Clinical Negligence: How is compensation awarded

A realistic view on the value of the claim is only possible when there is medical evidence giving a prognosis for the injury and financial losses  have been calculated .

Damages broadly fall into three categories:

General damages

This is intended to compensate for pain, suffering and loss of amenity.  It is assessed on the basis of medical evidence on the extent, duration and impact of physical and psychological injury.  Guidance is given to the judiciary produced by the Judicial Studies Board and other cases (precedent).

Special damages

This includes the financial losses and expenses incurred as a result of the negligence such as travelling expenses and loss of earnings.  It may be possible to claim for any unpaid care or help received from others.  The employer may ask to reclaim sick pay  received in the absence from work as part of this claim.

even if the injured person has been paid earnings in full. There may be claims for private medical fees.

Future losses

There may be ongoing expenses and future losses for example an ongoing loss of earnings, care or a reduced pension.  There may be disadvantage on the open labour market as there are some jobs that can no longer be done.  Work which provided substantial employment may have been los.

Interest

The overall total also includes a small amount of interest on past losses and the award of general damages.