NHS Compensation Payouts - A Guide On Settlements
Read Our NHS Compensation Payouts Guide To Learn How Settlements Could Be Awarded For Medical Negligence.
£85 million in compensation
NHS Compensation Payouts - A Guide On Settlements
Read Our NHS Compensation Payouts Guide To Learn How Settlements Could Be Awarded For Medical Negligence.
Everyone trusts that they will receive an excellent standard of care when receiving treatment within the NHS. However, with this service under a lot of pressure due to a lack of funding, medical professionals often struggle to maintain a high standard of care, which is why some patients suffer unnecessary or avoidable harm.
This NHS compensation payouts guide explains how much compensation is typically awarded to patients who suffer from negligent conduct within the NHS. In doing so, it discusses the eligibility criteria for starting a medical negligence claim and how claimants benefit from the legal support of our No Win No Fee solicitors.
If you would like learn more about medical negligence claims, both against the NHS or private providers, please get in touch with our helpful advisors by:
- Visiting our contact page online
- Calling our advisors on 0151 375 9916
NHS Compensation Payouts Guide
An NHS compensation payout is a sum of money that claimants are awarded for a successful medical negligence claim. Patients are awarded this to compensate them for any harm and financial losses they suffered as a result of a medical professional’s negligent actions. Not only does it aim to provide claimants with a sense of justice, but it also sets them up to rebuild their lives and get back on their feet.
Under the following headings, you can see examples of NHS compensation payouts for different types of medical negligence. These figures were taken from the NHS Resolution supplementary annual statistics for cases that occurred between 2023 and 2024.
How Much Compensation For A Misdiagnosis?
A medical misdiagnosis may occur in any health condition if the correct procedures are not followed. As a result, compensation awards for such harm vary in each case.
To illustrate this, according to the annual statistics, claimants were awarded an average of £30,856,036 between 2023 and 2024 for their suffering caused by an ophthalmology misdiagnosis.
A misdiagnosis claim occurs when a medical professional fails to associate a patient’s symptoms with the correct condition, resulting in the patient suffering harm that would not have otherwise occurred.
For example, a patient may visit her GP for her stomach pain and bloating, who diagnosed her with IBS, but the symptoms continued. After several appointments, the GP eventually sent the patient for a colonoscopy, which revealed it was bowel cancer that had spread to the patient’s stomach. As a result, the patient was awarded an NHS compensation payout, as the misdiagnosis caused her harm that may have been avoided with an early diagnosis.
What’s The Average Compensation For Birth Injury Negligence?
The average compensation payouts for obstetrics negligence, which could include harm caused by birth injury negligence during 2023-2024, is £10,810,100 (please note, this figure only applies to claims made against NHS Resolution and as such, does not include private providers).
Birth injury negligence occurs when a healthcare professional does not provide the correct standard of care towards a mother or her baby.
For example, a medical professional may have failed to monitor a baby’s heart rate during labour. As a result, they failed to notice that it was very slow, and no early interventions were made to protect the baby. Consequently, the baby was deprived of oxygen, causing cerebral palsy, for which a compensation payout was awarded.
Accident And Emergency Negligence Compensation
Below, you can see how much compensation claimants were awarded for harm caused by medical negligence in A&E.
- Emergency medicine – £141,768,927
- Ambulance negligence – £9,396,349
NHS compensation payouts may be awarded to patients who suffer avoidable or unnecessary harm while in A&E.
For example, a patient may be admitted to A&E after falling from a ladder. The patient may have suffered a severe leg fracture and received treatment for this. However, the medical professional failed to complete a CT scan and failed to notice that the patient also had internal bleeding. As a result, the patient may suffer from organ failure and be placed into an induced coma, for which they may receive a compensation payout.
Compensation Amounts For Prescription Errors
Compensation amounts for harm caused by prescription and medication errors in 2023/34 amounted to £27,536,823.
Prescription error claims are typically made when a medical professional gives patients the incorrect medication or dosage, or fails to administer it at all, resulting in the patient suffering avoidable harm.
For example, you may have been admitted to an NHS hospital to be treated for sepsis. On your medical records, it may state that you are allergic to penicillin. However, the medical professional failed to read them. As such, you were given penicillin as treatment for your sepsis, which caused you to suffer from an avoidable allergic reaction, including breathing and swallowing difficulties, a rash and confusion. Therefore, you may be awarded a compensation payout for your unnecessary suffering.
