UK MEDICAL NEGLIGENCE COMPENSATION AWARDS

Medical negligence compensation may include:

• General Damages is the compensation that is paid for the pain and suffering caused as a result of the injury and loss of physical ability or ongoing pain and discomfort if there is a continuing disability. This figure is calculated by considering previous awards of compensation made by the courts and after consideration of guidelines set out in a government publication used in assessing damages called ‘The Judicial Studies Guidelines.’

• Special Damages represents the actual past losses and estimated future losses and expenses caused as a result of the injury and may include:
• Loss of past and future income;
• Care for the past and for the future;
• Gratuitous assistance;
• Medical expenses for the past and for the future;
• Loss of amenities of life;
• Prescriptions;
• Reduced employment prospects in the future;
• Expenses in relation to the claim;

• Interest may be added to any medical negligence compensation awarded for general and special damages.

State Benefits claimed as a result of the injury may be deducted from the amount of any compensation awarded. The amount of these benefits is effectively included in the claim against the third party and therefore there is no real loss following repayment. The following benefits may be repayable to the DSS:

• Disability Working Allowance;
• Disablement Pension;
• Incapacity Benefit;
• Income Support;
• Invalidity Pension;
• Invalidity Allowance;
• Job seeker's Allowance;
• Reduced Earnings Allowance;
• Severe Disablement Allowance;
• Sickness Benefit;
• Statutory Sick Pay;
• Unemployability Supplement;
• Unemployment Benefit;

In general terms a legal claim for medical negligence compensation must be settled or ongoing legal proceedings must have been issued within three years of the injury having been sustained. Failure to comply with this rule usually means that legal action will become statute barred and it will not be possible to obtain compensation for the injury however there are some exceptions to this rule.

• In claims for minors, that is those under the age of 18 years, the three year limitation period does not start running until the claimant's eighteenth birthday which means that the time limit runs until the eve of the claimants twenty first birthday.
• For people who have mental incapacity the time often never starts to run and claims can be made for compensation for injury throughout that person's life even if the injury occurred many years ago.
• In clinical negligence cases the limitation period begins to run from the date when the injury was first discovered which may be many years after the negligent act by the healthcare provider.
• Judges have a discretion to override the time limits in appropriate circumstances. The circumstances in which this discretion is exercised are rare however if a claim is outside the normal limitation period consideration should be given to the criteria necessary for an application to the court to extend the period.

For free advice from specialist solicitors then just complete the contact form and a member of The Law Society panel of medical negligence experts will telephone you to discuss your claim.