MEDICAL NEGLIGENCE COMPENSATION

Legal actions for medical negligence compensation are anticipated to cost the NHS in the region of £500 million each year. Approximately 10% of people admitted to hospital as an in patient report an adverse event and about 5% of the general population report a problem at some time during their lives following a stay in hospital with a third of those claiming that this has had a permanent impact on their health. Almost one in five patients reported a medication error in the previous two years.

Compensation is usually awarded in a lump sum on a once and for all basis which allows finality of litigation. Both claimants and defendants can move on with certainty of assets and liabilities however the problem with awarding damages in a lump sum is that in many cases the amount will either be too low or too high due to the many uncertain predictions that must be made at the time of settlement. Structured settlements provide an alternative to lump sum damages and claimants receive regular payments for life which lessens the burden of financial management on the claimant and reduces argument on the limitations of uncertain predictions for life expectancy.

Medical negligence compensation falls into two general categories as follows:

General Damages
is compensation for losses that are difficult to calculate accurately and must usually be assessed by a Judge or negotiated and agreed by the solicitors involved in the case. There are established guidelines published for the assistance of Judges and personal injury solicitors which are updated from time to time by an independent body called “The Judicial Studies Board”. Items which fall into the category of general damages include:

• pain and suffering caused as a result of the injury which includes any psychological damage
• loss of physical ability
• ongoing pain and discomfort if there is a continuing physical or mental disability
• disadvantage on the open labour market where the injury may restrict opportunity or for loss of job satisfaction where specific employment can longer be pursued as a result of the injury.
• loss of amenity which is intended to compensate for being unable to pursue the lifestyle enjoyed prior to the accident or the lifestyle that could have been expected if the accident had not occurred

Special Damages
is compensation for losses that can be calculated accurately and are usually proved by reference to documentary evidence including purchase invoices, wages records and quotations and assessments by experts. Items falling into this category include:

• loss of past and future income
• care for the past and for the future
• payment for any free help given by friends or family members
• medical expenses for the past and for the future including prescriptions charges
• reduced employment prospects in the future
• expenses in relation to the claim

We are a national network of independent solicitors who deal with medical negligence compensation claims and we are all members of The Law Society panel of medical negligence experts. We are franchised to make an immediate application for legal aid and for those who do not meet the financial criteria for public funding we are prepared to consider talking action under the no win no fee scheme. If you would like free advice direct from a specialist solicitor with no further obligation just complete the contact form and a clinical law expert will contact you as soon as possible.