What Compensation Is Awarded For Surgical Negligence?
The compensation awarded by the NHS for surgical negligence is divided into three categories. The list below shows the average figures for each category.
- General surgery – £117,749
- Orthopaedic surgery – £131,749
- Neurosurgery – £885,221
NHS surgery compensation payouts are awarded to patients who suffer harm that was avoidable or unnecessary.
For example, a patient may undergo a routine surgery on their stomach. However, the surgeon may have failed to remove a surgical sponge before closing the patient’s abdomen. As a result, the patient may develop a severe sepsis infection due to the foreign object left inside them. Therefore, they may be awarded a compensation payout for their unnecessary and avoidable suffering.
If you would like to learn more about NHS compensation payouts, please continue reading this guide or contact our helpful advisors.
Statistics On NHS Medical Negligence Claims
The table below contains statistics from Table D.1 of the NHS Annual Report. The figures show the number of NHS medical negligence claims that were settled between 2023 and 2024.
NHS Negligence Claims Settled
Emergency Medicine 1,294
Orthopaedic Surgery 1,108
General Surgery 720
Radiology 448
Urology 308
Paediatrics 199
Neurosurgery 155
Cardiology 207
Although medical professionals within the NHS generally maintain the duty of care expected of them, circumstances may arise that result in patients suffering avoidable harm. However, as this table illustrates, the NHS aims to provide compensation payouts for the damage caused by the negligent conduct of medical professionals within it.
If you have any questions regarding the statistics on NHS medical negligence claims or how they are resolved, please contact our friendly advisors for assistance.
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How Much Could I Claim In Medical Negligence Compensation?
NHS compensation payouts for successful medical negligence claims vary in each case and are determined by the claimant’s level of harm and other losses. As such, it is calculated under two heads of claim, general damages and special damages.
Compensation for physical and psychological harm is calculated under general damages. Your legal team may be responsible for calculating this award using your independent medical assessor’s report, which shows the harm you suffered and compensation guidelines presented by the Judicial College (JCG).
The JCG contains a list of injuries next to their suggested compensation brackets. The table below provides examples from here so that you can see how much medical negligence compensation you may be entitled to.
When reading this table, it is important to understand that, as the figures you see are suggestive, you are not guaranteed them. Also, the top figure was not taken from the JCG but illustrates how much you may be awarded for harm that is associated with financial losses.
Harm Compensation Guideline Explanation
Serious Harm in Multiple Areas and Significant Financial Losses Up to £1 million plus This award is for claimants who suffer from serious harm in multiple areas that is associated with significant financial losses.
Tetraplegia (Quadriplegia) £396,140 to £493,000 This award is for claimants who suffer from paralysis, have no physical pain, but have awareness of their disability. Their senses and bodily functions are also taken into consideration. The higher end of the bracket is for those suffering from significant brain damage.
Very Severe Brain Damage £344,150 to £493,000 This award is for claimants who suffer from severe brain damage. Some of the factors that determine this award include their life expectancy, awareness, physical limitations, sensory impairment, their ability to communicate and whether they require a gastrostomy for feeding.
Loss of Both Arms £293,850 to £366,100 This award is for claimants who suffer from the amputation of both arms.
Below-Knee Amputation of Both Legs £245,900 to £329,620 This award is for claimants who encountered the amputation of both legs below the knee. Some factors that determine this award include phantom pains, stump pains, their age, psychological issues, prosthetics and the risk of future degenerative implications.
Total Incontinence of the Bowels and Bladder Up to £224,790 This award is for claimants who encountered a total loss of natural functioning of the bowel and loss of urinary functioning. Other associated medical conditions are also considered under this award.
Loss of Sight in One Eye and Limited Vision in the Other Eye (i) £117,150 to £219,400 This award is for claimants who suffer from complete vision loss in one eye and the risk of future deterioration of vision in the other eye.
Chest Injuries (a) £122,850 to £183,190 This award is for claimants who suffer from the total removal of a lung or serious heart damage, prolonged pain and significant scarring.
Severe Pelvis And Hip Injuries (i) £95,680 to £159,770 This award is for claimants who suffer from multiple and severe pelvic fractures, including a dislocated lower back joint and a ruptured bladder. Substantial residual disabilities, including arthodesis, loss of bladder and bowel control and sexual function are also considered.
Kidney Injuries (b) Up to £78,080 This award is for claimants who suffer a kidney injury that is associated with future urinary tract infections or a total loss of kidney function.
