Medical Negligence Compensation Awards for Nursing Claims
19 September 2017
The amounts of medical negligence compensation payouts for negligent nursing claims vary greatly from case to case. Below are two examples of medical negligence cases to show the medical negligence compensation payouts that have been awarded in previous cases:
The Case of Mr P
Mr P was admitted to hospital suffering from increasing paralysis. An initial pressure sore assessment was carried out. Mr P became at higher risk of developing pressure sore but no further risk assessments were carried out. Unfortunately, Mr P went on to suffer a pressure sore to his lower back. The pressure sore required two operations and Mr P went on to suffer a deep vein thrombosis and a chest infection.
The medical negligence compensation payout in Mr P’s case was £12,300 in relation to his pain and suffering and £200 in relation to financial losses.
The Case of Mrs T
Mrs T visited her GP practice as she was suffering with cystitis. She had a consultation with the Practice Nurse. During the consultation, Mrs T mentioned that she was allergic to Septrin.
The Nurse prepared a prescription for Trimethoprim (one of the elements of Septrin). The Practice Nurse then asked the GP for their signature stating that Mrs T had no allergies. The GP did not speak with Mrs T or check her records. The Nurse did not provide Mrs T with any instructions about how to take the medicine. Unfortunately, as a result, Mrs T took exceeded the recommended dose.
Mrs T became very unwell with a rash, severe chest pains, aching, hot and cold sweats, headache, swelling and blurred vision.
Seven days later she was taken to hospital where she was treated with intravenous fluids, steroids and antibiotics. She remained in hospital for 2 days suffering with diarrhoea and vomiting. She was discharged home but still needed her partner to care for her for around another week. Fortunately, Mrs T didn’t suffer any long-terms problems and made a good recovery.
The medical negligence compensation payout in Mrs T’s case was £2,500 in relation to her pain and suffering and £150 in relation to financial losses.
Compensation for Medical Negligence
Medical Negligence Solicitor Daniel Comerford explains why these two patients received different amounts of compensation.
In our Medical Negligence Claims Guide we showed how compensation in medical negligence cases is calculated.
Neither of the above nursing negligence cases involved large financial losses so the claims for Special Damages were very limited. In Mrs T’s case this was because the injury resolved with around 2 weeks. In Mr P’s case, it is unlikely that he had lost any income or incurred any additional care needs because of his underlying health problems. This meant that the largest part of the above claims were for the pain and suffering Mrs T and Mr P experienced.
The compensation awarded for pain and suffering is often not very generous. In a lot of medical negligence cases it is the Special Damages part of the claim that is the largest contributor to the amount of compensation awarded.
If we take the case of Mr P as an example, the compensation payout would have been much larger if he had previously been in good health and was gainfully employed but, following the negligence, was no longer able to work. His Medical Negligence Solicitor would have been able to claim for his loss of earnings.
If Mr P had 20 years left until retirement and was earning £30,000 per year there would have been a very large loss of earnings claim. If his Solicitor was able to show that Mr P would have benefited from rehabilitation, Mr P may have recovered compensation to fund this. So in Mr P’s case, the same claim involving the same injury would have resulted in much more compensation depending on his employment and whether there is any private treatment that would help him.
The above case example illustrates how, when bringing a claim for medical negligence compensation, it is essential to get legal advice from a specialist Medical Negligence Solicitor to ensure that all your financial losses are identified and claimed, to make sure you get the right amount of compensation.
At Co-op Legal Services we do not disclose any confidential information about our clients. Both of the nursing negligence cases above were not dealt with our Medical Negligence Solicitors but were reported in the Personal Injuries Quantum Database of Lawtel.