How UK clinical negligence claims are valued
In Britain, clinical negligence claims against NHS trusts or private medical providers evaluate General Damages for pain, suffering and loss of amenity, combined with Special Damages for ongoing care, therapies, and lost earnings.
Proving medical negligence requires satisfying the Bolam test: demonstrating that medical treatment fell below the standard of a reasonably competent healthcare professional.
Worked example: Surgical complication claim
A patient suffering moderate nerve damage from surgical error with £8,000 in past lost earnings, £25,000 in future lost career capacity, and £5,000 in private therapy costs receives general damages of £43,000 (midpoint of £16,000 to £70,000 JCG bracket) plus £38,000 in special damages, totalling £81,000.
Inputs for the medical negligence claim calculator
Negligence Category
The clinical discipline involved (surgical error, misdiagnosis, or birth injury).
Clinical Severity
Prognosis and degree of long-term disability or impairment.
Past Lost Earnings
Actual earnings lost during medical treatment and corrective procedures.
Future Lost Earnings
Projected career earnings lost due to reduced working capacity.
Private Care Costs
Cost of private consultations, nursing assistance, and physical therapy.
Home Adaptations
Mobility aids, wheelchair ramps, and accessible vehicle modifications.
CALCULATOR QUESTIONS
Medical negligence claim calculator questions
Does compensation come out of NHS hospital treatment budgets?
No. All NHS clinical negligence claims in England are managed and paid by NHS Resolution through a dedicated national indemnity pool.
How long do I have to make a clinical negligence claim in the UK?
Under the Limitation Act 1980, you have three years from the date the negligence occurred or three years from when you first realized treatment was substandard.