If you would like more examples of how much medical negligence compensation you may be awarded for your harm, please get in touch with our friendly advisors.
Will The NHS Payout For Special Damages?
You may be awarded a medical negligence payout for special damages if the harm you suffered caused you to incur financial losses. Some examples of the losses you may claim compensation for include:
- Lost wages for your time off work or future loss of earnings if you are no longer able to work.
- Lost work benefits, including bonuses, promotions, holiday entitlement or pension contributions.
- Medical costs you may be required to pay for further medication or treatment, such as physiotherapy.
- Costs associated with home modifications, such as the installation of stairlifts, ramps, or wider door frames.
- Short or long-term care costs, including payments for specialist carers and child support.
- Costs associated with special equipment to support you, such as prosthetics, walking aids, or heat packs
NHS compensation payouts provide financial support to assist you in taking the necessary steps to help you get back on your feet. Not only do they reimburse you for your immediate losses, but they also take into consideration any future expenses you have, which may benefit you in the long term.
When claiming special damages, you must obtain evidence of your losses to support your claim. Examples of this include payslips, bank statements or receipts. If you are struggling to find this, our solicitors may be able to assist you.
If you would like to find out if you are entitled to special damages as part of your NHS negligence compensation payout, please contact our advisors.
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What Would Make You Eligible For A NHS Compensation Payout
If you suffered from medical negligence, you may be eligible to start a claim for an NHS Compensation Payout if you meet the following criteria:
- A medical professional owed you a duty of care
- The medical professional breached this duty
- This caused your avoidable or unnecessary harm
This applies to all medical negligence claims, regardless of whether the incident occurred in an NHS or private healthcare setting.
All medical professionals, including those working for the NHS, have a duty to maintain good medical practice while treating their patients. Any negligent conduct or omission they commit may put them in breach of their duty of care. Therefore, patients may be entitled to compensation payouts for any harm this causes them.
To determine if you are eligible to start a clinical negligence claim, please contact our helpful advisors and discuss the specifics of your case with them. They can also advise you on how to use an NHS compensation payouts guide.
Can I Claim With A No Win No Fee Medical Negligence Solicitor?
Yes, you may instruct a solicitor to start your claim on a No Win No Fee basis through a Conditional Fee Agreement (CFA) if you are eligible to make a medical negligence claim.
One of the benefits of starting a No Win No Fee claim is that you can avoid paying any upfront costs for your solicitor’s work. For example, if your claim is successful, a small success fee that is legally capped will be taken from your compensation. If your claim does not succeed, you will not pay this.
Additionally, our solicitors offer No Win No Fee agreements from anywhere in the country. So, you may start your claim with them regardless of your location.
If you would like to learn more about the benefits of No Win No Fee claims, please do not hesitate to get in touch with our advisors.
Do I Need To Use A Medical Negligence Solicitor For My Claim?
When starting an NHS medical negligence claim, you will greatly benefit from the legal support of our solicitors at JF Law. This is because they have undergone extensive training to become specialists in such claims and gained decades of combined experience in helping their clients secure over £80 million in compensation. Therefore, you can rely on their dedication and professionalism to support you with your claim.
Our solicitors may help you claim compensation by:
- Explaining the clinical negligence claims process
- Walking you through each stage of the claims process
- Explaining legal terminology and documentation
- Helping you obtain evidence to support your claim
- Calculating how much compensation you are entitled to
- Helping you apply for interim payments to cover medical expenses
- Setting you up with appointments, such as rehabilitation
- Negotiating compensation settlements with third parties
Our solicitors are dedicated to maintaining a high standard of customer service. Therefore, they will utilise their legal skills and professionalism to help you claim the compensation you deserve after suffering from medical negligence.
Contact Our Advisors
For more information about using an NHS compensation payouts guide or to start a medical negligence claim today, please contact our friendly advisors by:
- Visiting our contact page online
- Calling our advisors on 0151 375 9916
Learn More
If you would like to learn more about the NHS or medical negligence claims, you may click on the links below and read the helpful guides.
- Here is a guide on hospital negligence claims
- Read this guide on pregnancy negligence claims
- A guide on surgery negligence claims
References:
- Information about the NHS, NHS.UK
- Find an urgent treatment facility, NHS.UK
- Information on statutory sick pay, GOV.UK
We appreciate you taking the time to read this NHS compensation payouts guide. We hope that you found this helpful.
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