Written by

Nermeen Salahuddin - Trainee Solicitor

 Understanding the intricate process of medical negligence compensation is crucial for individuals seeking justice for the suffering caused in a healthcare setting. In this article, we will break down the key components, including how compensation is calculated, the deduction of fees, and important timelines that clients should be aware of. 

 

What is medical negligence compensation? 

Medical negligence compensation refers to the financial package sought by individuals who have suffered harm or injury due to the negligent actions or omissions in a healthcare setting.  

When medical practitioners fail to meet the standard of care expected in their field, resulting in patient injury, they have the right to seek compensation for the physical, emotional, and financial consequences they endure. This compensation aims to restore the lives of these individuals to their pre-suffering state by covering medical expenses, rehabilitation costs, loss of earnings, and other related damages.  

The process involves a thorough assessment of the extent of injuries, consideration of applicable legal guidelines and precedents, and adherence to specific timelines. Ultimately, medical negligence compensation serves as a crucial mechanism to hold healthcare providers accountable for their actions while providing support and restitution to those who have suffered due to substandard medical care. 

 

Factors Influencing Medical Negligence Compensation 

The amount of compensation in a medical negligence case is determined by considering the extent of injuries, known as general damages. Lawyers refer to the Judicial College Guidelines and case law to assess the value of personal injury claims, drawing on precedents set by similar cases. 

Compensation also includes special damages, accounting for expenses incurred due to negligence and future care needs. This comprehensive approach ensures that all relevant factors are considered in determining the compensation value. 

 

Fee Structure 

At Patient Claim Line, we operate under a Conditional Fee Agreement, commonly known as an ‘no win no fee‘ arrangement. In unsuccessful claims, clients are not obligated to pay any fees to the firm. In successful cases, the firm is entitled to total legal charges, comprising a success fee and any after the event insurance premiums purchased. The total client payment is capped at 25% of their overall damages, providing transparency and financial peace of mind. 

 

Timelines for Claims 

Clients pursuing a medical negligence claim should be aware of the three-year time limit from the date of the injury; or when they became aware of care deficiencies resulting in avoidable pain, suffering, or loss of amenity. Exceptions include cases involving children and adults lacking mental capacity. 

For claimants under 18, the three-year limit extends until their 21st birthday. However, adults without mental capacity are exempt from the timeline, with the limit only applying when mental capacity is regained. This ensures that individuals are afforded the necessary time to pursue rightful compensation. 

 

How much compensation can you claim? 

Medical negligence compensation is calculated with the incorporation of based on the factors discussed in this article. This includes practical considerations, factors such as a loss of earnings or care costs for your child;, as well as costs for the trauma, injury, and rehabilitation. 

However, it is important to note that no two claims are exactly the same as each other. Therefore, compensation will be dependent on the severity of injuries you have sustained, as well as the long-lasting effects. 

For a greater understanding of how much you may be able to claim, if you have suffered medical negligence, take a look at our compensation calculator, in which where we have used real medical negligence claims to provide a guide on compensation amounts, rather than offering definitive figures.  

,For example, a woman (a kidney disease patient) received £42,000 in compensation after suffering from surgical failures. Had it not been for the failures, the client would also have avoided the need for an emergency admission and a laparotomy for bowel obstruction secondary to an incisional hernia. 

 

Conclusion 

Navigating the complexities of medical negligence compensation involves understanding the factors influencing compensation value, the fee structure, and crucial timelines. With this knowledge, individuals can make informed decisions when seeking justice for injuries caused by medical negligence. At Patient Claim Line, our commitment to a transparent process, including ‘no win no fee’ agreements, ensures that our clients receive the compensation they rightfully deserve.

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