MEDICAL NEGLIGENCE COMPENSATION CLAIMS
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.
COMPENSATION HELPLINE 0845 177 0929
NHS Liability
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.
COMPENSATION HELPLINE 0845 177 0929
Funding Claims
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.
COMPENSATION HELPLINE 0845 177 0929
Damages Award
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. 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 and Special Damages. Personal injury compensation is 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
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. 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. 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. Interest which can be claimed on general damages awards runs from the date of service of legal proceedings.