When we are instructed to investigate a claim for medical negligence, one of the questions that many clients ask is, “how much compensation will I receive?” It is a perfectly fair question. If you or a loved one has suffered avoidable harm due to medical negligence, you will want to understand what the claim could be worth, particularly where there are future therapeutic or care needs.
The answer is not always straightforward but, in this article, we will explain the main factors we consider when valuing a medical negligence claim and how we make sure clients receive fair, evidence-based compensation.
Compensation in a medical negligence claim is designed to put you back – as far as money can – in the position you would have been in had the negligence not occurred.
Compensation is the money paid to the claimant following a successful medical negligence claim.
Read more on establishing a medical negligence claim
What can be claimed?
Compensation in a medical negligence claim consists of two main elements:
- General Damages; and
- Special Damages
General Damages
This part of the claim relates to the injury itself – physical or psychological – and how it has affected your quality of life.
This aspect of the compensates you for:
- The physical and psychological pain experienced.
- The impact on day-to-day life (e.g. hobbies, social life, mobility); and
- Loss of enjoyment of life.
Special Damages (also known as financial losses)
This covers quantifiable financial losses resulting from the negligence. Special damages are separated into two categories: past losses and future losses.
Calculating this part of the claim can be more complex, as it depends on each client’s personal circumstances.
Past Losses can include:
- Loss of earnings (e.g. time off work due to incapacity).
- Medical costs (private treatments, rehabilitation, prescriptions).
- Travel expenses (travelling to medical appointments).
- Care and assistance (even informal care provided by family and / or friends).
- Costs of aid, adaptations or equipment (this includes wheelchair ramps, home adjustments).
Future Losses can include:
- Ongoing loss of earnings or a reduced earning capacity.
- Pension losses.
- Cost of ongoing care or live-in carers.
- Future medical treatment / therapy.
- Future aids / equipment.
- Accommodation adaptations or relocation.
How do we value your claim?
General Damages - to value the general damages claim we use:
- Medical evidence from independent experts which confirms the nature, extent and duration of the injury and loss of quality of life attributable to the negligence as well as confirming any future rehabilitation / therapeutic needs.
- Guidelines set by the Judicial College, which provide ranges of compensation different types of injury.
Recent court decisions in similar cases which can be used as a means of comparison and justification. Each medical negligence case is different and must be assessed individually and based on factors such as:
- The age and life expectancy of the injured person.
- The injured person’s job or career plans.
- Family responsibilities.
- Lifestyle and hobbies.
- Mental health and emotional wellbeing.
In many claims, emotional or psychological harm is just as significant as the physical injury. Where appropriate, we involve psychiatric or psychological experts to assess:
- Trauma from a birth injury, surgical error or misdiagnosis
- Anxiety, depression, PTSD or loss of confidence
- The ongoing impact on relationships and daily life
The more serious and long-lasting the injury, the higher this aspect of your compensation is likely to be.
Special Damages - to value the special damages element of the claim we use:
Expert evidence, including evidence from:
- Care experts to comment on whether the injured person requires care / assistance currently and ongoing.
- Occupational therapists to assess the impact of the claimant’s daily life and ability to carry out everyday tasks to determine whether any aids of equipment may be required to assist recovery and / or mobility.
- Accommodation experts to assess the suitability of the injured person’s home for their specialised needs and to report on whether alternate accommodation will be required.
- Assistive technology specialists to recommend technology that may assist with daily function and simplifying everyday tasks that prove difficult.
We also work with accountants, employment experts and other professionals where needed to value complex or hight value claims accurately.
Every valuation is built on strong, independent expert evidence.
Is there anything I can do to help value my claim?
The general rule is that we can normally only recover those financial losses and expenses where there is documentary evidence in support.
It is important, therefore, to keep all relevant documents to support the valuation of the claim.
This can include:
- Payslips / P60s / Tax Returns / Company Accounts.
- Receipts for items purchased to assist with recovery / rehabilitation.
- Receipts / invoices for commercial care / assistance i.e. cost of a carer / cost of a cleaner / dog-walker.
- Travel receipts to / from medical appointments i.e. taxi receipts / hospital parking charges.
- Receipts/invoices for expenses paid.
Lump sum versus periodical payments: what is the difference?
In a successful claim, the compensation can be paid in two different ways: either as a lump sum or as periodical payments, or sometimes a mix of both.
Lump Sum
- This is a one-off payment of the entire amount of compensation.
- It includes money for your pain and suffering, as well as for any past and future financial losses.
Lump sum payments are good for giving flexibility to manage funds as you wish and to pay off large immediate costs i.e. home adaptations.
However, it is important to remember that you are responsible for making the lump sum last – possibly for the rest of your life and that you might need financial advice to manage it properly.
Periodical Payments (PPOs)
- These are annual, tax-free payments made for life or a set period, usually for ongoing care and support costs.
- They are guaranteed and often linked to inflation to keep up with rising costs.
PPOs are good for people with lifelong needs, such as those with brain or spinal injuries. They also provide financial security and predictability for the future – reducing the risk of running out of money.
However, it is important to note that you will not have full access to all of your compensation up front.
Sometimes there can be a mix of lump sum and PPOs depending on your needs.
Which is best depends on the nature and severity of your injury, your age, needs and life expectancy and whether you want financial flexibility or security. This is something that we will advise you carefully on based on expert financial and medical evidence.
What happens once my claim is valued?
Once we have valued your claim, we enter into negotiations with the Defendant(s) (usually the NHS or their insurers). Most claims are resolved through negotiation or mediation rather than going to trial.
We will guide you through every step and advise you when an offer made is reasonable. We will always act in your best interests.
We never consider compensation as a “win”, an “award”, or a “windfall”. It is a way of recognising the harm that has been done to you, and it can help you to move on with your life. Our role is to make sure you are properly supported, financially and practically, for the impact the negligence has had on your / your family’s life.
To see frequently asked questions surrounding a claim and your right to compensation read more here
Medical negligence claims are complex and often involve negotiations with the NHS or medical insurers. Talk to one of our medical negligence specialists at MDS here to understand the claim process and get the expertise you deserve.
Quote from author. [Nafeesa Khan], [Paralegal Consultant] from MDS, said
“Valuing a medical negligence claim requires a detailed, evidence-based approach. Whether the harm was moderate or catastrophic, the goal is to ensure the injured person receives fair compensation for both the suffering endured and the financial impact on their life.
If you believe you have a claim, seek legal advice as early as possible. A well-handled claim not only helps you rebuild your life but can also highlight important lessons for the healthcare system.”
