Specialist Solicitors

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Clinical Negligence Law

Compensation Calculation

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If someone close to you has suffered the consequences of a medical error whilst not only being emotionally and psychologically damaging it can have serious financial consequences and in the worst cases result in the shortening of life expectancy or death. Individuals who are the victims of clinical errors are protected by the law and can claim medical negligence compensation for pain and suffering and for any losses or expenses that have been sustained.

The NHS is the target of thousands of medical negligence compensation claims every month. Overall current liability of the NHS for clinical errors is estimated to be greater than £5 billon. These claims are the result of poor occupational practices of healthcare professionals including nurses, technicians, doctors and consultants arising in clinics, hospitals and healthcare trusts.

Medical negligence compensation claims usually entail significant expense however the no win no fee scheme passes most of the risk to the solicitor handling the case. In addition legal aid is available for those in receipt of a low income including benefits claimants. There are several other methods of funding a case including insurance policies, trades unions and commercial litigation funding. In order to pursue a claim one essential condition must be satisfied - the harm resulting from the clinical error should be to a degree that justifies the legal expenses related to the medical negligence claim.

Insurers are generally the entities that have to pay medical negligence compensation which for the sake of convenience is divided into two categories known as General Damages or Special Damages:-

• Special Damages represents compensation for items that can be computed precisely (such as loss of past and present wages and damage to personal property.) Most items that fall under this category can be proved by written evidence such as paperwork or estimates that may need little or no recourse to judicial evaluation.
• General Damages represents compensation that is hard to calculate precisely and in the event that the figures cannot be agreed must be assessed by a judge. The major item to be considered under this category is usually the pain and suffering for personal injury incurred by the patient. Various other items may also fall under this category including loss of satisfactory employment, loss of quality of life and possible future loss of opportunity in the job market. The market leading multi-volume book entitled "the Quantum of Damages" by Kemp & Kemp aims to help solicitors estimate relatively accurately the amount of general damages for pain and suffering that could be awarded in a medical negligence compensation claim. Referring to this volume should make the process of computing general damages much easier for both the solicitor and the injured party.

This website is for information only and does not contain medical or legal advice which should only be obtained from a qualified professional person. This website does not recommend any individual medical or legal professionals and does not refer matters on to any medical or legal professionals. This website is not intended to endorse any person, association or firm.