How Successful Are Medical Negligence Claims?

Medical negligence compensation claims will be successful depending on many factors. Statistics show that 15,078 claims were made against the NHS during 2021-22, and a settlement was reached for 13,070 of them. This translates to 86.7% of all claims being successful.

However, medical negligence claims aren't solely taken up against the NHS. All health practitioners, including cosmetic surgeons, dentists, and private clinics, can be found negligent. So if one considers the total number of claims across all bodies, the number of successful settlements will undoubtedly be lower.

What factors determine whether a medical negligence claim will be successful?

To claim compensation, a person must be able to prove that their injury or medical condition was caused or worsened due to negligent medical treatment. Gathering evidence such as medical records, photographs of the injury or illness, and a detailed patient statement will create the basis for the claim.

Family members and friends may also be called upon to provide statements to support a person's claim. Your lawyer will instruct independent medical experts to submit a report on your treatment and condition and whether it amounts to negligence.

Medical experts will be called upon in the vast majority of cases. This is because you need an independent medical professional to support what you are trying to prove. The medical expert will be required to give their opinion regarding the treatment you received and whether they would consider it negligent. They will also be asked to provide their opinion on whether or not that negligence caused or contributed to your condition and how long it may take to recover.

To ensure the best chance of making a successful claim, the injured party should collect as much information as possible and provide as many details as they can from the very first point where they suspected the treatment they received was substandard and the consequences. Keeping records of treatments, conversations, appointments, waiting times, advice received, and medicines prescribed will help ensure you are able to provide substantive evidence to support the claim.

Keeping track of any expenses, such as invoices and receipts, that you have incurred due to the negligent treatment will also help a judge assess how much your claim is worth. Such expenses might include the following;

• Loss of earnings
• Private treatment/ therapy costs
• Travel expenses for medical appointments
• Any specialist equipment you've had to purchase, such as a wheelchair
• Any specialist adjustments you've had to make to your home

By keeping accurate and extensive records, you have a far better chance of your claim being settled successfully. A lack of proof will make it very difficult for the case to go through.

What is the average payout for a medical negligence claim?

Medical negligence compensation settlements vary widely because the nature of claims and their resulting injuries or illnesses can differ hugely from one case to the next. The severity of the negligence and the amount of suffering caused as a result will determine the settlement figure, which could range from around £1,000 up to over £1 million. THe worse an outcome someone suffers, the higher the payout will be. The better the recovery, the lower the payout would be.

Here to help

At Dean Wilson, we understand how challenging and upsetting the process of submitting a medical negligence claim can be. If you feel as though you have received substandard medical care and have suffered as a result, we can help ensure you get the compensation you deserve. Read more about our service, or contact our team of award-winning expert solicitors who can walk you through the process. We can help you initiate the claim, connect you with medical experts and help ensure you get the right kind of rehabilitation and care.