When making a medical negligence claim, it is possible to make these against both a private practitioner, as well as the institution of the NHS. According to the National Health Service Litigation Authority, the average NHS negligence payout was estimated at around £50,000. What you could gain could range from £1,000 up to millions of pounds, depending on your situation. No matter how small you make think the claim could be, experts will be able to help you understand your case.

What is a medical negligence claim?

A medical or clinical negligence claim is legally defined based on the ‘4 D’s of medical malpractice’. These guidelines are:

  • Duty

During training, all doctors are taught what the duty of care is that they must provide to their patients.

  • Derelict

Dereliction is the official term for when a medical professional is considered to have broken this duty of care.

  • Direct Cause

In order for a medical malpractice claim to be filed, you must be able to prove that it was the direct fault of a medical professional.

  • Damages

The medical negligence payout that you could earn will be calculated based on the physical injury and the psychological injury, as well as any medical or travel expenses.

If there is anything that you are uncertain about in regard to a medical negligence claim and you are in the Greater Manchester area, Solicitors Manchester can help you to understand your situation.

What are some examples of medical negligence claims?

There are a number of different scenarios that can lead to being able to claim for medical negligence compensation. Some common claims can include:

  • Cosmetic surgery negligence claims
  • A&E negligence claims
  • Dental negligence claims
  • Gynaecological negligence claims
  • Amputation claims
  • Pregnancy and birth negligence claims
  • Surgical negligence claims
  • Cosmetic surgery negligence claims
  • Care home and nursing home negligence claims

A clinical negligence payout can occur whenever a scenario fulfils the exact definition of medical malpractice.

How will my payout be calculated?

Whether it’s NHS compensation or a payout awarded from a private institution, the amount of compensation that you could receive for your medical negligence claim will depend on a number of different factors. You will need to be able to prove that your injury or condition is worse than it would have been if you had not been the victim of medical negligence. The other factors that need to be considered include:

  • Any cost of extra care
  • Any travel expenses that have occurred while you may have been receiving medical treatment
  • Whether your condition will prevent or may already have prevented you from working and therefore will result in a loss of earnings.
  • Any extra medical expenses that you have already paid, in addition to any future treatment.

Because every case is unique, there may also be other factors that need to be considered when your compensation is being calculated. Talking to an expert legal advisor is always the best course of action to clear up any confusion that you may have.