We place a great deal of trust in medical professionals, so it can be extremely upsetting when something goes wrong. Medical negligence claims can proceed in cases where a medical professional, such as a doctor, has not met the required minimum standard of care. This guide about a medical negligence compensation calculator will explain how compensation is determined in such cases.
Read on to find out how medical negligence compensation is calculated and what eligibility requirements are in place. You can also read about the different types of medical negligence claims and the process for starting a case. Finally, we list the advantages of working with an experienced solicitor from our panel.
If you would like to enquire further about the services our panel of solicitors offer, you can contact us anytime. Our advisors will let you know whether you can proceed and potentially help you to gain No Win No Fee legal representation. You could be entitled to receive compensation, so get in touch:
- Contact us online
- Call us on 0800 408 7826
- Chat with us using the pop-up on this page
Browse Our Guide:
- How To Use Our Medical Negligence Compensation Calculator
- Am I Eligible To Make A Medical Negligence Claim
- Types Of Medical Negligence Claims
- How To Make A Medical Negligence Claim
- How Our Panel Of Solicitors Can Help Your Claim
- More Information
How To Use Our Medical Negligence Compensation Calculator
In the table below, we have provided some figures from the Judicial College Guidelines (JCG). These combine suggested compensation figures with varied severities and types of injury. Please do not think of these compensation brackets as a guarantee of the amount of compensation that you will receive. These figures are only provided as a guideline.
However, if you would like a more accurate prediction of the compensation you could receive, we recommend that you get in touch with an advisor. They can assess your claim according to a range of factors, as we will examine in this section. Their advice is offered free of charge, so you have nothing to lose by enquiring.
The first figure was not taken from the JCG.
| Type of Injury | Severity | Compensation Amount | Notes |
|---|---|---|---|
| Multiple injuries and financial losses | Severe | Up to £500,000+ | Claimant has experienced multiple injuries with associated costs |
| Arm | Loss of both arms | £293,860 to £366,100 | Injury leads to substantial helplessness |
| Bowels | Double incontenence | Up to £224,790 | Claimants has completely lost natural function of bowels and urinary control |
| Kidney | Serious | £206,730 to £256,780 | Permanent and severe loss of or damage to kidneys |
| Reproductive system (male) | Total loss of reproductive organs | In excess of £187,790 | Amount of compensation depends upon factors such as hormonal effects and impact on fertility |
| Reproductive system (female) | Infertility | £140,210 to £207,260 | Results in anxiety, depression and lack of sexual function |
| Leg | Above-knee amputation of one leg | £127,930 to £167,760 | Compensation depends upon factors such as severity of phantom pain and level of amputation |
| Digestive system | Severe | £52,490 to £75,550 | Continuous pain and discomfort |
| Shoulder | Moderate | £9,630 to £15,580 | Limited movement of frozen should with discomfort whereby symptoms are not permanent but continue after two years |
How We Work Out Claim Amounts
Compensation for medical negligence claims is split into two heads of claim. If compensation is awarded in such a case, it will always include general damages. These cover the pain and suffering of your injury, as the figures from the JCG refer to.
Accounting For Special Damages
You could also receive special damages as part of your compensation. These reimburse you for costs relating to financial losses such as:
- Lost earnings
- Medical treatment
- Expenses for travel to/from medical appointments
- Adjustments made to your home
- Any care needed to help you live with your injury
You can reach out to an advisor with any queries about how compensation is measured. They can assess your case and ask you about the details of your medical negligence claim to get a better idea of how much compensation you could receive. This is important as our medical negligence compensation calculator might not include all of the out of pocket expenses that could be included in your claim.
Am I Eligible To Make A Medical Negligence Claim?
Medical negligence claims must meet the following criteria:
- A medical professional must have owed you a duty of care
- They failed to meet this duty while treating you
- This caused you injury
An medical professional that treats you or offers you advice owes you a duty of care. Showing that this duty has been breached means that you can demonstrate that the treatment you received was below the minimum accepted standard of care. To meet their duty to you, medical professionals could be required to:
- Take an accurate history from the patient, including listening to all of their symptoms
- Performing tests that are indicated or sending a patient for further testing
- Following up on test results, correctly reading them and implementing appropriate next steps
- Timely referral where necessary
- Performing a thorough and correct examination
- Appropriate follow-up of issues or symptoms
- Considering differential diagnoses
There are other things that may have to be done to meet the minimum standard, such as following guidance for relevant cancer pathways if certain red-flag symptoms are present.
The final criterion is that you must have suffered avoidable harm because of the substandard treatment you received.
If you feel as though the care you received was not correct, we offer a free case assessment so you can check your eligibility to claim for free.
