UK CLINICAL NEGLIGENCE COMPENSATION CLAIMS

We are fortunate to be British – in comparison to much of the rest of the world we have excellent quality of healthcare and the professionals that overlook our health in both public and private sectors are diligent and caring. Unfortunately mistakes do occur which can be disastrous both to an individual and to their families and the consequences of a healthcare professional failing in his or her duty of care can be beyond description. If the error of judgement can be blamed on the fault of a healthcare professional then clinical negligence compensation may be available.

These mistakes may include treatment that was not necessary or a failing in the treatment that was necessary. Any category of healthcare professional can be involved in errors – including consultants, doctors, dentists, nurses and technical staff. If you are the victim of a medical error or a member of your family has been a victim then you are entitled to make a clinical negligence compensation claim. Similarly if you are the dependent of someone who has passed away due to a medical mistake then you have a strong legal right to make a claim.

Receiving money in a clinical negligence compensation claim can never fully make up for the loss and no system of law could ever hope to recompense you properly. An Award of damages may help to ease the pain and can make life easier for those who are suffering. Assesment and calculation of personal injury damages is not an easy task and for the sake of convenience lawyers divide awards into two categories as follows :-

General Damages
This category represents compensation for items that can cannot be calculated easily including items that are likely to continue running into the future and as such involve a degree of estimation or assessment. Included in this category are pain & suffering, loss of promotion or other opportunities, disadvantage in the labour market, inability to carry out day to day tasks and hobbies, future loss of earnings etc.

Special Damages
This category represents compensation for losses that can be calculated mathematically with some accuracy including past loss of earnings, past care and assistance expenses, medical costs incurred, legal fees and other general expenses.

Items that have to be assessed in a clinical negligence compensation claim depend on the skill and experience of the judge who will make his decision after hearing representations from both sides legal representatives and after calling on his inevitably considerable experience tempered with awards made in previously decided cases and government guidelines for damages put forward by the Judicial Studies Board. Many lawyers refer to ‘Kemp & Kemp – Quantum of Damages’ when assessing compensation for pain and suffering, which is available in most public libraries.

If you or your child has suffered personal injury and you fear that it may have been due to incompetence or negligence there is no time for delay. In order to know what options you have you should seek expert legal advice as soon as possible. Our solicitors operate a free service whereby you can meet us in person or chat over the telephone with one of our friendly experts and obtain initial advice. If you subsequently decide to proceed no further then that is your right and you will not be charged for our initial advice.