Specialist Solicitors

Funding Options

Clinical Negligence Law

Compensation Calculation

NHS Complaints

Accident & Emergency

Coroners Inquests

GP Negligence

General Surgery

Cancer Diagnosis

Brain Haemorrhage

Birth Injury

Hypoglycaemia

Obstetrics & Gynaecology

Cauda Equina Syndrome

Cosmetic Surgery

Female Sterilisation

Vasectomy Failure

Medical negligence compensation is payable as a result of the failure of a health care provider to treat and care for a patient with a reasonable degree of skill and care which results in injury. If a healthcare professional was careless, lacked proper skills or disregarded established rules there may be a liability to pay damages.

Damages are intended to put the injured party back into the position that they would have been in if the accident had not happened. Money can never compensate for physical injury or death however the main items of compensation are as follows;

• Special damages
  are items of loss which can be calculated accurately and are usually proved by production of receipts or estimates. Future anticipated losses can also be claimed. Interest which runs from the date of the accident is applied to the final award. These losses may include ;
  • loss of earnings
  • assistance for household chores
  • care and assistance
  • general expenses
  • medical costs
  • traveling expenses
  • prescription charges
  • aids and equipment
  • adapted accommodation and transport
• General damages
  represents items which cannot be calculated precisely and usually have to be assessed. The main item of general damages is usually the compensation for the injury itself including pain and suffering. Damages for pain and suffering are normally established following review of medical reports obtained specially for the purpose and thereafter considering the guidelines set out by ‘The Judicial Studies Board’ and previous awards of compensation made in earlier cases. Other items in this category include loss of the enjoyment of life, disadvantage on the open labour market, loss of congenial employment if a less than satisfactory new job has to be taken and any loss or change of lifestyle compared to that which was previously enjoyed. Interest which can be claimed on general damages awards runs from the date of service of legal proceedings.

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.