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Paralysis Due To Medical Negligence – How Much Compensation Can I Claim?

By Daniel Skinner. Updated 14th June 2024. Whilst much research and training is involved in the medical industry, nothing is 100% infallible, and sometimes things go wrong. If you are in the devastating position of having been left paralysed due to medical negligence, you may be entitled to claim compensation.

Below, we take an in-depth look at making a medical negligence claim for paralysis, explaining how our specialist solicitors can help you get the compensation and justice you deserve.

If you’d like to speak with us now to get a free case check, please call us on 0800 073 8804 or message us now via our live chat box

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What Is Paralysis?

Paralysis, by definition, involves the loss of the ability to utilise certain muscles. This could lead to loss of function within the body, or loss of feeling. Usually, paralysis is not something that is caused by issues with the muscles concerned, but by nerve or spinal cord issues which restrict the ‘messages’ from the brain to the affected area.

What types of paralysis are there?

There are a number of different ‘types’ of paralysis:

  • Localised – This is paralysis within a specific portion of the body, such as the foot, or the face
  • Generalised – This is the most severe form, whereupon a large area is affected
  • These terms can then be broken down into the medical terminology below:
  • Tetraplegia – This is paralysis of both the arms and the legs
  • Monoplegia – One part of the body (a limb) is paralysed
  • Paraplegia – Sometimes involving paralysis of the pelvis, affecting both legs and the lower body
  • Hemiplegia – One side of the body (one arm and one leg) are paralysed

Whatever type of paralysis you have, the effects can be devastating, and if the reason for paralysis of your face, hand, foot or anywhere else is due to negligent medical treatment, whether as an NHS or private patient, you may be able to claim for damages against the medical institution that treated you.

How Much Compensation Will I Get For Paralysis?

When it comes to the level of compensation you will receive for your paralysis caused by medical negligence, it is important to understand that awards differ wildly depending on the level of severity of your case. The prognosis and amount of care you will need are also taken into account when your claim is assessed.

If you make a successful medical negligence claim, you will be awarded general and special damages. General damages are awarded to cover for the pain and suffering caused by the medical negligence, whereas special damages cover your financial losses. When working out an amount for general damages, medical evidence and possibly the guidelines from the Judicial College (JCG) will be used in conjunction. The JCG list guideline compensation brackets, some of which you can see in the table below.

If your specific problem is not included within the table below, or you are not sure which bracket would apply to your case, then our team will be happy to talk you through the table, explaining in further detail what each part covers.

Compensation Table

Please note that this table has been included for guidance purposes only. The first entry was not taken from the JCG.

InjurySeverityAmount
Multiple Instances of Very Severe Harm along with Significant Special DamagesVery Severe Up to £1,000,000
ParalysisQuadriplegia (a)£396,140 to £493,000
Paraplegia (b)£267,340 to £346,890
Injuries involving Brain DamageVery Severe (a)£44,150 to £493,000
Moderately Severe (b)£267,340 to £344,150
Back InjuriesSevere (a)(i)£111,150 to £196,450
Severe (a)(ii)£90,510 to £107,910
Neck InjuriesSevere (a)(i)In The region of £181,020
Severe (a)(ii)£80,240 to £159,770

Can I Claim Special Damages In A Medical Negligence Claim?

  • Home modifications – If you are unable to use your home as it stands with the injuries you have suffered, then it may become necessary to adapt your home so that you can continue to live in it. If your home cannot be modified, you may require a new home. Submissions for damages relating to this can be included within your claim.
  • Modified vehicle – Similarly to your home, if it is possible for you to drive in an adapted car after your paralysis, then paralysis med neg claims can cover costs to modify your vehicle, or for you to purchase a modified vehicle could be included.
  • Care claim – If you require home care as a result of your paralysis, then a claim for the cost of that care can be submitted by the person that provides that care.
  • Damages (General) – This portion of your claim covers the suffering and pain you have had to endure
  • Loss of earnings – if you are unable to work as a result of your paralysis, then it is likely that a claim for loss of earnings will be submitted
  • Travel and Medical Expenses – The cost of treatment, both initial and ongoing, along with transport costs required for getting you to appointments may also be included in your claim.

What Are The Criteria For Paralysis Medical Negligence Claims?

Medical professionals, no matter their level of training or experience, have a duty of care to all patients they care for. This care needs to meet the correct standard expected of their role. Failing to uphold this standard can result in patients experiencing avoidable harm.

We’ll provide some more detailed examples further on in the guide, the general medical negligence criteria are as follows:

  1.  A medical professional owed you a duty of care.
  2. They failed to uphold this duty by providing medical care that did not meet the correct standard.
  3. This failure caused you avoidable harm.

For a free assessment of your eligibility to begin a paralysis medical negligence claim, contact our advisors today.

Can I Claim Compensation On Behalf Of A Family Member?

If you have a family member or loved on that has suffered paralysis due to a medical negligence incident then they may not be able to make the claim themselves. If this is the case, then you can make a claim on their behalf so that they get the financial support and care they need. You can also make a claim for a child under 18 if you are a guardian or parent.

How Do I Prove Medical Negligence Caused Paralysis?

