cause you harm. For example:
- Your GP makes a spelling mistake on your prescription. This causes you to be given the wrong medicine.
- You’re told to take the wrong dosage of the medicine you’re prescribed. This means that your symptoms persist and your condition gets worse.
- In the pharmacy, you’re mistakenly given someone else’s medication entirely. You are allergic to this medication and it makes you very ill.
Missed Diagnosis Of An Illness Or Injury
When you seek medical attention, it’s important that your condition is diagnosed correctly. A correct diagnosis means that you can get the right treatment and medication needed.
Some examples of how a missed diagnosis or misdiagnosis could occur include:
- Your doctor fails to listen to you while you describe your symptoms, meaning that they don’t come to a correct diagnosis.
- X-rays are misread, meaning that you’re diagnosed with a strain or sprain instead of a broken ankle.
- While giving birth, your doctor fails to spot the signs of preeclampsia. This causes complications that cause your child to be ill.
Delayed Diagnosis Of An Injury Or Illness
This kind of medical negligence is similar to a missed diagnosis. Both of these forms of medical negligence could mean that you don’t get the treatment you need for your condition.
For example, a hairline fracture might initially be missed by your doctor. It may only be noticed once it progresses to a point where it’s more serious. At this point, you may need to undergo surgery that you wouldn’t have undergone if the right diagnosis had been reached initially.
Negligence By A GP
Often, your GP is the first port of call for medical treatment. You may go to them initially with any concerns that you have.
Some examples of how the actions of a GP could cause you to be harmed include:
- They fail to refer you to a specialist despite clear signs that you’re suffering from a particular condition.
- Your GP doesn’t change their gloves between patients and performs an examination on you. You contract an infection.
- You’re given the wrong advice for treating a burn injury. This means that it fails to heal, resulting in severe scarring that could have been avoided if the right level of care is administered.
Dentists, as medical professionals, are subject to the same standard of care as doctors, nurses and surgeons. Below, we’ve included some examples of how a dentist could cause harm through negligence:
- The wrong tooth is removed. This could cause you unnecessary pain, and you would need to undergo another extraction so that the correct tooth can be removed.
- You aren’t given enough anaesthetic, meaning that your procedure is much more painful than it needs to be.
- Your dentist fails to spot the signs of oral cancer. This means that the condition progresses without treatment.
Surgical Errors And Never Events
Surgical errors happen while an operation is being performed, and the effects can vary depending on what the surgical error is. A “never event” is something that should be entirely avoidable if the proper guidance and systems are followed. If you experience a never event that causes you harm, you could use a compensation calculator for NHS negligence to see how much you could be owed.
They can include:
- Operations on the wrong part of the body. For example, you might undergo surgery on a broken foot and have them operate on the left foot instead of the right.
- A piece of surgical equipment is retained by your body when you’re undergoing surgery for a hernia.
- You’re subjected to an unnecessarily large scar injury because your surgeon didn’t conduct themselves with the requisite care and attention while operating on you.
A hospital-acquired infection can worsen your condition or give you entirely new symptoms for your already weakened body to deal with.
Sometimes, patients will contract infections in hospitals even when the right level of care is administered. Other times, though, it can be the result of negligence.
- A nurse failing to wash their hands before changing a catheter.
- You’re in a private hospital room as you’re unable to move about, but there is no hand soap in your bathroom. This means you cannot clean your hands and contract an infection.
- You’re given a hospital bed, but the sheets have not been changed since the previous patient. You contract an infection because of this.
The graph above shows the volume of new claims made to the NHS in 2020/21 by area of medicine. As you can see, of the selected areas, the highest volume of claims were made in relation to orthopaedic surgery, with 1256 claims made.
You can use our compensation calculator for NHS negligence to see how much you could receive. However, if you’d prefer, you can also speak with someone directly about pursuing compensation; give our team of advisors a call today for free legal advice.
If you’ve suffered a permanent injury as the result of medical negligence., you may need medical care to help you deal with the decline in your quality of life. You can claim this as part of your special damages compensation.
A care cost could include compensation for:
- Adaptations to your home, such as a chair lift or installation of a ramp.
- The costs of a care nurse.
- Changes to vehicles, including buying a vehicle that is wheelchair accessible.
There are many more things that could be covered by a care claim. Speak to one of our advisors today for a no-obligation assessment of your claim; they could connect you with a No Win No Fee solicitor from our panel to work on your claim.
When you use our compensation calculator to see how much you could be owed, you’ll be asked to confirm what kinds of injuries you’ve sustained as a result of negligence. You will also be asked to confirm how severe these injuries are.
One important thing to note is that this compensation calculator will not take into account any special damages associated with your claim. Therefore, you can get in touch with our team today for more insight on how much you could be owed.
