The NHS is a treasured national institution most of us will make use of throughout our lives. For most people, the standards are extremely high and their treatment will progress without issue. However, when things do go wrong, the consequences can be quite serious. So, we’ve made this NHS compensation payouts guide to examine what was paid out for medical negligence claims across multiple areas of practice.
Key Takeaways
- Every medical professional working within the NHS must provide the correct standards of medical care to their patients.
- NHS claims are processed by NHS Resolution. This is a division of the Department of Health Social Care that was set up to deal with disputes and complaints within the health service.
- NHS Resolution publish annual figures on what claims have been made and the compensation that has been paid out.
- Our solicitors offer their services on a strictly No Win No Fee basis under terms that give the advantage firmly to claimants.
- We operate a 24/7 advice line so if you have further questions, or want a free eligibility assessment, you can reach us at a time that suits you.
Get in touch with our team today via the contact information given below:
- Call us on 0330 123 0546.
- Start your claim online.
Select A Section
- NHS Compensation Payouts Guide
- Calculating The Value Of An NHS Medical Negligence Claim
- Who Will Pay For NHS Clinical Negligence Compensation?
- How Can I Start A NHS Medical Negligence Compensation Claim?
- Can I Claim Against The NHS On A No Win No Fee Basis?
- Learn More
NHS Compensation Payouts Guide
As part of our NHS compensation payouts guide, we have used the NHS Resolution Annual Statistics to show what damages have been paid out across each area of medical practice. We should emphasise that figures represent the total damages figures paid out across the entire NHS last year (the year runs from 1st April to 31st March). To find out more about claiming in your specific circumstances, talk to our advisors today.
Obstetrics
Obstetrics figures are split between cases involving cerebral palsy and other brain damage (CP/BD), and those that do not. Across 2023/24, NHS Resolution paid out:
- £716,563,876 for CP/BD cases.
- £92,686,096 in obstetrics cases not involving brain damage.
This means a total figure of £809,249,972 was paid out last year across all obstetrics cases.
Paediatrics
Successful claims for negligence in paediatric medicine resulted in a total payout figure of £129,629,985.
Emergency Medicine
Damages across emergency medicine claims were £141,768,927. This represents the second highest damages total paid out last year across all departments after obstetrics.
Surgical Compensation Amounts
Surgery is divided into 3 main categories: orthopaedic, general and neurosurgery. The damages figures are as follows:
- Orthopaedic Surgery: £80,973,861.
- General Surgery: £48,391,585.
- Neurosurgery: £47,125,423.
This represents a total payout for all claims across the 3 surgical departments of £176,490,869 in the year 2023/24.
General Medicine
General medicine is the medical specialism that is primarily concerned with the diagnosis, treatment (non-surgical) and management of a wide range of adult diseases and long term conditions.
Total damages paid by NHS Resolution in general medicine cases were £27,536,823.
Gynaecology
£38,918,751 was paid out in damages in successful gynaecology claims.
Radiology
Across all radiology claims, damages of £45,872,653 were paid out last year.
Neurology
Neurology claims across 2023/24 totalled compensation of £30,373,283 to successful claimants.
Psychiatry / Mental Health
Damages in claims for psychiatry and mental health services negligence came to £26,536,325.
Ophthalmology
£30,856,036 was paid out to claimants in successful ophthalmology claims.
Cardiology
Claims regarding cardiology departments saw total damages of £15,201,195 paid out last year.
Ambulance
Ambulance-related claims resulted in £9,396,349 worth of damages.
Gastroenterology
Gastroenterology claims against the NHS led to compensation totalling £15,345,168.
Urology
Urology claims resulted in £15,182,191.
Other
Miscellaneous and other claims that don’t fit neatly into a single department resulted in £272,392,468 being paid out in compensation last year.
Damages across all departments within the NHS, including “other claims,” totalled £1.78 billion in the year 2023/24. This figure only includes the damages paid to claimant, not the legal costs incurred by claimants or the NHS.
You can find out more about how compensation is calculated, as well as get a free eligibility assessment by talking to our advisors today.
Calculating The Value Of An NHS Medical Negligence Claim
Calculating the value of an NHS medical negligence claim is done by referring to any relevant medical evidence alongside the Judicial College Guidelines (JCG). The publication sets out guideline compensation brackets for various types of harm, which solicitors can then use to help determine a ballpark figure for this part of your claim.
There are a number of different factors that influence how compensation amounts are calculated. A few of which have been summarised here:
- What harm was caused and its severity.
- The overall recovery time.
- Impacts on your day-to-day life and ability to carry out your usual activities.
- Associated financial losses.
- Psychological impacts.
Compensation figures are determined under the relevant heads of claim. The physical and psychological harm is compensated under general damages, whereas financial losses are compensated under special damages, which we will discuss below.
What Can Special Damages Cover For Medical Negligence?
Special damages payments can be made for financial losses stemming from the harm caused by the substandard care. It is worth mentioning that as special damages account for both past and future losses. Very often, compensation payouts under this head of claim are much higher than corresponding payouts for general damages.
Examples of costs you could receive compensation for include:
- Loss of earnings, including any loss of future earnings, if you need to be off work or take reduced hours due to the harm caused.
- Medical expenses such as private treatment, prescriptions, physiotherapy and mental health support.
- Domestic care including assistance with preparing meals, cleaning and maintenance, looking after dependants and washing yourself if you cannot do these tasks safely on your own.
- Transport expenses if you are unable to, or have been advised by doctors not to, drive to and from work or appointments.