Types Of Medical Negligence Claims
There are many different types of medical negligence claims. All include instances where a patient suffers unnecessary harm due to a medical professional’s negligent actions. Keep reading to find out more about various examples of GP and hospital negligence.
Misdiagnosis And Delayed Diagnosis
Misdiagnosis and delayed diagnosis can worsen many conditions. For example, a cancer misdiagnosis can mean that the patient does not receive treatment in time, and their cancer could spread. This can occur in many types of cancer, including breast cancer, pancreatic cancer, thyroid cancer and prostate cancer.
Misdiagnoses or delayed diagnosis claims could also arise when:
- You were negligently diagnosed with a terminal illness which you do not have, causing you to suffer psychological harm.
- Your doctor negligently failed to diagnose the severity of your illness, meaning that you did not receive the right treatment when required.
- You were negligently diagnosed with the wrong condition, resulting in unnecessary treatment or surgery.
- Your doctor failed to diagnose your condition despite you telling them that you have the typical symptoms.
For example, the common symptoms of lung cancer include a persistent cough and chest infections. If these symptoms persist and a doctor does not consider the possibility of cancer or order the correct tests, then this could be a breach of duty.
However, in cases of misdiagnosis where the symptoms were atypical to the condition, the doctor may not have failed in their duty. Therefore, the person would not be able to make a claim.
If you have any doubt about the treatment or advice that you received from your doctor, it is sensible to check if you are eligible to claim. Our case assessments are free with no obligation to proceed so you have nothing to lose.
Medication And Prescription Errors
In cases of medication and prescription errors, your doctor or pharmacist may have:
- Not accounting for your known medication allergies
- Prescribed the wrong medication based on misread test results
- Dispensed the wrong type or amount of medication
For example, wrongful quinine prescriptions can result in severe symptoms. If a pharmacist gave you too much of it and this caused harm, you could claim for their negligence.
Surgical Errors
Additionally, you could be able to claim for a surgical error. For example, your surgeon may have:
- Operated on the wrong body part.
- Caused infection due to inadequate hygiene practices.
- Left surgical equipment inside the body.
- Performed surgery unnecessarily.
- Failed to perform the surgery in a way that meets the minimum standard of expected care.
Failure To Monitor A Patient
You could be eligible to claim if:
- After receiving anaesthesia, you go into shock due to medical professionals not checking your vital signs
- After surgery, medical professionals do not measure your recovery, which leads you to suffer harm in the form of a post-operative infection. This could give rise to a sepsis claim if you are left untreated for the infection and then develop sepsis.
- Your medical condition is not monitored, meaning that you do not receive treatment when you should, for example a mother’s blood pressure is not mentioned during pregnancy and pre-eclasmpsia develops causing harm.
If you have any queries about the scenarios listed, you can get in touch with an advisor. They can offer experienced advice and potentially connect you to a medical negligence solicitor.
How To Make A Medical Negligence Claim
You may be wondering how to proceed with a claim. Many people have concerns about legal fees, so keep reading for a breakdown of how the solicitors from our panel represent medical negligence claims.
Funding And No Win No Fee Claims
A solicitor from our panel could offer a great financial route for gaining legal representation. They can offer you a Conditional Fee Agreement (CFA), allowing them to work your case on the basis of No Win No Fee. This means that you do not need to pay fees for your solicitor’s work:
- Before the start of your medical negligence claim
- While the claim is ongoing
- If you are not compensated
Given that you receive medical negligence compensation, you must pay a success fee. This is the percentage of compensation that you pay to your solicitor. You do not need to worry about this payment, as there is a legal cap in place so that you keep the majority of the award.
Keep reading to learn more about the services available, or contact an advisor to enquire about starting a claim today.
How Our Panel Of Solicitors Can Help Your Claim
In addition to No Win No Fee representation, our panel of solicitors can also aid your case by:
- Negotiating the level of compensation to cover the pain and suffering caused by your injury, as well as any costs incurred
- Handling correspondence with the defendant
- Assisting you with the collection of evidence to strengthen your claim for compensation
- Outlining legal processes and terms to help you make informed decisions
If you have any queries about what we have discussed in this guide or wish to proceed with a compensation claim, get in touch with an advisor at your earliest convenience. They can assess your case, advise you on the next steps, and potentially connect you to our panel of solicitors who can help you get compensation:
- Contact us online
- Call us on 0800 408 7826
- Chat with us using the pop-up on this page
More Information
You can visit our other guides:
- Read about breast cancer misdiagnosis claims
- Learn how to claim compensation for sepsis
- Find out about claiming against the NHS
Further resources
- Learn about a nurse’s duty of care from the Royal College of Nursing
- Find out how to claim Statutory Sick Pay (SSP)
- Visit the Care Quality Commission (CQC)
Thank you for reading our guide about our medical negligence compensation calculator.