An interesting case has been decided in the Court of Appeal that reinforces the fundamental principle that, when it comes to an award for damages, the Claimant is entitled to be put back into the position they would have been (as far as possible) had the negligence not occurred.

With celebrity endorsements and ever-growing social media influence, it is evident that an increase in cosmetic procedures has continued to…

In litigation, there will always be certain legal elements that a Claimant will need to prove in order to be successful in their claim. Specifically in clinical negligence claims, these elements can broadly speaking be separated into four categories: that a duty of care existed;
that the level of care provided fell below a reasonable standard; that the failure of care caused the Claimant to suffer the injury alleged; that this injury gives rise to pain, suffering, loss of amenity and any other financial loss (damages).

A person who has suffered medical negligence may experience a range of feelings such as, anger, frustration, disappointment, injustice, betrayal and regret. These feelings may change over time as you process what has happened. It is important to identify what you wish to achieve to make your actions count.

You don’t have to pay tax on clinical negligence compensation in the UK

Financial compensation awarded on a clinical negligence claim is intended, insofar as money can do so, to put the Claimant back in the position they would have been had the negligence never occurred. Damages can be awarded as a lump sum or, as is often the case with very severe injuries, as regular payments made over a period of time. Generally speaking, compensation for an injury and associated losses caused by negligent medical treatment is exempt from tax in the UK.