If you have suffered an injury because of negligent medical treatment, you could be entitled to make a Medical Negligence Claim for compensation. The value of your claim will depend on a number of different factors, such as the severity of your injuries, the impact these have on your life and the financial losses you've incurred as a result.
In this article, we explain how a Medical Negligence Solicitor will calculate the value of compensation that should be awarded to a victim of medical negligence.
What Is Medical Negligence?
Medical Negligence occurs when a medical practitioner provides treatment that neglects their duty of care, and causes harm to the patient as a result. There are many forms that medical negligence can take, but examples include failing to diagnose an illness or injury, administering inappropriate treatment, or making a mistake during a surgical procedure.
Medical negligence can happen anywhere where a medical practitioner is providing treatment or care to a patient. This could be a General Practitioner (GP), a doctor, nurse or surgeon in an NHS or private hospital, or a cosmetic surgeon, for example.
Calculating the Value of a Medical Negligence Claim
In order to calculate how much compensation you are entitled to receive, your Medical Negligence Solicitor will need to establish exactly what happened, how it happened, and the impact of this. In order to establish this, they will need to look at all of the circumstances surrounding the injury and collate all of the necessary evidence to support the claim.
The factors that your Medical Negligence Solicitor will consider include:
- The pain and suffering that you and your loved ones have suffered as a result of your injury
- What impact the injury will have on your life in the future
- Any financial losses that you've suffered because of your injury
- Your immediate and ongoing medical treatment, rehabilitation and care requirements
- Any adaptations that need to be made to your home or your workplace, as a direct result of your injury
This is not an exhaustive list, and there could be a number of other factors that your Medical Negligence Solicitor will also consider vital to your claim. However, those listed above will usually form the basis when calculating the value of compensation due in a Medical Negligence Claim.
Once these details have been established, the total compensation amount will be split across two distinct categories; Special Damages and General Damages. Special Damages cover the financial losses that you've suffered, such as your loss of earnings, medical costs as well as any out of pocket expenses (such as taxi fares if you're unable to drive, for example). General Damages cover the pain, suffering and loss of amenity that you have suffered as a direct result of the injuries you've sustained.
No Win No Fee Medical Negligence Claims
At Co-op Legal Services, we can deal with most Medical Negligence Claims on a no win no fee basis. There are no upfront fees for you to pay in advance, and if your claim is unsuccessful, there will be nothing for you to pay at all. This means there's no financial risk to you.
If your claim is successful, your legal fees will be covered by a combination of a success fee deduction and fee recovery from the other side. This means that you won't be left out of pocket, regardless of whether or not your claim is successful.