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While most doctors and other healthcare professionals want to give the very best care they can to their patients mistakes can happen. In the majority of cases, despite an increasing openness in the doctor/patient relationship, patients are usually unaware a mistake has been made as they cause no harm.
However, occasionally mistakes are made that lead to physical and / or mental injury or distress. This could be due to misdiagnosis, mistreatment, botched operations or poor aftercare. It can result in serious injury or illness and when this happens the patient is rightfully entitled to receive compensation for medical negligence.
Some patients are reluctant to bring a medical negligence claim against their doctor, surgeon or other healthcare provider - especially if it is their GP with whom they have a close relationship - but it should be remembered that all medical staff are covered by liability insurance, so any fears should not stop them claiming what is rightfully theirs. Suing the NHS or a doctor will not directly financially hurt the individual in question.
Making a medical negligence compensation claim is not a simple process, that's why it is always a good idea to seek out the services of a qualified medical negligence solicitors with experience of handling such cases. Once you have found a representative you are both comfortable with and confident in, the question then becomes - how much compensation can you expect to receive?
The amount of medical negligence compensation a victim will receive is going to depend on a number of factors. The most obvious one is the amount of suffering they have endured, whether that is mental or physical. A severe disability is going to lead to more compensation than a period of depression, for example.
But it also depends on the seriousness of the mistake. A case in which a GP misdiagnoses cancer as something less serious leading to the patient not being treated in time would lead to a higher pay out than, for example, a mistake made by a surgeon during an operation that leads to a few additional weeks of after care.
Of course, compensation payouts is not a science and it is usually at the discretion of a judge as to how much is paid. Medical negligence compensation can range from a few thousand pounds to several million.
Examples of the largest claims successfully brought include five million pounds to a boy who was left brain damaged after having heart surgery after birth, while 6.4 million was awarded to a boy who suffered brain damage due to medical negligence during his birth.
In contrast, a patient who had a fracture missed by an Accident & Emergency department was awarded a comparatively low £10,000.
It really does depend on the severity and nature of the mistake and the consequent suffering. An experienced legal adviser will be able to give a patient guidance on the likelihood of success and the potential compensation that could be awarded.
Ben Greenwood is writing on behalf of Pearson Hinchliffe, medical negligence solicitors experts in medical negligence compensation.
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