Medical Negligence Compensation

Medical Negligence Compensation

Medical negligence compensation is available for a wide range of different injuries, and can be the result of either active mistakes by medical professionals or a passive mistake in failing to diagnose an illness correctly.

Types Of Injury

Active medical negligence comes about when a medical professional intervenes either to create an illness or injury, or to make one worse. Examples of this can be found in all kinds of medical procedures, and are not limited to compulsory operations. It is entirely possible to claim, for example, for damage suffered through negligence when undergoing voluntary cosmetic surgery. It is important to remember, however, that the negligence in question must have caused the injury being claimed for. It is not possible to claim for an injury or illness that would have happened in any event.

Passive medical negligence compensation occurs when a medical professional fails to take action that any competent medical professional would have taken in the same circumstances. The most common examples of this include misdiagnosis of illnesses, a failure to diagnose, or a failure by a medical institution to provide a safe clinical environment. For example, a number of victims of the MRSA ‘super-bug’ have filed claims against hospitals for a failure to maintain appropriate conditions within their buildings. In some cases, you may also be able to claim for any psychological damage suffered as a result of medical negligence which has caused injury to yourself or to a close relative.

Types Of Damages

Your claim will not be limited only to compensation for the moment of injury or illness. Instead, your damages are split into three different areas, all of which can usually be claimed. The first type is known as ‘general damages’, which takes the form of money given specifically to compensate you for the pain suffered for the injury or illness brought about as a result of negligence. The second type is ‘special damages’, which consists of any expenses you have incurred as a result of the injury or illness. This can include lost earnings, travel or medical expenses, or care fees. In many instances, this second category can dwarf the general damage claim. In addition, you are also able to claim for interest on both general and special damage compensation.

Amount Of Compensation

Whilst the amount of compensation offered for your claim will depend on the individual circumstances of your case, judges follow guidelines in personal injury cases to ensure that they offer broadly similar awards. For this reason it will be possible for your solicitors to estimate the award you are likely to receive. Compensation in general damages can range from £2,000 for the loss of a healthy front tooth, to well over £100,000 for severe brain damage. In addition, special damages in very severe cases can amount of millions of pounds in compensation. Make sure that you consult your solicitor over a reasonable level for your compensation claim before proceeding, and certainly before entertaining any attempted settlement from the defendant.

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