- Any home modifications you need to cope with the harm caused such as ramps, an accessible shower, stairlifts or alarm systems.
Make sure you hold onto any documents such as payslips, receipts, travel tickets and care bills as evidence of any losses.
How Can Interim Payments Help Me After Medical Negligence?
Interim payments can be made to a claimant if it seems likely that compensation will be awarded but there are immediate costs that the claimant cannot afford.
As an example, if you were unable to work for a number of weeks due to errors during your knee surgery, therefore losing pay and being unable to afford your next mortgage payment, the judge could order an interim payment. This means that a small amount of compensation is paid “in the interim” to cover these costs. Any interim payments are later deducted from the final settlement figure.
We hope this NHS compensation payouts guide has provided useful information on how damages payouts in medical negligence claims are determined. To get a better idea of what your specific claim could be worth, or for a free eligibility assessment, get in touch with our team today using the details provided below.
Who Will Pay For NHS Clinical Negligence Compensation?
NHS Resolution will pay the clinical negligence compensation in successful claims against NHS hospitals, clinics and service providers. Were you to claim against a private healthcare provider however, the process you follow will depend on the company’s own internal policies and insurance.
No matter who your healthcare provider was, it’s still highly recommended that you seek appropriate legal advice before committing to any action.
I’m Worried About Claiming Against The NHS
We understand that you might have concerns about making an NHS claim. Something our advisors are often asked is whether or not making a medical negligence claim will impact the hospital, or affect your own future healthcare.
While an understandable worry, we want to reassure you that there is no detrimental impact on health services from making a claim, nor will your own future healthcare be impacted. The NHS Resolution budget is entirely separate from that allocated to the provision of medical care.
How Can I Start A NHS Medical Negligence Compensation Claim?
You can start a NHS medical negligence compensation claim by talking to our advisors for a free eligibility assessment. Medical professionals working in the NHS have a duty of care to their patients to provide medical care that meets the correct standards. If there is a failure to meet these standards that causes avoidable harm to the patient, then medical negligence is said to have occurred.
In summary then, the eligibility criteria to claim against the NHS for negligence are:
- You were owed a duty of care by a medical professional.
- This duty was breached in some way.
- The breach caused you to suffer avoidable harm.
Avoidable harm refers to any harm that would not have occurred had the medical professional maintained the treatment standards expected of them.
Is There a Time Limit To Make A Claim?
In most cases, yes, there is a time limit. Generally, this is 3 years as per the Limitation Act 1980, but it can be counted from 2 different dates:
- The date of incidence: this when the avoidable harm actually occurred.
- The date of knowledge: in some cases, it may not be apparent straight away what harm has been caused so the date of knowledge refers to when a person would be first reasonably expected to connect the harm caused with the standard of care received.
Now, the 3 year limit is disapplied if the patient was a minor at the time, or lacks the mental capacity to claim themselves. Children must wait until they are 18 to claim for themselves, while those who lack sufficient mental capacity will have the time limit frozen completely.
In order to get any potential legal action underway as soon as possible, a litigation friend may be appointed. Any adult who meets the suitability requirements may apply to be a litigation friend and direct legal proceedings on behalf of somebody who cannot claim for themselves.
You can learn more about the time limits, check if any exceptions are applicable to your claim or get a free eligibility assessment by speaking to our advisors today.
Can I Claim Against The NHS On A No Win No Fee Basis?
You could claim against the NHS on a No Win No Fee basis if you meet the eligibility requirements. Our solicitors have years of experience and take the time to understand your unique circumstances.
No two claims are quite the same and we can offer a range of services and support to fit your needs best. Here are just some of the services we can provide:
- Referring you to relevant medical specialists or therapy and counselling services to ensure you get the rehabilitation, treatment or support you require.
- Helping you gather supporting evidence for the claim.
- Calculating a potential compensation figure, including any loss of earnings and other incurred costs.
- Corresponding with the defendants on your behalf and keeping you informed of all developments.
- Explaining all the legal jargon and making sure you understand what is happening with your claim.
- Negotiating a settlement figure with the defendant’s representatives and attending any dispute resolution sessions as required.
- Instructing a suitable barrister if the claim requires a court hearing.
Our solicitors can offer their services under a No Win No Fee contract called a Conditional Fee Agreement (CFA). The CFA protects claimants from having to pay solicitor fees both at the start of and during the claims process. You will also not be paying such fees if the claim fails.
The only charge the solicitor will bring for their services is their success fee, if the claim is won. The Conditional Fee Agreements Order 2013 caps these fees at 25% so most of whatever is paid out is yours to keep.
Contact Our Advisors
Our advisory team is available 24 hours a day, so any time that is convenient for you is convenient for us. We can provide free advice, address any queries or concerns you might have and assess your eligibility to claim for free. Get in touch with our team today via the contact information given below:
- Call us on 0330 123 0546.
- Complete our claim online form.
Learn More
You can see some of our medical negligence claims guides here:
- Learn more about making a bowel surgery negligence claim here.
- Find out if you could make a delayed diagnosis claim with this guide.
- Check if our dedicated solicitors could help you make a fatal medical negligence claim today.
We have also included a few additional resources you may find helpful:
- Read the advice for claimants from NHS Resolution.
- The General Medical Council (GMC) set the standards for good medical practice for all doctors in the UK.
- You can read advice on getting surgery and aftercare on the NHS website.
We’d like to thank you for taking the time to read our NHS compensation payouts guide. For free advice, further information or to find out if you could make a claim in your particular circumstances, talk to our advisors today.