How is medical negligence compensation calculated?

Just as you possess the right to claim compensation if you are hurt following somebody else’s negligence on the road or at work, you have the right to seek damages if you are injured or suffer deterioration in your health due to the negligence of medical professionals. Medical negligence covers a wide range of things, from misdiagnosis that leads to the worsening of your health to malpractice, surgical errors and injury to a mother or baby during childbirth.

How much compensation will I get if I’ve been the victim of medical negligence?

The consequences of medical negligence can range from minor injuries to serious health implications. The amount of compensation in a medical negligence case reflects the severity of the injury or damage to your health that has been caused. While every case is different, an injury lawyer can estimate just how much money is due by taking into account several factors. Compensation for medical negligence comes in two forms: general damages, which is paid to compensate you for the pain and suffering caused by medical negligence, and special damages, which compensates you for any financial losses.

What are general damages?

The amount awarded in general damages depends on the severity of the injury or the damage to your health. The more serious the injury or effect on your health, the more money will be awarded in general damages. Some medical negligence cases may involve you having to undergo a repeat procedure, such as an operation, and this additional trauma will be taken into consideration with regards to the amount of damages that you are eligible for. Some consequences of medical negligence are so severe they can affect you for the rest of your life. You may have to give up your work or your hobbies or change the way you live your life. Medical negligence could even lead to a treatable condition becoming terminal, so general damages will reflect all this.

What are special damages?

Special damages are awarded to compensate you for any financial losses incurred as a result of the medical negligence. These damages can cover you for the loss of past and future earnings, or things such as travel costs for repeated trips to the hospital. How much is awarded in special damages depends on how much money you have lost due to the negligence.

 

Back to Common Questions