What compensation can you claim for clinical negligence?

Have you or a loved one suffered harm due to substandard medical care? Clinical negligence can have devastating consequences, both physically, psychologically and financially. While compensation cannot undo the pain and suffering caused, it can help ease the financial burden and provide access to necessary care and support. Our comprehensive guide covers everything you need to know about claiming compensation for clinical negligence in the UK. Don’t navigate this complex process alone – seek legal expertise to ensure you receive the justice and compensation you deserve by consulting a specialized clinical neglicence solicitors today.

Discover your rights and the path to maximum compensation by reading our in-depth guide on clinical negligence claims.

What constitutes clinical negligence?

Clinical negligence, also known as medical negligence, occurs when a healthcare professional fails to provide an acceptable standard of care, resulting in harm or injury to the patient.

Examples of clinical negligence include:

• Misdiagnosis: Failing to diagnose a condition such as cancer, despite presenting symptoms, or misinterpreting test results and providing an incorrect diagnosis.
• Delayed diagnosis: Unreasonable delays in ordering necessary tests or referring to specialists, or failing to follow up on abnormal test results promptly.
• Incorrect treatment: Administering the wrong medication or incorrect dosage, or providing treatment that is contraindicated for the patient’s condition.
• Surgical errors: Operating on the wrong body part or site, or leaving surgical instruments or materials inside the patient.
• Birth injuries: Failure to monitor for signs of foetal distress, or improper use of forceps or vacuum extraction during delivery.

If you have suffered similar injuries in an accident context, discover how to manage your case in our article on Personal injury accident.

What are the key requirements for proving clinical negligence?

To establish clinical negligence, three key elements must be proven:

1. Duty of care: The healthcare provider owed a legal duty to provide reasonable care to the patient.
2. Breach of duty: There was a breach of this duty through substandard treatment.
3. Causation: This breach directly caused harm or injury to the patient, whether:
   • Physical injury.
   • Psychological trauma.
   • Worsening of an existing condition.

What steps are involved in the clinical negligence claims process?

The process of pursuing a clinical negligence claim involves several key steps:

1. Seeking legal advice: Contact a specialized clinical negligence solicitor who can assess the merits of your case and guide you through the process.
2. Gathering evidence: Your solicitor will obtain relevant medical records, witness statements, and expert medical opinions to establish liability and quantify the extent of your damages.
3. Notifying the defendant: A formal letter of claim will be sent to the healthcare provider or NHS trust responsible for the negligence, outlining the allegations and harm suffered.
4. Negotiation or court proceedings: If liability is accepted, negotiations will take place to settle the claim. If liability is denied or a settlement cannot be reached, the case may proceed to court.

Good to know:

The duration of the claims process can vary, with straightforward cases potentially settling within a year, while complex cases may take several years.

How do clinical negligence claims work for children and those lacking mental capacity?

Clinical negligence claims involving children or adults lacking mental capacity have some distinct characteristics. For children, the three-year time limit for filing a claim does not begin until their 18^th birthday, allowing them to bring a claim up until their 21^st birthday. If an adult lacks the mental capacity to make decisions due to a condition like dementia or severe learning disabilities, there is no time limit for bringing a claim.

In both cases, a “litigation friend” is appointed to act on behalf of the claimant. This role involves:

• Making decisions in the claimant’s best interests
• Communicating with legal representatives
• Attending court hearings
• Managing any compensation awarded

Settling out of court or going to trial: What factors should claimants consider?

When facing a clinical negligence claim, claimants must decide whether to settle out of court or proceed to trial. Here are some pros and cons to consider:

Settling out of court:

Proceeding to trial:

When deciding whether to settle out of court or proceed to trial, claimants should carefully consider factors such as the strength of their case, personal priorities and goals, financial stability and risk tolerance, emotional resilience, and time constraints.

What factors determine the amount of compensation for clinical negligence?

Compensation for clinical negligence claims is typically divided into two main categories:

• General damages

This refers to the compensation awarded for the pain, suffering, and loss of amenity experienced by the patient due to the negligent treatment. The amount is determined based on the severity of the injury, the impact on the patient’s quality of life, and expert medical evidence regarding the prognosis.

• Special damages

These cover the financial losses and expenses incurred by the patient as a direct result of the negligence. This can include:

• • Travel expenses.
  • Medical expenses.
  • Rehabilitation costs.
  • Care and assistance costs.
  • Home and vehicle adaptations.
  • Loss of earnings (past and future).

Did you know that?

Special damages account for the vast differences in compensation amounts awarded for clinical negligence claims. While the NHS Resolution reported an average payout of around £166,000 in 2018/19, individual compensation can vary significantly depending on each case’s specific circumstances and financial implications.

How much is the typical payout for clinical negligence claims?

The goal of clinical negligence compensation is to restore the victim’s quality of life to what it was before the negligent incident occurred. However, pinpointing an average or typical payout amount is challenging due to the unique specifics of each claim.

