Compensation for Clinical Negligence

 

When a claimant is successful in a claim for clinical negligence, compensation is awarded to the claimant. Compensation is often referred to in law as damages.

If a claimant is successful with their claim for clinical negligence, compensation should be discussed by both parties. They should try to agree on the amount the claimant is to receive. If the parties cannot agree on an amount, the judge will have to make the final decision.

When assessing the amount of clinical negligence compensation a claimant is to receive, judges must consider the two types of damages. The first is entitled 'General damages', and the second is entitled 'Special damages'.

General damages

This is made up of compensation for the pain and suffering the claimant has suffered due to the negligent treatment. It also takes into account the effect the injuries have had on the claimant's everyday life. When assessing the amount to award, the judge will have regard to the amount awarded in previous cases of a similar nature.

Special damages

This is made up of the claimant's financial losses. It covers both past and future losses. It might include things like a loss of employment. Documentary evidence must be provided in support of these claims.

The assessment of clinical negligence compensation involves considering the normal rules on remoteness of damages. This rule states that damages cannot be claimed for losses that cannot reasonably be claimed to have arisen due to the injuries suffered.

If you would like to obtain legal advice and information on bringing or defending a clinical negligence claim, Caven can put you in touch with a local specialist Negligence Solicitor free of charge. So, if you have any questions or would like our help in finding local Negligence Solicitors please call us on 08001 221 2299 or complete the web-form above.

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