insideKENT Magazine Issue 73 - April 2018 | Page 158

LAW
COMPENSATION AND NEGLIGENCE
EXPLAINED
COMPENSATION CLAIMS.... PEOPLE HAVE A LOT TO SAY ABOUT THEM, BE THEY
MEDICAL NEGLIGENCE, PERSONAL INJURY OR ANOTHER TYPE. THERE IS A STIGMA
AROUND THEM. HOWEVER, THE BURDEN OF PROOF ON A CLAIMANT IS HIGH
AND REPUTABLE LEGAL ADVISORS ARE WELL VERSED IN SNIFFING OUT
FRAUDULENT CLAIMS AND REFUSE THEM, LEAVING GENUINE CLAIMANTS THE
OPPORTUNITY TO SEEK REDRESS FOR SOMETHING THAT HAS HAPPENED TO
THEM THAT IS NOT THEIR FAULT. SO, WHAT IS A CLAIM AND WHAT IS THE POINT?
It is important to understand that the
compensation someone receives has a
purpose. The main aim for any claim is to try
and put the claimant back into, or as near as
possible to, the position they were in prior to
the incident in question.
For example, if you have suffered loss of
earnings, or have had remedial treatment or
other care, compensation is available to
reimburse you for this. The large value payouts
you hear of are usually for catastrophically
injured claimants who need funds to provide
lifelong care.
How is compensation worked out?
Compensation is split into two categories:
general damages and special damages.
General damages relate to compensation for
your pain, suffering and loss of amenity. The
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court produced guidelines for these sums, and
though no one claim fits nicely into a bracket
(after all, we are all individuals and the injury
affects each person differently), it is a good
starting point to figure out what a claim is
worth as this is the tool that the courts will
use, together with past case law.
Generally, these damages are not particularly
substantial and the bigger awards you read
about are special damages. Special damages
particularly compensate out-of-pocket
expenses, such as loss of earnings, treatment
costs, care, accommodation adaptations etc.
Again, one person’s needs may differ from
another person’s because of individual
circumstance, response to treatment etc., and
therefore values can differ despite similar
injuries suffered. An experienced solicitor can
help distinguish these nuances and make sure
that compensation is tailored and right for an
individual.
What is medical negligence?
Medical negligence, or clinical negligence are
the terms relating to unreasonable medical
treatment or care that has led to injury, pain
and/or suffering over and above that which
yo u would have in any event. This includes
all kinds of medical treatment across all the
areas in which you are treated for your health,
from Accident & Emergency (A&E) or Minor
Injury Unit (MIU), GP treatment, through to
surgical procedures, aftercare and birthing
injuries to give a few examples. Nobody likes
to think badly of the NHS. They do a great job.
However, as with all walks of life, sometimes
mistakes are made and those mistakes can
have a catastrophic effect on a person. The
aim of a medical negligence claim is to obtain
monies to financially assist with any of the
additional care and treatment you may require
so as to live your life as close as possible to
how you did before.