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Question

How much compensation will I receive for a successful medical negligence claim?

Answer

If you are successful in your claim and you are awarded damages the compensation will be made up of 2 components: general damages and special damages.

General damages

General damages deal with the non-financial consequences of your injury and the compensation is awarded for your pain; suffering and what lawyers call "loss of amenity" or loss of enjoyment of life.

The level of award received in each claim is based on other similar cases previously decided at court and guidelines published to help solicitors judge the range of awards for your type of injury.

Special damages

These are awarded for the financial losses and expenses you have incurred and are likely to incur in the future as a result of your injury. These vary from case to case but may include:

  • future loss of earnings until retirement
  • the cost of any nursing care you have needed in the past and may need in the future
  • the cost of private treatments such as physiotherapy, occupational therapy and speech and language therapy
  • the cost of purchasing and/or adapting suitable accommodation
  • the cost of specialist aids and equipment

It is important to remember that only if treatment is found to be incompetently performed that a claim will succeed. No compensation will be awarded if the health professionals are shown to have performed their job correctly and to have done everything that an ordinary professional of their experience would have done.


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