To provide guidance, the Judicial College published compensation ranges for various types of injuries, which serve as benchmarks:

• Severe back injuries: £38,780 – £160,980.
• Severe brain damage: £282,010 – £403,990.
• Minor brain or head injuries: £2,210 – £12,770.

While NHS Resolution’s annual reports also offer insights into the overall claims landscape, precise average payout figures are difficult to determine, as most compensation records are kept confidential due to out-of-court settlement conditions. Nonetheless, high-profile cases involving substantial payouts, such as the £37 million awarded to a child who suffered catastrophic brain damage during birth, highlight the potential for significant compensation in severe cases of medical negligence.

What compensation can family members claim if clinical negligence results in a loved one’s death?

When clinical negligence tragically leads to the death of a patient, eligible family members may pursue specific types of compensation to address their emotional and financial losses. These claims, known as fatal claims, aim to provide support and recognition for the profound impact of the loss on the family.

The main types of compensation available in fatal clinical negligence claims include:

1. Bereavement damages: A fixed statutory amount awarded to the deceased’s spouse, civil partner, or parents (if the deceased was under 18) in recognition of the grief and loss suffered.
2. Funeral expenses: Compensation to cover reasonable costs associated with the deceased’s funeral, burial, or cremation.
3. Dependency claims: Compensation for the loss of financial support that the deceased would have provided to their dependents, such as their spouse, children, or parents. This may include income, pension, and other benefits.
4. Loss of services: Compensation for the loss of the deceased’s services, such as childcare, housework, or care for elderly relatives.

Who covers the cost of compensation in successful medical negligence claims?

For successful claims against the NHS, the compensation is paid by NHS Resolution, the organization responsible for handling legal disputes involving NHS trusts and staff.

In the private sector, hospitals, GP surgeries, and clinics are required to have medical indemnity insurance. This insurance covers the costs of any compensation owed to successful claimants.

How do claimants receive their medical negligence compensation?

Claimants typically receive their compensation in one of two ways:

1. Lump sum payment: This is a one-time payment covering the entire compensation amount awarded. It is common for cases where ongoing care is not required.
2. Combination of lump sum and periodic payments: In cases involving long-term care needs, claimants receive an initial lump sum for immediate expenses like lost earnings and home modifications. They also receive ongoing annual payments (periodic payments) to cover future care costs, therapies, and other recurring needs.

Maximizing your clinical negligence claim: Essential tips for claimants

Here are some essential tips for those pursuing a clinical negligence claim:

• Engage a solicitor specializing in medical negligence promptly, as time limits for filing claims exist.
• Maintain a detailed journal documenting how the injuries impact your daily life and keep all expense-related receipts organized.
• Carefully store and protect all correspondence and documents received from your solicitor, avoiding sharing them with others.
• Exercise patience, as legal proceedings can be lengthy, but interim compensation payments may provide financial and practical assistance.
• Seek emotional support from loved ones, support groups, and take advantage of any support services offered by your legal team.
• Consider setting up a personal injury trust to manage and protect your compensation award effectively.

Do you need a solicitor for a clinical negligence claim?

While you can pursue a clinical negligence claim independently, engaging an experienced solicitor significantly improves your chances of a successful outcome. A specialized medical negligence solicitor can:

• Assess your case’s merits and advise the best course of action.
• Gather and present evidence to establish liability and quantify damages.
• Navigate legal processes and procedures effectively.
• Negotiate a fair settlement with healthcare providers or the NHS.
• Represent you in court if needed.

Good to know:

Solicitors often work on a No Win, No Fee basis, meaning you only pay legal fees from the awarded compensation, capped at 25% if successful.

If you or a loved one has suffered due to clinical negligence, don’t let the complex claims process stand in the way of the justice and compensation you deserve. For expert legal guidance tailored to your unique situation, consult our trusted list of specialized clinical negligence solicitors today. Take the first step towards securing the financial support and closure you need to rebuild your life and move forward. Act now – your path to justice starts here.

KEY TAKEAWAYS

1. Clinical negligence occurs when healthcare professionals provide substandard care, resulting in harm or injury to patients. To prove it, you must establish a duty of care, breach of duty, and causation between the breach and the harm suffered.
2. The claims process involves seeking legal advice, gathering evidence, notifying the defendant, and negotiating a settlement or proceeding to court.
3. Compensation is divided into general damages for pain and suffering and special damages for financial losses and expenses. Compensation amounts vary significantly based on the severity of the injury and its impact on the claimant’s life.
4. NHS Resolution pays compensation for successful claims against the NHS, while private healthcare providers have medical indemnity insurance.
5. Claimants receive compensation as a lump sum, periodic payments, or a combination of both, depending on their long-term care needs.
6. Engaging a specialized clinical negligence solicitor is crucial for navigating the complex legal process and maximizing your chances of a successful claim.