The amount of compensation you could receive for medical negligence depends on the facts of your case. There is no fixed amount for every claim because compensation is usually based on the injury suffered, the impact on your life and any financial losses caused by the negligence.

A claim may include compensation for pain, suffering and loss of amenity, as well as financial losses such as lost earnings, treatment costs, travel expenses, care costs and future losses.

At P.A. Duffy & Co Solicitors, our experienced solicitors advise clients in Belfast, Dungannon and across Northern Ireland on medical negligence compensation advice and how the value of a claim may be assessed.

How Is Medical Negligence Compensation Calculated?

Medical negligence compensation is usually assessed by looking at the harm caused by the negligent treatment and the losses that followed.

The value of a claim may depend on:

• The type of injury or illness
• The severity of the injury
• The length of recovery
• Whether symptoms are temporary or permanent
• The impact on work and earnings
• The need for further treatment
• Care or support needs
• Travel, medication or treatment costs
• Psychological impact
• Future loss or long-term needs

Every case is different. A solicitor can advise what evidence may be needed before the claim can be valued properly.

What Are General Damages?

General damages are compensation for the injury itself and the impact it has had on your life. This may include pain, suffering, loss of amenity, reduced mobility, loss of independence, psychological distress and the effect on hobbies, family life or daily activities.

The value of general damages depends on the medical evidence and the seriousness of the injury.

Independent medical expert evidence is often needed to understand the extent of the injury, the likely recovery period and any long-term impact.

What Are Special Damages?

Special damages are financial losses caused by the negligence. These losses should be supported by evidence where possible.

Examples may include:

• Loss of earnings
• Future loss of earnings
• Care costs
• Treatment costs
• Medication costs
• Travel expenses
• Parking costs
• Private medical costs
• Equipment or mobility aids
• Home adaptations
• Help with household tasks
• Rehabilitation costs

Receipts, payslips, invoices and employment records can help support this part of the claim.

Can I Claim for Loss of Earnings?

You may be able to claim for loss of earnings if medical negligence caused you to take time off work, reduce your hours, change role or stop working.

Evidence may include payslips, tax records, employer letters, sick notes and details of your usual earnings before and after the injury.

If the injury affects your ability to work in the future, future loss of earnings may also need to be considered.

Can I Claim for Care and Support?

A claim may include care and support needs caused by medical negligence. This may include paid care, help from family members, assistance with personal care, household tasks, transport, childcare or daily activities.

Even if care was provided by family members rather than paid carers, it may still be relevant to the claim.

A solicitor can advise what evidence may be needed to show the level of support required.

Can Future Losses Be Included?

Yes. Future losses may be included where medical negligence has caused long-term or permanent effects.

Future losses may include ongoing treatment, future care, loss of earning capacity, rehabilitation, equipment, home adaptations or other long-term needs.

Future loss claims often require detailed medical evidence, expert evidence and financial evidence before they can be valued properly.

Does the Type of Medical Negligence Affect Compensation?

The type of negligence can affect the evidence needed, but the value of the claim depends mainly on the harm caused and the losses suffered.

For example, delays in diagnosis, wrong or missed diagnosis, surgical negligence, birth injury compensation claims, dental treatment negligence or care home negligence cases may all lead to different types of injury and different levels of loss.

The important question is what avoidable harm was caused by the negligence and how that harm affected your life.

Can I Get an Exact Compensation Figure at the Start?

It is usually not possible to give an exact compensation figure at the very beginning of a medical negligence claim. The full value often cannot be assessed until medical records have been reviewed and expert evidence has been obtained.

In some cases, it may also be necessary to wait until there is a clearer medical prognosis before valuing the claim.

A solicitor can provide guidance as the evidence develops and advise whether any settlement offer is reasonable.

Should I Accept an Early Settlement Offer?

You should be cautious about accepting an early settlement offer before the full impact of the injury is understood.

If a claim settles too early, it may not fully account for future treatment, ongoing symptoms, lost earnings, care needs or long-term effects.

A solicitor can advise whether an offer reflects the evidence and whether further medical or financial evidence is needed before settlement.

What Evidence Helps Value a Medical Negligence Claim?

Evidence may include:

• Medical records
• Independent medical expert reports
• Details of symptoms and recovery
• Photographs of injuries or scarring
• Employment records
• Payslips
• Receipts and invoices
• Care records
• Travel records
• Evidence of treatment costs
• Witness statements
• Details of how daily life has been affected

The stronger and clearer the evidence is, the easier it may be to assess the value of the claim.

How Can a Solicitor Help With Compensation?

A solicitor can help identify what losses may be included, gather supporting evidence, obtain medical expert reports and calculate the value of the claim.

They can also negotiate with the healthcare provider, insurer or relevant body and advise whether any settlement offer is reasonable.

Medical negligence compensation can be complex, especially where there are long-term injuries or future losses, so early legal advice can help protect your position.