How It Works
Medical negligence compensation in detail
It is not difficult to imagine just how severely cases of medical negligence can affect a family or a home. Victims may be left unable to work or in need of costly care and other family members may have to take on all kinds of extra responsibilities to help out. Medical negligence compensation (also known as damages) is truly life saving for many of our clients, allowing them to create a secure future for their family.
Medical negligence compensation may include:
General damages payment is awarded for the pain and suffering caused by a medical negligence injury. It is nothing to do with the long-term effects of an injury or the financial issues that people may face as a result.
Most awards for general damages are calculated by analysing cases involving the same situation.
It can be difficult for those not familiar with the legal process to understand these terms and how they relate to their own case.
Specific damage payments may include fairly low payments for pain related to a poorly handled injection, right up to substantial compensation for the pain suffered by someone who was not given enough anaesthetic during surgery.
Special damages are more complex and take into account the past and estimated future losses and costs that victims will have to deal with as a direct result of their injury. The amount of special damages awarded takes into account:
- Loss of past and future pay
- The amount of care a victim will need
- Medical expenses both now and in the future, including prescriptions
- Expenses related to making a compensation claim
- Interest on compensation
In very serious cases of medical negligence special damages will also take into account a victim’s reduced chances of gaining employment in the future.
In more detail
Specific special damages could include:
- Compensation to convert the home of a person disabled by medical negligence
- Cash towards a mobility vehicle
- The cost of a live-in carer
Most claims for medical negligence need to be brought to court within three years of the incident unless a case fulfils one of the following criteria:
- The person involved is a minor (under 18)
- The victim has a mental incapacity
- The injury was not discovered until a considerable time after the treatment
For FREE advice from specialist solicitors complete the contact form or call us on 0800 041 7481 and a member of our Law Society panel of medical negligence experts will be in touch as soon as possible.