NHS Negligence Payouts

Reviewed by
Peter Rigby, Director of Medical Neglience

NHS Negligence Payouts

When visiting the hospital, the expectation is that we receive medical care and treatment that makes us better. While the staff, specialists, and doctors at NHS typically deliver on this promise, there are times when care or treatment falls below a standard of quality we are used to. Sometimes, that standard falls so far below the expected level that it is considered negligent.

If you have experienced poor quality care while receiving medical treatment from the NHS that resulted in injury or harm, or made your condition worse, you may have a claim for medical negligence compensation.

What is the average payout for an NHS negligence claim?

According to the NHS Resolution the body for resolving disputes, the average NHS negligence payout is estimated around £50,000.

Just like every medical condition presents differently from one person to the next, an NHS negligence claim is unlikely to be exactly the same between patients. Negligence may be a missed diagnosis, an incorrect prescription, or a botched surgery, and each of these cases results in varied harm or injury to the individual. Because the variations are so broad, cases for NHS negligence compensation can range anywhere from £1,000 up to many millions of pounds in the most severe cases.

Medical Negligence Payouts

When a health professional or facility like the NHS provides treatment that is below the standard of care you expect and deserve, a compensation claim attempts to return you back to the quality of life you were in before the care was received. When that isn’t physically possible, a medical negligence claim may be a viable way to help make your life more comfortable after a devastating or life-altering event at the hands of the NHS.

The amount of your NHS negligence payout depends on several factors revolving around the injury and losses you or your loved one incurred as well, as any costs needed to help your recovery or help ensure you live the best possible life now and in the future. Our expert legal team are here to help determine the amount of your compensation if you believe you have an NHS negligence claim.

Examples of Medical Negligence Payouts

NHS medical negligence payouts in the UK have steadily increased over the last several years. The total bill for the last year currently sits at £2.2 billion. While the amount received after harm or injury varies greatly, there have been recent cases that have made headlines, due in part to the amount received.

One such example is the family of a young boy who were awarded £37 million after failings by Guy’s and St Thomas’ NHS Foundation Trust left the child brain damaged and needing life-long care. There are several other notable NHS negligence claims where harmed patients and their families have received more than £2 million based on the damages they incurred.

Who Pays for Compensation in NHS Negligence Claims?

Claims against NHS Trusts are dealt with and settled by the NHS Resolution which was set up by the Government for the specific purpose of funding compensation pay-outs arising from medical negligence claims made against Trusts across the country.

The Resolution is funded by individual NHS Trusts which are funded by the taxpayer. In this sense, the Resolution acts as an insurer for the NHS.

Can I Still Access NHS Care After Receiving Compensation?

You are still entitled to healthcare and treatment on the NHS if you have submitted or won a claim for compensation against an NHS Trust. You can continue under the same practice, or if you would feel more comfortable, you can choose to change your care provider and receive treatment elsewhere.

However, we would advise that, in some cases, it is best to wait until you have finished treatment until you make a claim as you will not be able to make a second claim should your symptoms worsen later down the line.

Will I Receive An Apology Alongside Compensation?

As medical negligence solicitors, we cannot guarantee that you will receive an apology from the NHS and there is no guarantee that the individual who may be responsible for damages will be disciplined.

When submitting a negligence claim, we will help you to put the strongest case forward to give you the best chance of receiving financial compensation for the damages and suffering that you have endured. Unfortunately, this does not guarantee an apology even if your claim is successful.

What Evidence Do I Need To Provide To Receive a Pay-out?

During the claims process you will likely need to provide evidence relating to your injuries or suffering to put forward the strongest case possible. Evidence could include:

  • Copies of your medical records
  • Independent medical reports
  • Financial evidence to prove any monetary losses, past or future

It is important to remember that, even with evidence, it is not guaranteed that compensation will be awarded.

Can I Issue a Complaint to the NHS Alongside Making A Claim?

If you have suffered negligence at the hands of a medical professional working under the NHS, you can claim compensation via a medical negligence solicitor, but you can also separately make a complaint directly to the NHS.