If you are the victim of paralysis that has been caused by medical negligence, then it is important for you or your advocate to collect as much evidence as you can to support any claim for some compensation. This may include:

  • Medical Evidence – A copy of your medical notes, any documentation such as prescriptions and treatment details.
  • Expenses – It is essential to keep any proof of costs incurred as a direct result of your injury, such as loss of earnings, prescription charges, physiotherapy bills, travel costs for appointments and more.
  • Photograph Evidence – It would be prudent for you to collate any photographic evidence where possible. Photographs of any visible injuries may help to strengthen your case further.
  • Witness Details – If anyone has witnessed the medical negligence that led to your paralysis, then it is important to try and get their contact details, should a witness statement be required.
  • Notes of the incident – It is an extremely good idea to write down everything that has happened. Sometimes, after the event, things become forgotten or unclear so it is best to write things down while they are fresh in your mind.

It is important to understand that there is a medical negligence claims time limit, which is usually set as within 3 years after the incident occurred. The vast majority of cases that have passed this time frame will not be heard, however, if you were a child when the negligence occurred, and your parents or guardians did not submit a claim, you may be able to claim yourself within three years of your 18th birthday. There are also some exceptions to the three year rule, so don’t hesitate to get in touch to find out whether your case may meet the guidelines for a later claim.

What Can I Be Compensated For In My Paralysis Medical Negligence Claim?

Just like many other personal injury claims, medical negligence claims for paralysis may include the following submissions:

If you would like to know more about what costs you may be able to claim for along with any exclusions, our team will be happy to speak to you to clarify any points you may be unclear on.

What Are The Causes Of Paralysis Medical Negligence?

Paralysis not only changes the life of the person who has been paralysed, but it also affects their family. There are many changes that will have to be made to the victim’s home, care needs, and they may require anything from a rehabilitation centre to permanent live-in care. Losing the use of any part of your body can be absolutely devastating, but proving that it is down to the negligence of medical staff is vital if a claim is to be successful.

The most common reasons for paralysis caused by medical negligence examples are as follows:

  • Failure to diagnose a spinal tumour
  • Surgical error
  • Failure to diagnose other conditions that could cause or worsen paralysis

 

Make A No Win No Fee Medical Negligence Claim

We believe that a person’s financial situation should have no bearing on the legal representation they can get, and their ability to seek compensation for medical negligence causing paralysis. This is why we operate a No Win No Fee policy, ensuring that even the least well off patients can start to make a claim without paying any money in legal fees upfront.

While you may have been approached by solicitors, or approached them yourself, who charge by the hour, we feel that the No Win No Fee paralysis compensation service we offer allows you to benefit from not only legal representative of a high standard but allows you to be sure that the solicitor is working as hard as possible to secure you the maximum award for compensation for your paralysis. After all, if your case is not successful, there will be no legal fees for you to pay, so we will only take on cases we feel have a good chance of securing compensation for your injuries.

If for any reason we feel that your specific case would likely not result in a compensation award, we will be honest and upfront enough to tell you, and we will ensure we explain the reasons why in plain English so that you are fully informed about the process and why we think your claim may be unsuccessful.

If you’d like to know more about our No Win No Fee service, then our experienced team will be only too happy to explain the details to you. We pride ourselves on our clear explanation of the terms of our service so you will be clear on how everything works.

Why Work With Legal Expert?

Whatever the reason for your medical negligence paralysis claim, we pride ourselves on our experience and know our medical negligence solicitors will try their hardest to secure the highest possible paralysis med neg compensation award for your injuries. Having dealt with paralysis claims before, we have all the information and research into similar cases to draw together the strongest case possible for you, allowing you to benefit from our years of experience and attention to detail.

This gives you the very best chance of securing medical negligence payouts that will go some way towards helping with future costs associated with your injury. And, whilst we know nothing can ever compensate for paralysis completely, we will work hard to ensure that you are in receipt of the highest amount of general damages possible in order to go some way towards lessening the blow. If you have been paralysed, compensation claims can help you live a better life than you would be able to afford to without taking action.

We also pride ourselves on our discretion. We will keep all personal details confidential and will keep your feelings in mind every step along the way. We will not treat you like a number, we will treat you like a human being, ensuring you are well-informed and educated on every aspect of your claim.

Call for advice and to start a claim

Whether a loved one has been dealt the blow of paralysis caused by medical negligence, or it is you yourself that is dealing with this difficult circumstance, do not hesitate to get in touch with our team.

Whether you want to start a claim, or would like some more information on our service or what we can do for you, calling 0800 073 8804 will connect you to a friendly, helpful and sympathetic member of our team who will do all they can to answer any questions you may have and help you begin a claim for the compensation you deserve.

Helpful Links

Citizens Advice on NHS negligence

Citizens Advice Bureau have put together a guide covering NHS medical negligence, advising on how to go about taking legal action if you have been left paralysed due to negligence.

NHS – Paralysis

This link directs you to the NHS’ page on Paralysis, with definitions of the different types of paralysis, how it can be caused and what treatments, if any, may be appropriate.

Medical negligence claims guide

Our guide on medical negligence explains in further detail about making medical negligence UK law claims, along with providing actionable advice on what to do if you’ve suffered an injury because of medical negligence.

NHS complaints page

The NHS’ complaints page details all you need to know about how to make a complaint about the treatment you have received while under NHS care.

Further Helpful Guides

This guide helps you understand how to seek compensation following a fatal accident involving a family member or a loved one.

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    • Patrick Mallon legal expert author

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.

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