A clinical negligence claim (sometimes known as a medical negligence claim) is when a patient makes a claim against their medical practitioner or hospital for compensation due to an act of negligence occurring during their medical care.
To bring a successful clinical negligence claim an individual must prove that the healthcare provider breached their duty of care and that, as a consequence of that breach, they or a loved one suffered physical or psychological harm.
If you have brought a successful clinical negligence claim, you will be awarded compensation for any losses incurred as a consequence of the negligence.
How much compensation is awarded depends on an assessment of the value of the damage that arises from the negligence while taking into account the damage that the underlying condition which was being treated would have caused in any event.
- We recently assisted one of our clients in obtaining £3.5 million in compensation following clinical negligence in relation to sepsis.
There are two forms of compensation: general damages and special damages. Claimants are entitled to both forms of compensation where applicable.
1. General damages
“General damages” is the compensation for the pain, suffering and loss of amenity (“PSLA”) that arises from the negligence. ‘Loss of amenity’ is the impact on quality of life. General damages apply to both physical and psychological injuries. This type of compensation is assessed by looking at what compensation has been awarded for similar types of injury in previous claims.
2. Special damages
“Special damages” is compensation for the financial impact of the negligence. This includes loss of earnings, travel costs, medical treatment costs, and the cost of care and assistance that have all arisen as a consequence of the alleged negligence.
Other outcomes
As well as compensation, there are other potential outcomes to bringing a successful clinical negligence claim.
The claim can help bring deficiencies in organisations to light. This can work to facilitate change in organisations.
The claim may result in receiving an apology from the healthcare provider.
The commissioning of an expert report will help you obtain answers in relation to your or your loved one’s treatment and condition. The expert report will be written by a specialist in the relevant area of medicine and they will investigate the circumstances of your or your loved one’s medical care, setting out a comprehensive account and analysis of this care.
Speak to one of our specialist solicitors
Our lawyers are specialists in the field of clinical negligence law. If you have concerns in relation to medical treatment you or a loved one received or have questions in relation to time limits in clinical negligence cases, please contact us on 01865 311133 or fill in the online form linked here.
About the authors
David Black is a partner based in our Oxford office, having practised as a solicitor assisting those who have received substandard medical treatment for over 30 years.
Tim Fraser is a solicitor based in our Oxford office and is a specialist in clinical negligence law.
