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NHS Compensation Payouts: UK clinical negligence solicitor describes how to calculate the amount of compensation you are entitled to claim following medical error by a hospital worker
CLINICAL NEGLIGENCE VICTIM QUESTION CONCERNING NHS COMPENSATION PAYOUTS
I believe that I have been subjected to medical negligence during an operation at an NHS hospital.
How does a clinical negligence solicitor calculate average NHS compensation payouts I can claim?
MEDICAL NEGLIGENCE SOLICITOR RESPONSE
How to show NHS Trust clinical negligence before a calculation of average NHS compensation payouts can be made
Before a calculation can be made as to the amount of NHS compensation payouts you are entitled to recover your solicitor must show as a matter of law that an NHS worker (whether surgeon, consultant, doctor, nurse or other clinician) was in some way negligent and that negligence led to injury or suffering whether physical or psychological.
To see the page I have written explaining the process of showing NHS trust negligence click medical negligence claim.
The three losses which can be claimed as part of NHS compensation payouts
NHS compensation payouts
There are three primary parts of NHS compensation payouts - each of which require separate evidence to support a claim:
1. Pain and suffering NHS compensation payouts
To be able to make a claim for medical negligence your solicitor must show that hospital error led to your injury or a worsening of an existing injury.
A medical expert is instructed by your lawyer to examine your medical records and your evidence to determine what injury you have suffered due to clinical negligence. This expert will then set out in a report your injuries and describe what the future holds as to your recovery or continued disability.
Based upon this report your solicitor can compare your injury to other similar injuries in which the courts have made a compensation payout in the past and in so doing can determine average NHS compensation payouts for your pain and suffering.
The NHS compensation payouts for pain and suffering are unique to your injury and do not vary depending on who you are - only on the nature of your injury.
To see pages I have written with calculations for NHS compensation payouts for all manner of different injuries click compensation amounts.
2. NHS compensation payouts for your financial losses and expenses
When you are injured you will uniquely have certain financial losses and expenses. For example – if you are builder and are unable to work due to your injury for a month you might lose a wage of a few thousand pounds , whereas a doctor who is unable to work for the same period might lose four or five times that amount and a supermodel might lose hundreds of thousands.
Your NHS compensation payouts for financial losses can only be calculated by your solicitor after looking at your individual circumstances.
You should be aware that there is no limit to the amount of this claim, so long as it can be proved you have suffered a financial loss as a direct result and a medical expert verifies the loss was reasonable (for example: your time off work was reasonable given the nature of your injuries).
3. NHS Payouts for legal costs of your solicitor
Clinical negligence claims against the NHS trust are highly complex and as such the use of a specialist solicitor is extremely important to ensure a successful result to your claim and the maximum NHS compensation payout.
The law recognises this complexity and the need for you to use a solicitor to help you claim. With this in mind – you are entitled to claim the legal costs you incur for your solicitor from the NHS Trust, which you will be pleased to know are in addition to your NHS compensation payouts for pain, suffering and financial loss as set out in paragraph 1 and 2 above.
The amount of a legal costs settlement depends on how much time your solicitor has spent helping you claim; the complexity of the issues involved and the amount of the final settlement award you receive.
The larger your average NHS compensation payouts and the more complex your claim the more reasonable it is that your solicitor will spend more time on your claim resulting in larger payments to your solicitor for legal costs.
Specialist NHS compensation payouts solicitor free online legal help
If you suspect that you have been injured as a result of clinical negligence and would like to speak to me in person, free of charge, about your likely NHS compensation payouts or have an online assessment of your potential medical negligence claim click NHS compensation payouts.