Calculating compensation in medical negligence claim

Morning MEDtalks with Dr K K Aggarwal

New Delhi, August 11th, 2018 :

How is compensation calculated in a medical negligence claim?

The General Principle of English Law: Compensation is broadly divided into two categories, general damages (representing physical and psychological injuries) and special damages (representing financial losses).

General Damages: Physical and psychological injuries are valued based on guidelines in a book called the Judicial College Guidelines.

Tetraplegia £284,610 to £354,260
Severe psychiatric injury generally £48,080 to £101,470
Complete loss of sight in one eye £43,200 to £48,080
Female infertility £15,750 to £32,210
Severe bowel injury £39,090 to £61,140
Above knee amputation of one leg £91,910 to £120,530
Moderate chronic regional pain syndrome £24,580 to £46,040
Loss of or serious damage to two front teeth £7,650 to £10,010
Significant facial scarring £7,990 to £26,380

Special Damages: This represents financial losses incurred as a result of the negligence.

Loss of earnings: Lost wages as a result of an injury may be recovered. As can other earnings such as bonuses and salary increases.
Care and assistance: If someone looked after you (e.g. help with bathing, getting dressed, etc.), or carried out your chores/duties (e.g. cleaning, shopping, looking after children, etc.), as a result of an injury. Also, if you require professional care as a result of your injuries.
Accommodation and adaptation costs: If your injury means you need a new property or adaptations to your existing property
Travel expenses: Mileage and parking costs (e.g. going to medical appointments).
Treatment costs: If you require treatment these costs may be recovered on a private basis, even if you would not have had paid for private treatment yourself.
Medication costs: Medication costs may be recovered. Also, the costs of medical aids, such as prostheses, may be recovered.
Funeral costs
Miscellaneous costs: Any other financial losses incurred. For example: the cost of a holiday which you were unable to go on, or cancelled theatre tickets.

Past and future financial losses may be recovered if you are permanently unable to work, or require care for the rest of your life, or require regular future treatment.

Supreme Court fines PIL with Rs 25000/-

Reepak Kansal vs Union of India, Writ Petition (Civil) No. 826/2018 filed for demanding a direction to the Centre as well as the States to formulate a policy or issue guidelines for doctors and hospitals conducting Cesarean deliveries.

The petition alleged flagrant violations and abuse of health norms due to the lack of such policy, claiming that several private hospitals and maternity homes often conduct unnecessary C-sections.

The three-Judge Bench of the Hon’ble Supreme Court of India has simply dismissed the said petitioner vide order dated 03.08.2018 saying that the said petition is an attempt to abuse the process of the Court. And a cost of Rs. 25,000/- has been imposed on the petitioner.

Video to watch: What are the normal CRP levels? https://www.youtube.com/watch?v=NdxJliwBqHQ