What Is Clinical Negligence Compensation?
If you have been injured after receiving treatment from a medical professional, what action can you take, and if you pursue a clinical negligence case what clinical negligence compensation will you receive?
What Is Clinical Negligence?
Clinical negligence occurrs when a medical professional gives you treatment that is well below the standard of care that you should receive. If this happens, and you subsequently suffer an injury, you may be entitled to claim clinical negligence compensation.
Examples of clinical negligence include:
- Failure to diagnose cancer in time or at all.
- Failure to diagnose fractured bones.
- Birth tears suffered during the labour process which could have been avoided (third degree tears and fourth degree tears particularly.
- Cauda equina syndrome - if left untreated
- Necrotising Fascciitis - if left untreated
- GP negligence (prescribing the wrong medication or failing to correctly diagnose from symptoms presented or failing to refer to a specialist).
Whatever the type of clinical negligence, if you can prove that the treatment provider was negligent, you can claim clinical negligence compensation.
What Is Clinical Negligence Compensation?
Clinical Negligence Compenstion is the amount of compensation that you receive after making a clinical negligence claim. It is usually made up of two separate parts, the award for the pain and suffering that you experience as a result of the negligent medical treatment, along with a second part for your losses and expenses incurred as a result of the negligence.
Clinical Negligence Compensation For Your Pain And Suffering
This part of your claim is assessed by obtaining medical evidence which confirms the extent of your pain and suffering, how long you suffered along with any permanent symptoms or pain experienced as a result of the clinical negligence. This is often a significant part of your claim for compensation and the amount is determined by looking at the amounts awarded in previous court hearings for similar injuries to your own.
Compensation For Your Losses And Expenses
In addition to the amount that you will receive for your pain and suffering, you will also be able to recover all of the losses and expenses that you have incurred as a result of the clinical negligence.
These losses can include the following items:
Lost earnings. If you have been unable to return to work for a period of time (or at all) because of your injuries you will be able to claim compensation for all of your lost earnings. This can include any lost overtime or bonuses, i.e. any aspect of your income that you did not receive as a result of your injuries.
Private medical treatment. If you needed further treatment as a result of the initial negligent treatment you will also be able to reclaim the cost of this treatment as part of your compensation claim. This might be as simple as physiotherapy or chiropractic treatment, or it could involve private surgery to rectify the problems caused by the first treatment provider. Whatever treatment you need, the cost can be reclaimed as part of the clinical negligence compensation claim.
Other losses. These might be minor costs such as transportation costs, or can be significant ones such as house adaptations if you are left with permanent disabilities.
Clinical Negligence Compensation Summary
By their nature, clinical negligence claims often lead to significant compensation awards. This article provides an outline of the compensation payable, but you should seek advice from a specialist clinical negligence solicitor as soon as you are aware that you might be able to make a claim.
Can We Help You With A Medical Negligence Enquiry?
Early legal assistance can be vital so please contact us if you would like to discuss your situation. Please call us free on 0800 234 3300 (or from a mobile 01275 334030) or complete our Online Enquiry Form.
See our GP Negligence section.
Can We Help You With A GP Negligence Enquiry?
Early legal assistance can be vital so please contact us if you would like to discuss your situation. Please call us free on 0800 234 3300 (or from a mobile 01275 334030) or complete our Online Enquiry Form.
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