Medical negligence compensation claims – a few facts

Medical negligence compensation is a hotly-debated topic. On the one hand, we have a stretched and underfunded public health service that could do without legal cases eating up millions of taxpayers’ pounds in pay-outs and legal fees, but on the other hand, we have the victims.

One of the major problems with medical negligence claims is that they’re often complex to run. Unlike a road accident where someone hits the back of another driver and it’s usually obvious who is at fault, in a medical negligence claim, it can be far harder to determine whether any negligence has occurred. The case often requires in-depth investigations and an expert lawyer representing you for the case; both of which costs money.

The impact on the victim

Until you’re in that situation where you’ve been left with lifelong complications and suffering caused by medical negligence, it can be hard to see the issues through the eyes of the people who claim damages. The last thing you should see it as, however, is a “money-grabbing” exercise.

Usually people are left very poorly and impaired after a medical negligence, so claiming is vital. I say this not only as someone with experience in the legal profession, but also with more than one personal and serious first-hand account of it happening to relatives.

• Claiming for the pain, suffering and loss of amenity is only right
• Claiming for lost earnings from time off work when you have bills to pay and mouths to feed is only right
• Claiming for treatment and travel costs is only right

The victim has been wronged and has suffered personally and financially. It’s only right that they are compensated for what they have gone through and what they have lost when the incident was entirely preventable and should never have happened in the first place.

Victims’ rights to claim

A very small proportion of the NHS budget is set aside for legal claims. It’s there for people to claim the money owed to them if they become a victim of medical negligence. They’re at a loss that should never have happened, and it’s only fair for them to be compensated.

All a victim is doing is claiming the damages they’re legally entitled to. There are insurance schemes in place for surgeons and other medical professionals, so the money is coming from allocated funds.

What about legal fees?

Lawyers have to be paid for the work they do. To keep legal fees down, defendants in any action are encouraged to accept liability early where there is a genuine case to answer for. Accepting liability early, not only keep costs down, bit it means a claim can be settled amicably, fairly and with the minimum of expense.

The problem arises when cases are needlessly defended.

It should never be a case of “could we try and defend this claim?” It should always be a case of accepting liability where a genuine error has occurred. We’re only human, and mistakes do happen. Holding our hands up and saying sorry is the right thing to do.

Where cases are defended for years, there will likely be huge legal expenses involved. Court fees alone can run in to the thousands, as will barrister fees, medical expert fees, and other costs. A huge proportion won’t even end up in the pockets of the law firm – it will be spent on proving the case.

What about the proportion of compensation to fees?

When you see sensationalist headlines suggesting a claimant is awarded a couple of thousand, and lawyers are netting a hundred thousand in fees, it’s not always as black and white as it seems.

The amount the claim is worth is exclusively down to the impact of the suffering and loss. It has nothing to do with the legal fees at all. If someone breaks an arm, they could recover around £2,500.00, but if they lose their legs, the pay-out can be in the millions. There should be absolutely no correlation whatsoever between the legal fees and the amount the claimant can recover.

The amount of legal fees comes down to the course of the case. Accept fault early in a simple claim and fees are limited; drag it out for five years and through several court hearings, and it’ll cost a fortune.

Ultimately, it’s up to you

If you have suffered from medical negligence, it’s ultimately down to you as to what you do. There is money there to claim from for genuine incidents of negligence, and you have fair legal rights. Whatever you do though, make the choice on facts; not fear.

Don’t avoid claiming because of the stories you have heard – learn about the process and whether it’s the right thing for you to do.