NHS Compensation Payouts Guide | NHS Negligence Claims

NHS Compensation Payouts Guide | NHS Negligence Claims Each year, over 10,000 new compensation claims are made against the NHS; this translates to billions of pounds in settlement fees. If you have suffered an injury or illness while under the care of a medical professional at the NHS, then this guide will explain what you need to know about the NHS negligence claims process and how much you can expect for your case.

What is NHS Negligence?

NHS negligence occurs when a health professional at the NHS causes injury or illness to a patient due to a mistake, oversight, accident or action/inaction that falls below the duty of care expected of them.

Every NHS negligence claim must have the following elements:

 The medical professional owes the patient a duty of care.  The medical professional failed to fulfill their duty of care.  That failure caused harm to the patient.

What is the Average NHS Negligence Compensation Payout?

According to the NHS Litigation Authority, the estimated average compensation amount is £50,000. Like every medical condition manifests differently from one patient to another, it is unlikely that two NHS negligence claims can be exactly the same. Claims can be for misdiagnosis, surgical errors, medication errors, or a birth injury, and each negligent treatment causes different injury types. Due to these wide variations, the compensation amounts for NHS negligence can range anywhere from £1,000 to several millions in very severe cases.

What Can be Claimed for in NHS Negligence Payout?

NHS negligence claims are generally broken down into two major categories:

 General Damages This compensates for the tangible aspects of your illness or injury – such as the pain and suffering you endured as well as the long-term effects of the negligent treatment on your health.

 Special Damages This compensates for the less tangible aspects of your condition – such as the lifestyle and financial losses. It covers for loss of earnings, out-of-pocket expenses and the long-term effect of your inability to work.

How Much Can I Expect for My NHS Negligence Claim?

If you have been injured as a result of negligent treatment and are considering suing the NHS, you may want to know how much you can expect in NHS compensation. Unfortunately, it is impossible to provide an exact figure for your case. This is because every NHS negligence claim is different, with a range of variables involved. While there are lots of medical negligence calculators online, they only provide estimates.

The table below shows the average payout amounts for NHS negligence claims.

This is to give you a rough idea of what you can expect. If the injury you sustained is not listed below, please do not hesitate to get in touch with us for further guidance.

Reason for Claim

Average Compensation Description Amount Pain and suffering £1,000 - £200,000 Your compensation will be based on the level of pain and suffering endured.

Loss of future estimated £10,000 - £400,000 Based on your future earnings earning prospects.

Brain injury £1,900 - £240,000 Based on the level of brain damage.

Mental damage £1,300 - £48,000 Based on the level of mental damage.

Leg injury £84,000 – £210,000 Compensation will depend on whether injuries resulted in partial amputation or complete loss of both legs.

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