Calculating Medical Negligence Compensation.
If you’re successful in a medical negligence claim, you will be eligible for financial compensation from the medical practitioner’s or hospital’s mandatory medical negligence insurance.
This financial compensation / medical negligence compensation is designed to put you back in the position you would have been if competent medical treatment had been provided – reflecting the level of pain and loss suffered and not the nature of the negligent treatment. In calculating medical negligence compensation, the court considers: out-of-pocket expenses, loss of income and future earning capacity, pain and suffering, loss of enjoyment of life, required home alterations and the cost of care/domestic assistance.
Medical negligence compensation calculator
Calculating medical negligence compensation is not easy or an exact science. Be wary of websites claiming that offer medical negligence compensation calculators capable to determining if a successful claim can be made or the likely compensation amount. These ‘calculators’ are little more than tools to trap your information and sell them on to lawyers.
If you are considering a medical negligence claim, you should consider:
- There are monetary caps placed on medical negligence claims
- You may be eligible for government assistance and other support
- Only 3% of medical negligence cases progress to court
- Most Australian jurisdictions place injury thresholds to restrict medical negligence claims
- Claims can be made by dependants and estates where medical negligence has resulted in death
- The average payout figure for medical negligence in $60k, more than half paying out less than $10k, a quarter paying out $10-100k, 16% paying out $100-500k and the remaining 6% paying out $500k or more
- Compensation for “domestic assistance” (i.e. the value of the assistance provided by family and friends) is awarded irrespective of whether they were paid, but only in situation where there was a reasonable need for the services to be provided as a result of the injury and where the care was provided for 6 or more hours per week or more for 6 or more consecutive months
- You may be entitled to a superannuation fund disability insurance benefit
- Medical bills paid by Medicare and your private health insurer must be repaid out of any settlement received
- Any government benefits (e.g. Centrelink) received are required to be repaid if you receive compensation for your lost earnings or your inability to earn an income
For more information, see: Medical Negligence Compensation Calculator (YouTube)
© Medical Negligence Claim – Calculating Medical Negligence Compensation