Clinical Negligence FAQs

This is usually based on the awards made in previous claims to people with similar injuries.
For common errors and injuries, there are often lots of comparable claims so it is easy to identify what level of compensation you should receive. However, in more complicated Clinical Negligence cases, there are, thankfully, fewer instances to compare. In such situations an experienced solicitor, such as those at Price Slater Gawne, will be able to advise you on what level of compensation you are likely to receive should your claim be successful.

When seeking compensation for financial losses every claim is different. Therefore, the amount you are likely to receive should your claim be successful depends on the specific losses you or your loved ones have suffered as a result of the negligence.
In addition to any losses already suffered, you can also obtain compensation for costs or losses that will arise in the future. Typical examples of specific financial losses include:

• loss of earnings
• medical expenses
• paying for care and rehabilitation
• travel expenses
• necessary adjustments to your home

It is important that documentation is kept, such as receipts, as these are helpful in proving the financial losses you have suffered.
Where possible, we’ll seek to obtain interim compensation payments to help ensure the necessary care and rehabilitation can begin as soon as possible.

In most cases the majority of the compensation granted is for financial losses and these vary significantly (even for very similar injuries) depending upon the personal circumstances of the victim. For this reason, it is impossible to give an accurate prediction of the amount of compensation you may receive without knowing more about your situation.
We would ask you to be wary of websites which claim to be able to tell you how much compensation you will actually be awarded. It’s really not possible to do this.

The length of your claim is entirely dependent on the nature of your claim and the severity of the injuries sustained.
In straightforward cases, where there is no doubt about which individual or organisation was responsible for your injuries and there are no significant ongoing symptoms, your claim could be settled in a few months.
However, in more complex Clinical Negligence claims, particularly where there are arguments about whether treatment was negligent, it can take significantly longer.
Crucially, on any case we will need to investigate the full extent of your injuries, identify your future rehabilitation and support needs and all your future and past financial losses. This takes time.
What we can say is that we’ll push your claim forward so that a conclusion is reached as soon as reasonably possible, and we’ll provide realistic estimates as to when this is likely to be.
Even where it’s not feasible to resolve your claim quickly, we’ll try to obtain interim compensation payments to help ensure that the necessary care and rehabilitation can begin as soon as possible.

Making a complaint about an issue with your medical care can be a useful way in which to bring your concerns to the attention of the doctor or hospital who provided the relevant medical treatment.
You cannot, however, obtain compensation by making a complaint. Instead, your complaint will typically be dealt with by asking the medical staff concerned for their views. A response will then be sent to you based on this feedback.
For this reason, patients sometimes feel that responses to complaints are defensive. However, any such response can be used during a subsequent Clinical Negligence claim.
If you’re thinking about making a complaint, do so and don’t waste time. You have three years from the date you knew were injured to bring a claim at Court. Your case can be time barred if you don’t move quickly. Contact us if you are uncertain about this.