Clinical negligence can be a very personal, daunting, and often traumatic topic, especially when you are dealing with the aftermath of medical mistakes, which can be life-changing.
In this blog, we’re going to look in some more detail at compensation in clinical negligence claims.
What is compensation for?
The civil claims process is designed to recover compensation for Claimants.
When medical treatment goes wrong, compensation is designed to help you recover—not just physically, but financially and emotionally.
The compensation is an attempt to return your life to how it used to be before the negligent treatment, or as close to this as possible.
Types of compensation
Compensation in clinical negligence claims is made up of two parts:
General Damages: For pain, suffering, and loss of amenity.
Special Damages: For financial losses such as:
– Loss of earnings (past and future)
– Medical expenses (private treatment and therapy)
– Travel costs
– Care and support needs
How is it calculated?
Legal professionals use the Judicial College Guidelines to estimate general damages based on past, similar claims that have been before the Court, together with medical expert reports relating to the injuries suffered and future needs in relation to this.
Special damages are based on receipts, expert reports, and anticipated future treatment. Documentary evidence is required to prove these losses.
The following key factors are also considered when calculating compensation:
- The severity of the injury suffered by the Claimant
- The impact on daily life and employment
- Age and life expectancy
- Future care needs
How is it paid?
Most clinical negligence claims settle for a lump sum one off payment.
However, in some cases, particularly cases involving serious injury with ongoing issues, compensation may be paid as a lump sum or by way of periodic payments, which are regular payments paid over time to cover long-term care for life.
Final thoughts
Clinical negligence claims can be lengthy and complex, but you don’t have to navigate them alone. A qualified specialist solicitor can guide you through the process and help you secure the compensation you deserve. If you think you’ve been affected by clinical negligence, speak to one of our specialist lawyers today.
How can we help?
Adelle Gamble is a Paralegal in our Medical Negligence team, which has been ranked in tier one by the independently researched publication, The Legal 500.
If you have any questions in relation to the subjects discussed in this article, then please get in touch with Adelle or another member of the team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online form.
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