NHS Compensation Payouts: Claim For Clinical Errors By The National Health Service
Find out how to show the NHS has been negligent; with the types of compensation you can claim from the National Health Service; how you solicitor calculates the payout amounts of compensation you are entitled to claim.
In addition – we provide examples of compensation payouts for different types of injury you might experience at the hands of the NHS.
- NHS Compensation Payouts: Claim For Clinical Errors By The National Health Service
- How do you show NHS negligence?
- What should you do if you are unhappy with the NHS treatment you have received?
- Are GP’s included in claims from the NHS?
- What different types of compensation can you claim from the NHS?
- NHS Average Compensation Payout Amounts
- FREE Online / Telephone Legal Help
How do you show NHS negligence?
To succeed with a claim against the NHS – your solicitor must show as a matter of law that an NHS worker was in some way negligent and that negligence led to your injury or suffering (whether physical or psychological).
Examples Of NHS Workers
NHS workers can include: surgeons, consultants, doctors, nurses, ambulance workers, paramedics, other clinicians.
What should you do if you are unhappy with the NHS treatment you have received?
See our initial steps to making a medical negligence claim article for an explanation of:
- The initial steps you should take if you are unhappy with your NHS treatment.
- The evidence your solicitor will use to prove NHS negligence.
Before a calculation can be made as to the amount of NHS compensation payouts you are entitled to recover
Are GP’s included in claims from the NHS?
Technically a GP is not part of the NHS, but they do treat NHS patients as contractors to the NHS.
However – the amount of compensation you recover whether against your GP or the NHS will result in the same amount of compensation payout for the same injury.
NHS Resolution Deals With Claims Against The NHS And GPs
As from 2019 the same body (NHS Resolution) deals with claims against the NHS and against GP practices.
What different types of compensation can you claim from the NHS?
There are primarily three parts to NHS payouts. Two of which are designed to compensate you and the other to help pay your legal costs in making a claim.
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.
Medical expert to determine NHS error
A medical expert is instructed by your lawyer to examine your medical records and hear your description. The expert will then make a determination as ti whether there was an NHS error.
Medical expert to set our injuries you received
In addition, a medical expert will 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.
Caselaw and judicial guidance
Based upon this report – your solicitor can look at judicial guidance for compensation payouts for similar injuries. Plus – compare your injury to other similar injuries in which the courts have made a compensation payout in the past.
Your solicitor calculates NHS compensation payout for pain and suffering
Thus, your solicitor can calculate 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.
NHS compensation for your financial losses and expenses
When you are injured you will uniquely have certain financial losses and expenses.
Lost income depends on the job that you do
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. Or a supermodel might lose hundreds of thousands.
Your individual circumstances determine the loss
Your NHS compensation payouts for financial losses can only be calculated by your solicitor after looking at your individual circumstances.
No Limit To The Amount Of Financial Loss And Expense You Can Claim
Technically – there is no limit to the amount of compensation you can claim for financial loss and expense.
However – you must prove that you have suffered a financial loss as a direct result of NHS negligence.
In addition, a medical expert must verify the loss was reasonable.
For example – your time off work must be reasonable given the nature of your injuries and the work that you do.
NHS Payouts for legal costs of your solicitor
Clinical negligence claims against the NHS trust are highly complex. Therefore – use of a specialist solicitor is extremely important to ensure both a successful result to your claim and the maximum NHS compensation payout.
Medical negligence claims are complex
The law recognises this complexity and the need for you to use a solicitor to help you claim.
Therefore – you are typically entitled to claim from the NHS Trust the majority of the legal costs you incur to make your claim. This is in addition to your NHS compensation payouts for pain, suffering and financial loss as set out earlier.
Claim Legal Costs Only If You Win Your Claim
Only if your claim is successful will you be entitled to claim legal costs from the NHS.
Hence – the importance of using a no win no fee to limit any legal costs should claim be unsuccessful.
Factors determining the amount of legal costs you can claim
The amount of a legal costs settlement depends on:
- How much time your solicitor has spent helping you make your claim.
- The complexity of the issues involved.
- The amount of the final payout settlement award you receive.
The larger your average NHS compensation payout and the more complex your claim the more reasonable it is that your solicitor will spend more time on your claim. Therefore resulting in larger payments to your solicitor for legal costs.
NHS Average Compensation Payout Amounts
See our compensation by body part and injury type article. You can see calculations for NHS compensation payouts for all manner of injury your might experience. This includes both physical and psychological injury.
FREE Online / Telephone Legal Help
See our free legal help options – if you suspect you have been injured as a result of NHS negligence.
You can not only speak to our solicitors in person about your experience, but also ask a question or have your potential clinical negligence claim assessed.
