Compensation for clinical negligence


When a claimant is successful in a claim for clinical negligence, compensation is awarded to the claimant. Compensation is often referred to in law as damages.

To gain compensation will mean a clinical negligence case going before the courts. However, in reality, few clinical compensation cases actually appear in a courtroom. Most cases will be settled outside of court.

It is vital that you have proper legal representation at every stage of your case. Clinical negligence solicitors have detailed knowledge of the law as it relates to medical cases where clinical negligence may have taken place.

How much compensation can I claim?

If a claimant is successful with their claim for clinical negligence, compensation should be discussed by both parties. They should try to agree on the amount the claimant is to receive. If the parties cannot agree on an amount, the judge will have to make the final decision.

When assessing the amount of clinical negligence compensation a claimant is to receive, judges must consider the two types of damages. The first is known as 'General damages', and the second is known as 'Special damages'.

1) General damages

This is made up of compensation for the pain and suffering the claimant has suffered due to the negligent treatment. It also takes into account the effect the injuries have had on the claimant's everyday life. When assessing the amount to award, the judge will have regard to the amount awarded in previous cases of a similar nature.

2) Special damages

This is made up of the claimant's financial losses. It covers both past and future losses. It might include things like a loss of employment. Documentary evidence must be provided in support of these claims.

The assessment of clinical negligence compensation involves considering the normal rules on remoteness of damages. This rule states that damages cannot be claimed for losses that cannot reasonably be claimed to have arisen due to the injuries suffered.

Relative-death compensation

Relative-death compensation can be claimed if you can prove that your relative died because of clinical negligence by the healthcare worker(s) that treated them. Clinical negligence is defined as injury, suffering, or death as the direct result of the action or inaction of a healthcare worker.

If your case for compensation is proven the courts will award you ‘bereavement damages’. Currently this payment is £10,000 if your wife, husband or child under 18 has died. You can also claim this relative-death compensation if you were financially dependent on the person that has died, or you are making the claim on behalf of the deceased patient’s estate.

For more information on what a lawyer can do for you, see our page on clinical negligence solicitors.

Are you trying to claim compensation for a clinical negligence case? Having the right representation can make the difference between you being awarded a small sum, or the sum you deserve. Contact Law can put you in touch with a specialist clinical negligence solicitor to represent you. Please call us on 0800 1777 162 or complete the web-form above. 

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