Making a Clinical Negligence Claim - Compensation

Compensation

You can claim compensation for any injuries or losses which you can prove were the direct result of a healthcare provider's negligence. In the context of clinical negligence litigation, this compensation is referred to as "damages". Damages are calculated in a way that splits different types of compensation into different categories:

General Damages

General damages reflect the effects of your injury that cannot be calculated in monetary terms. This could include compensation for:

  • pain and suffering, including psychological damage;
  • "loss of amenity" (e.g. if your injuries prevent you from carrying out hobbies or daily activities).

Special Damages

Special Damages represent the effects of your injury that can be calculated in monetary terms.

This could include compensation for:
  • loss of earnings;
  • costs of nursing care, special equipment, medical care or help that you need to carry out daily activities;
  • costs of adapting your home.

Special damages apply to past losses and future losses. For example, if you have been forced to give up your job as a result of your injuries, you will be compensated for your loss of earnings to date, and also for your projected loss of future earnings.

Bereavement Damages

If your case relates to a loved one who died because of clinical negligence, you can claim:

  • "Bereavement damages": you can only claim these if the deceased is your husband or wife, or your child (if under 18). The law lays down how much money you will receive.  At present, that figure is £10,000 for deaths after April 2002; for earlier deaths the figure is £7,500;
  • Funeral costs;
  • If you were financially dependent on the person who died (if they were the "breadwinner"), you can claim compensation for the loss of their earnings.
  • It may also be possible to make a claim on behalf of a deceased patient's estate.

Interest

When an award of damages is made, the Defendants usually have to pay interest.  The way in which interest on compensation is calculated is quite complicated, and varies according to the different categories of damages.