The settlement awarded from a medical negligence claim can vary depending on numerous factors. The most prominent factors are the pain and suffering incurred, and any financial losses that have occurred as the result of medical negligence. Here is a basic outline of the four different types of medical negligence.
General Damages
General damages claims are primarily there to compensate the victim for any pain and suffering incurred as a result of poor medical judgement. The claim is calculated by examining similar injuries from previous cases and seeking the guidance of the Judicial Studies Board if appropriate. Any settlement is calculated depending on the severity of the injuries and how the victim is coping with them. General damages need to be determined and agreed upon between parties or determined by the court. For this reason they are not quantifiable.
Special Damages
Damages that are quantifiable are known as special damages. They require proof of any medical bills incurred as the result of treatment. In a nutshell these damages are to compensate for any financial loss as a result of medical negligence and to cover any future expenses that you are unable to meet as a result of medical negligence. Factors that influence special damages include any expenses from medication, hospital bills or even alterations to your home.
Interim Damages
There are occasions when interim damages may be paid out. Any damages may be paid out before the case has come to conclusion – hence why they are referred to as interim damages. These damages are only applicable in cases that the main arguments have been decided and the claimant has won the case. If some form of financial hardship has occurred then some small degree of a settlement may be awarded prior to the larger amount being authorised. Interim payments are quite frequent in cases when it takes a long time for any settlement to be awarded.
Time Limits
There are time limits for making a medical negligence claim against a healthcare professional. Typically this is three years. This is typically calculated from the date the claimant became aware of the result of medical negligence.
These are just some of the different types of medical negligence claims that employees may be awarded in the event of an accident that could have been prevented in a medical environment. If you have suffered such an unfortunate incident then seeking professional legal advice is advised.