The Judicial College creates guideline compensation brackets based on the extent and consequences of your injury. They compare past compensation payouts that have been made and compare them with the type and severity of the injury.
In order for this head of your claim to be valued, you will be invited to an independent medical assessment. Here, your injuries will be assessed and the medical expert will create a report. This report will then be used to value your claim.
If you would like to claim special damages, then it’s important that you keep hold of any evidence of the costs you have incurred. For example, payslips could show that you’ve taken time off work, whereas you might produce an invoice to show adaptations you’ve had to make to your home.
If you’re unsure if you can claim or have questions about the claims process, please call us for free legal advice using the phone number at the top of this page.
Whether making a claim against the NHS or a private healthcare company, the process of valuing a claim is the same.
General damages is the portion of your settlement that’s calculated to address your pain and suffering. Legal professionals use a publication called the Judicial College Guidelines (JCG) to help them value claims. We’ve included some figures from the 2022 updated edition of the JCG in the table below, as this is the most recent version.
However, your own claim needs to be individually assessed before an accurate valuation can be made. Get in touch today and we can take you through this process.
|Body Part||Severity||Compensation Bracket||Details|
|Chest||Serious||£100,670 to £150,110||Total removal of one lung and/or serious heart damage with serious and sustained pain and suffering.|
|Shoulder||Severe||£19,200 to £48,030||Damage to the brachial plexus resulting in serious disability.|
|Kidney||Loss||£169,400 to £210,400||Serious damage and permanent damage to or loss of both kidneys.|
|Bowels||N/A||£44,590 to £69,730||Severe abdominal injury causing impairment of function and usually requiring temporary colostomy.|
|Spleen||Loss||£20,800 to £26,290||Loss of spleen due to continuing risk of internal infection and disorders due to damage caused to the immune system.|
|Neck||Minor (iii)||Up to £2,450||Where a full recovery is made within three months.|
|Back||Severe (ii)||£74,160 to £88,430||Injuries within this bracket will often carry special features that take them outside any applicable lower bracket. This might include, impaired mobility and sensation and an impact on bladder and bowel functions.|
|Arms||Loss||£240,790 to £300,000||Loss of both arms.|
|Leg||Moderate/Minor||£27,760 to £39,200||Complex or multiple fractures or severe crushing injuries, usually to a single limb.|
|Infertility: Female||N/A||£17,960 to £36,740||No medical complications or dysfunction of a sexual mature|
Remember, it doesn’t matter if the medical negligence that caused you harm occurred in a private facility or one run by the NHS. Compensation payouts are still calculated the same way.
Our panel of solicitors offer their services on a No win No fee basis. This means that you won’t need to pay them any legal fees, either upfront or during the claim. Furthermore, there will be nothing to pay them at all in the event that your claim fails.
Instead, your solicitor will take a small portion of your compensation as payment if your claim is successful. This success fee is subject to a legal cap to prevent you from being overcharged. Furthermore, being offered a No Win No Fee agreement is often an indication that the solicitor feels you have a reasonable chance of success.
If you would like to know more about how a No Win No Fee agreement could help you fund legal representation for your claim, speak to a member of our team today.
To see if you can hire a No Win No Fee personal injury solicitor, call our team of advisors for free legal advice. They are available 24/7, so you can get in touch whenever you’re ready.
- Telephone – 0800 408 7826
- Contact us through Live Chat using the window on the bottom right of your screen.
- Contact us through our website.
If you’re unsure how to use our compensation calculator for NHS negligence, don’t worry! Our team of advisors can help you with it to see how much compensation you could be owed. Just give us a call with your query, and we’d be happy to run you through the process.
We can also help those who would rather not use the calculator by assessing the value of your claim. Get in touch today, and an advisor will be happy to help.
If you would like more information, please refer to the links below.
For more advice from the NHS about claims, visit their website.
The Citizens Advice Bureau have guidance on taking legal action against the NHS.
The General Medical Council can provide you with more malpractice and negligence claims information.
To see if you can claim finger fracture compensation, read our guide.
Have you broken your thumb in a public accident? If so, find out more information on how to claim here.
For more information on claiming for a broken foot, read on.
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How do I prove my claim?
You prove the validity of your claim by providing evidence. You can provide medical evidence to prove your injuries as well as receipts and invoices to show the financial losses you’ve incurred.
How long does an NHS negligence claim take?
This will depend on a number of factors, for example, whether the case goes to court or how complex the injuries are.
What is the time limit for making a claim?
The time limit to make a claim is either 3 years from the date of the injury or 3 years from the date you discovered you were injured. There are exceptions that can apply, however- speak to our team for more information.
Will I need to see a doctor?
An independent medical assessment will need to be performed to determine your injuries. A solicitor from our panel may be able to arrange this meeting in your local area to reduce travel time.
Thank you for reading this guide on using our compensation calculator for NHS negligence claims.
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