Clinical Negligence
Valuing Your Case
Compensation
You can claim compensation for any injuries or losses which you can prove were the direct result of negligent medical treatment. In the context of clinical negligence claims, this compensation is referred to as “damages”.
General damages
General damages are monetary compensation awarded by a Judge (or agreed by your opponents). They are intended to recompense you for (amongst other things) your injury and the pain and suffering this has caused you and also for any resulting physical or mental disability and the restrictions that this imposes on your way of life.
General damages are assessed by comparing previous Court awards in cases with facts similar to your own.
Other examples of general damages include: compensation for being handicapped in the job market, for the loss of a congenial form of employment or compensation for losses and expenses that you are likely to incur in the future.
Special damages
Special damages are compensation for the losses and expenses that you have incurred up to the date of the final Court hearing or settlement of your claim. Special damages are the actual losses or expenses that you have incurred, as opposed to those that will occur in the future, although they may include a claim for the notional cost of the care/assistance provided by family and friends.
Past and future losses and expenses
As indicated above, you are entitled to claim compensation for any losses or expenses that you can prove were a direct result of the negligence. These are likely to vary according to the nature and extent of the injury which you have suffered. However, such claims may include:-
- Loss of earnings.
- The cost of care and domestic assistance.
- The cost of medical treatment, including regular check-ups, speech therapy, physiotherapy and occupational therapy.
- The extra cost of purchasing suitable accommodation and undertaking necessary adaptions.
- The cost of additional household expenses.
- The cost of aids and appliances.
- The cost of adapting a vehicle.
- The extra cost of travel.
- The extra cost of holidays.
Bereavement damages
If your case relates to a loved one who died because of negligent medical treatment, you may be able to claim:-
- The statutory bereavement award of £10,000. However, you can only claim this if the deceased is your husband or wife, or your child who was under 18 at the date of death.
- Funeral expenses.
- A dependency, if you were financially dependent upon the person who died.
- A claim on behalf of the deceased's estate for the pain and suffering which they experienced and financial losses which were suffered prior to the date of death.
Interest
When an award of damages is made, the Defendant usually has to pay interest. The calculation of the interest which is due is quite complicated and will be explained by your Solicitor.
Assessing compensation
This is a complicated exercise and your Solicitor may need to involve experts (medical, care, architectural, employment etc) who are able to quantify your needs.
The amount of compensation can be maximised with the careful preparation of your claim by a specialist Solicitor.