What is the average payout for a medical negligence claim?

Reading time: 4 mins

Carrie Tennick, September 30, 2020

When you seek out medical care for a health problem, the last thing you expect is for that to be made worse by your treatment.

But that’s exactly what can happen in cases of medical negligence.

After suffering from an experience like this, you’ll probably have many questions – particularly when you decide to exercise your right to make a clinical negligence compensation claim.

As well as wondering who can help you and what the claim process will be like, you might be left questioning what the average payout for a medical negligence claim is.

Medical negligence payouts

A medical negligence payout is intended to get you back to the quality of life you had before you experienced negligent medical care. A payout is issued to you to compensate for the pain and suffering you have been through.

This covers both physical and mental pain, as well as any financial impact the injury or illness has had on your life. Compensation is split into two parts to cover these elements.

General damages are awarded to compensate you for the pain you’ve experienced as a result of the negligence you suffered. These usually fall into a fixed range, with higher amounts issued for more severe injuries.

Special damages cover any financial losses you’ve experienced as a direct result of the clinical negligence you went through. These will depend on your circumstances and what impact the injury has had on your life. It can cover a loss of earnings if you’re unable to work, medical expenses and travel to and from medical appointments, among other things.

How much will I be awarded for a medical negligence claim?

Every victim of medical negligence undergoes a different experience. Even if you suffer the same form of negligence as someone else – for example, unnecessary surgery or a foreign object left inside you after a procedure – its impact on your life will be unique to you.

The severity of your injury, its likely impact on your life and the expected length of your recovery period – if you are expected to recover – will affect how much compensation you receive. That means you might receive a different payout to someone else who has suffered a similar experience.

For a rough idea of the compensation you could expect to receive for a successful claim, visit our compensation calculator.

How much is spent on medical negligence payouts?

NHS Resolution – the body responsible for providing expertise to the NHS to resolve issues – said that the “cost of harm arising from clinical activity during 2019/20 covered by the Clinical Negligence Scheme for Trusts was £8.3 billion”.

The organisation also reported that 11,682 new clinical claims and reported incidents were recorded in 2019/20.

Gynaecological and childbirth claims result in the highest amounts of compensation, with NHS Resolution saying that these claims represent 50% of the total value of all clinical negligence claims received.

There is no requirement for all private healthcare providers to make public the amount they have paid out to settle medical negligence claims. But you are just as entitled to make a claim against a private provider as an NHS provider if you’ve been the victim of negligence.

Why should I make a medical negligence claim?

If you’ve been the victim of medical negligence, it is your legal right to make a claim for compensation. This can help you to obtain the justice you’re entitled to.

The compensation you’re awarded for a successful claim can help your recovery. It can pay for any physical aids you may need, such as wheelchairs or home modifications. It can also mean you don’t have to worry about paying the bills if you can’t work – letting you focus on getting back on your feet.

Making a compensation claim after clinical negligence can also mean that the hospital, clinic or practice responsible is alerted to what went wrong. This can help them address the problem, meaning that it doesn’t happen to anyone else.

If you need some help working out whether you have a medical negligence claim or if you want to know how much you might be entitled to in a payout, just get in touch. Our understanding and compassionate team are here to talk you through your options.

To find out how we can help make the process of a clinical claim more straightforward, give us a call, request a call back or start your claim online.

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