Medical negligence, also known as clinical negligence, is when healthcare professionals fail to deliver the expected standards of care. Medical negligence can cause significant harm to victims, negatively impacting mental and physical health. If you receive substandard care, or you sustain injuries or illnesses as a result of medical negligence, you have the right to claim compensation. Medical negligence compensation covers the cost of damages incurred as a result of negligence on behalf of medical professionals or organisations.
NHS statistics show that there were more than 13,500 clinical negligence claims in 2022/2023. In this comprehensive guide to medical negligence compensation, we’ll discuss how much compensation you can get for a medical negligence claim and explain what compensation covers.
Medical negligence compensation is awarded to individuals who have experienced substandard medical care and progressed through the necessary steps to make a claim.
Clinical or medical negligence occurs when a healthcare professional fails to deliver appropriate standards of care. Negligence can result in injuries, poor health, life-changing trauma or a deterioration in the patient’s condition. Individuals who have been injured or harmed through medical negligence may decide to seek legal action and pursue a medical negligence claim. If the claim is successful, they will receive compensation. The amount of compensation varies from one individual to the next and claims are assessed on a case-by-case basis.
Examples of medical negligence claims include:
Medical negligence compensation is designed to assist individuals who have been harmed as a result of medical negligence. The primary aim is to compensate them for the injuries they have suffered and re-imburse them for past and future potential losses.
There are two key elements to consider when exploring medical negligence compensation in detail. These include:
General damages are also known as pain, suffering and loss of amenity. This term covers the pain and suffering the individual experiences as a direct result of clinical negligence. The level of general damages varies from one person to another. The value of compensation reflects the type and severity of illnesses and injuries and the impact on the individual’s quality of life.
Special damages, also referred to as financial losses, cover the expenses the individual incurs as a result of injuries, illnesses or a deterioration in their health. Special damages relate to losses the patient has already incurred as well as projected future financial losses.
There are several factors that influence how much compensation you can claim for medical negligence. These include:
The severity of the injury is one of the most important factors when calculating compensation amounts. In most cases, the more severe the injury, the higher the payout. It is important to note that a judge will consider other factors, including loss of earnings and the impact on quality of life, when calculating the value of the claim.
Some injuries and illnesses are more severe and life-changing than others. The impact on quality of life can vary hugely. In some cases, individuals may feel they have a much poorer quality of life because they are reliant on others or they can’t get out and about or go back to work, for example.
If medical negligence causes you to lose money through taking time off, losing your job or being unable to work in the future, you will be compensated for loss of earnings.
Some people incur significant medical expenses after an injury or a period of poor health. Examples include travel expenses, rehabilitation and treatment costs and adaptations to your home or vehicle.
If you need additional help at home or long-term care or treatment, these costs will be considered as part of your compensation claim.
There are different types of damages claimants can apply for when pursuing medical negligence compensation. These include:
General damages: General damages cover pain and suffering and a loss of amenity. General damages reflect the physical harm, pain and suffering of the original injury or illness as well as subsequent disabilities, physical impairment or complications and the loss of quality of life.
Special damages: Special damages are often referred to as out-of-pocket expenses that occur as a result of the harm or injuries caused by medical negligence. Examples of special damages include:
Loss of earnings
Care and rehabilitation costs
Travel expenses
Treatment fees and prescription costs
Specialist equipment
Home and vehicle adaptations or replacements
No two medical negligence claims are the same. Calculating compensation involves three key stages, which include:
If you wish to make a compensation claim, you will need evidence to support your case. Here are some examples of evidence:
If you choose to seek legal advice, your medical negligence solicitor will contact medical experts to review and assess your case. This may involve one medical expert or multiple independent professionals. It is beneficial to seek expert advice to provide an unbiased perspective, which offers insights into expected standards of care and the severity and impact of injuries or deteriorating health. External experts can also offer advice about future complications or consequences of the incident if there is evidence of clinical negligence.
Judicial College Guidelines are used to estimate and calculate medical negligence compensation claims.
The NHS Litigation Authority suggests that the average payout for a medical negligence claim in the UK is £50,000, but figures vary considerably depending on the individual case. When calculating payouts, a judge will consider multiple factors, including general and special damages. Some claims may be worth a few thousand pounds while others may be worth millions of pounds.
