Compensation for medical misdiagnosis involves calculating a variety of costs and claiming damages to meet those costs. Judicial Guidelines are in place to provide a framework to determine the level of damages awarded for certain injuries in respect of pain, suffering and loss of amenity.
Most medical negligence claims will comprise of one or more of these types of damages:
General damages – are awarded as compensation for the direct effects of the negligence, where the defendant’s actions can be linked to the injuries sustained. These can include:
- Pain and suffering
- Physical injury, impairment, disability or disfigurement
- Mental pain and trauma
- Reduced quality of life
Special damages – are awarded to compensate for financial expenses that have been incurred as a direct result of the defendant’s action. These can include:
- Short and long-term medical expenses
- Travel costs
- Employment – loss of a specific career or job prospects, including loss of a pension or pension contributions
- Loss of income and earnings capacity