You may also wish to submit a complaint even if you are not entitled to financial compensation or you do not wish to pursue a claim. You can submit a complaint by following advice on making a complaint from the NHS.

NHS Negligence Claims Statistics

In 2017 – 2018, the NHS paid out more than £1.63 billion for negligence compensation claims. This figure has increased significantly, now totalling more than £2.2 billion. While the amount of compensation has steadily risen over the last three years, the number of cases has increased less dramatically. For the same time period, negligence claims rose from 10,673 to 12,629. Other notable NHS negligence claim statistics include:

  • NHS negligence claims span many specialties, with the largest percentage of compensation awards involving obstetrics
  • Over the 2020 to 2021 period, the NHS settled 15,674 claims
  • 75% of claims in 2020 to 2021 were settled without court proceedings
  • The number of claims resolved without payment of damages equaled 6,986
  • The average time between an incident occurring and the NHS being notified of a claim is 3.6 years

What can be claimed for after NHS Negligence?

In order to have a successful case for NHS negligence compensation, it is necessary to break down damages into specific categories. These include:

  • General damages – general damages involve compensation for pain and suffering related to the harm or injury caused by NHS negligence.
  • Medical expenses – these are the costs incurred to return to health after harm or injury due to negligence at the hands of the NHS.
  • Out of pocket losses – compensation may also be awarded for losses such as travel expenses, like those required to get back and forth between treatment or follow up care appointments.
  • Loss of earnings – you may also be able to claim for compensation if you have to take off from work due to your injury. If you can never return to work, then you can also claim for future loss of earnings.
  • Care claim – if you need assistance during your recovery from a carer, you may receive compensation for that help as well. In more serious cases where care is needed indefinitely, either by a loved one or a professional carer, then those costs can be claimed also.

How is the Payout Amount Calculated?

For each NHS negligence claim for compensation, the amount received differs based on the damages incurred. Less serious cases may have a smaller payout because the injury was relatively minor, while more serious cases that involve life-altering consequences have far larger compensation payouts.

Assessing each claim to calculate the amount of damages to be paid out is a complex task, making it necessary to get in touch with us if you believe you have an NHS negligence claim. Our solicitors understand how to best calculate what you may receive based on your unique experience and circumstances. You absolutely need a specialist who understands medical clams, in order to ensure you get the right amount of compensation. You can read more about NHS compensation calculators here.

How Do I Sue the NHS for Negligence?

The first step in bringing an NHS negligence claim is to give us a call or fill out our brief online claim form. With our expert team on the line, we have an opportunity to understand what happened and if a claim for compensation is the solution without any upfront financial risk to you.

No Win No Fee

At Patient Claim Line, we operate on a no win, no fee basis. This means that when you work with us to pursue your NHS negligence claim, you have peace of mind knowing that there are no fees to pay if the case is unsuccessful. The fees incurred for legal assistance are only obtained if compensation is awarded after a successful claim. If there is no award paid, you don’t owe us anything.

A no win, no fee arrangement takes away any worry about financial means when bringing a claim against the NHS. Our solicitors understand you need to focus on getting back to the life you knew before the negligence occurred, so we work diligently on your case without putting an additional burden on your shoulders.

Why Choose PCL

Patient Claim Line has a strong track record of bringing claims for compensation against the NHS when negligence resulting in harm or injury has occurred. We’re the highest rated Medical Negligence specialists on Trustpilot and our legal team has over 400 years combined experience in this area of law. We are owned and operated by the UK’s largest Medical Negligence law firm. Our dedicated team recognises how important it is to receive what you deserve to cover pain and suffering, loss of earnings, and other damages you incurred because of a blunder with the NHS. Our solicitors have an excellent reputation for providing the best legal assistance without the stress of any out-of-pocket expenses. The combination of our expertise and our no win, no fee arrangement makes bringing a claim and receiving a compensation payout after NHS negligence much more straightforward.

If you think you have a claim because of negligence after visiting the NHS, get in touch with us today. You can call 0330 107 5328 to receive free guidance on your case, or simply complete the claim form online.

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