The table below provides more information about average claim amounts for different types of injuries:
|
Injury |
Compensation Payout |
|
Amputations – Arm |
Loss of Both Arms- £225,960 to £281,520 |
|
Amputations – Leg |
Loss of Both Legs- £225,960 to £264,650 |
|
Dental Injuries |
£1,020 to £1,600 for minor damaged teeth |
|
Death |
£12,000 to £300,000 |
|
Ear injuries (Serious) |
£6,580 to £42,730 |
|
Eye injuries (Serious) |
Up to £252,180 |
|
Neck injuries |
Minor £2,300 to £7,410 Moderate £7,410 to £36,120 Severe £42,680 to £139,210 |
|
Pain and suffering |
£1,000 to £200,000 |
|
Severe brain injury |
£264,650 to £379,100 |
|
Spinal cord injuries |
Less severe to moderate £50,000 to £300,000. Very severe cases up to £1 million |
|
Severe injury to internal organs |
£60,000 to £100,000 |
|
Scarring (facial) |
Minor £1,600 to £3,310 Moderate £3,710 to £12,900 Moderately severe £8,550 to £28,240 Visible and very severe disfigurement £16,860 to £91,350 |
In general, the more severe and impactful the injury, the greater the compensation amount. The impact on quality of life and implications for the future also play a major role. If an individual has sustained injuries that will prevent them from working in the future and mean they need care and access to specialist equipment, they will receive more than a patient who is expected to make a full recovery.
Medical negligence compensation is awarded to individuals who have sustained an injury or experienced a downturn in their health or condition as a direct result of medical negligence. To claim compensation, there must be evidence of clinical negligence. There are strict criteria, which govern which claims are successful. You cannot claim compensation if a medical professional did everything expected of them and the outcome wasn’t positive, for example.
To make a claim, the following statements must be relevant to you:
Not all medical negligence compensation claims are successful. To maximise your chances of claiming compensation, follow these steps:
Hire competent, experienced solicitors: At TBI Law, we specialise in medical negligence claims, providing efficient, professional services for our clients. Our experienced legal team has an excellent track record. We are familiar with the complexities of medical negligence claims and provide client-focused services that combine professional expertise with empathy and understanding.
Gather evidence: Gathering high-quality evidence is essential for building a strong case. Examples include photographs, witness statements, transcripts of conversations with specialists & medical professionals, as well as medical records and reports.
Understand the claims process: Medical negligence is a complex field. Claiming compensation is not the same as making a complaint about your treatment. It’s important to understand the process. At TBI Law, we have a knowledgeable team on hand. We can talk you through the claims process, and provide tailored advice and support.
Every year, the NHS spends millions of pounds on medical negligence payouts. Most cases are settled out of court. In 2022/2023, the NHS paid around £2.6 billion in claims in addition to £700,000 in legal fees.
These payouts reflect the very real consequences of medical negligence, but they also place additional strain on an already stretched healthcare system. The money spent on compensation comes from NHS budgets, which are also used to fund frontline services, staffing, equipment, and treatment. When large sums are directed towards claims, it reduces the resources available to improve patient care, hire more staff, or invest in advanced medical technology.
The rising cost of medical negligence claims has led to discussions about how to prevent these incidents. For example, addressing staff shortages, improving training, and ensuring better communication between medical professionals can reduce avoidable errors. By learning from claims and understanding where failures occur, the NHS can improve patient safety and minimise the need for compensation payouts in the future.
If you’ve experienced medical negligence, pursuing a claim is not only about getting the compensation you need to recover and rebuild your life. It can also highlight systemic issues, helping to prevent similar mistakes and improving care for others. At TBI Solicitors, we recognise how important it is for patients to receive both justice and accountability when healthcare standards fall short. Our team is here to guide you through the process, ensuring your case is handled professionally and sensitively.
Medical negligence compensation helps individuals recover from the harm caused by substandard medical care. While the average payout in the UK is around £50,000, the amount can vary widely depending on factors such as the severity of the injury, its impact on quality of life, and financial losses like medical expenses or lost earnings.
If you believe you’ve been affected by medical negligence, taking the right steps is crucial:
If you’d like to find out more about medical negligence compensation, or you need help from an experienced specialist, contact TBI Law today. Our personal law team is on hand to fight for the compensation you’re entitled to. We have offices in Hartlepool, Stockton, Wynyard and Barnard Castle ready to serve you no matter where you are in the UK.
