How Much Compensation Can You Get For Medical Negligence?

In this article, we will explain how medical negligence compensation is calculated, the different types of damages that can be claimed, and how your compensation is safeguarded against unpredictable economic changes.

How Is Medical Negligence Compensation Calculated?

Once you have started the medical negligence claims process your solicitor will create a chronology of your treatment using evidence collected from your healthcare provider, such as referral letters, clinic letters, test results and other medical records. At this stage in the process, it is common to seek the opinion of an independent medical expert with knowledge of the field of medicine relevant to your case, who can accurately identify when negligence has occurred in your chronology.

This evidence and insight allow your solicitor to not only determine whether your case is eligible for medical negligence compensation, but also begin calculating the amount of compensation to which you may be entitled. This is known as the ‘value of the claim’ and is what your healthcare provider will agree to pay, or what the court will instruct them to pay if a settlement cannot be reached.

While there are multiple factors that contribute to your medical negligence compensation amount, our calculations are based on two types of monetary awards, commonly known as damages. These are categorised as general damages and special damages.

General Damages

This type of medical negligence compensation is intended to cover the physical, mental and emotional pain you suffered as a result of your mistreatment. While putting a price on pain might seem like an impossible task, the Judicial College Guidelines outline numerous amounts awarded for comparable injuries to ensure consistency across cases. These take into account the type and severity of injury, as well as long-term impact on the claimant. In addition to this, we will research cases with similar injuries and use the settlement figures claimed in those cases to help with valuing a claim.

Assessments for general damages include, but are not limited to:

• The pain and suffering that occurred as a direct result of the negligent act
• Any disabilities or disfigurements caused by the negligent act
• Any psychological damage subsequent to mistreatment
• How your quality of life has been impacted by the incident, also known as loss of amenity
• How your career has been impacted by your injuries, such as losing your job or experiencing difficulty gaining further employment because of your injuries.

Special Damages

This type of medical compensation is based on the financial losses you incurred since the incident, as well as predictions of how your injuries will impact your future financial situation. In cases where claimants have been fortunate enough to recover from their initial injuries, their special damages have been limited. However, in cases where medical negligence has left claimants with life-altering injuries which have limited their career prospects or required continued care to manage their daily living, their special damages comprise the most substantial monetary value.

Considerations for special damages include, but are not limited to:

• The loss of earnings, past and future
• The loss of pension associated with any lost earnings
• The cost of private medical care or corrective surgeries
• The cost of ongoing treatments and medications, which could include psychological therapy
• Your travel expenses to and from appointments
• The cost of home care or medical equipment, which can be claimed on a private commercial basis, or it could be a claim for gratuitous care, i.e. care provided by a loved one.
• The cost of adapting your home or moving to more suitable premises
• Covering childcare costs
• Covering funeral costs for loved ones who died as a consequence of the negligence
• Covering the cost of increased health insurance

How the Personal Injury Discount Rate Affects Medical Compensation

While some cases with larger settlement amounts are paid in monthly instalments over the course of many years, most medical negligence compensation is awarded in a lump sum once the case has been settled. To account for unforeseeable economic changes, such as increased cost of living, taxes and inflation, the Personal Injury Discount Rate (PIDR) was introduced to safeguard claimants receiving lump sums.

As of 11 January 2025, the PIDR for England and Wales was increased from 0.25% to 0.5% by the Lord Chancellor and their advisory body, but this percentage is reviewed every five years to reflect current economic trends. Claimants receiving periodical payments are unaffected by changes to PIDR, as the amount of medical negligence compensation they receive is reviewed annually and increased in line with inflation.

Claim the Medical Compensation You Deserve with Medical Solicitors

With over three decades of experience bringing claims to court and millions of pounds awarded to our clients, you can be confident that Medical Solicitors will secure the medical negligence compensation you deserve. Referring to the Judicial College Guidelines and collaborating with independent medical experts, our team undertake thorough research of similar reported cases to ensure you are accurately compensated for your pain and suffering. When appropriate, we will contact your employers for evidence of your earnings or benefits agencies for help with our calculations.

We appreciate that being subject to medical negligence can have serious financial implications on our clients, in addition to the physical and emotional impact of their injuries. For this reason, we provide ‘No Win, No Fee’ agreements to make our services accessible to claimants from any economic background.

If you or someone you love has been affected by medical negligence and would like to know more about how much compensation you can claim, please get in touch with our specialist team today to discuss the specifics of your case.

This page was last updated on 12 January 2025