How compensation amounts be calculated in a medical negligence claim?

Each medical negligence case is unique, and no two cases are exactly alike, 

making it difficult to estimate the amount of compensation a patient might receive from a successful claim. The primary aim of compensation is to financially restore the claimant to the position they would have been in had the medical negligence not occurred.

When determining compensation amounts in medical negligence claims, the court considers the following factors arising from the negligence:

1. Financial Expenses: This includes expenses already incurred due to the negligence.
2. Future Financial Expenses: Projected expenses that are expected to arise in the future.
3. Pain and Suffering: Compensation for the physical pain and mental suffering endured.
4. Financial and Income Loss: Loss of earnings and any other financial impact resulting from the negligence.
5. Interest on Legal and Income Losses: Interest on expenses and income losses incurred from the initiation of the lawsuit.
6. In cases where a medical negligence claim is successful, the court may also award costs in favor of the patient, including: （1）Legal Fees: Costs associated with hiring a lawyer. （2）Litigation Costs: Costs related to the litigation process, such as expert fees, court fees, expenses for obtaining medical records, and other related expenses.

For Non-Fatal Medical Negligence Claims:

1. Compensation for Pain, Suffering, and Loss of Enjoyment of Life: In determining this type of compensation, the court will consider the claimant's age, past and present health conditions, duration of hospitalization, the number and type of surgeries or treatments, and the severity of physical and psychological trauma. The court may also refer to similar cases to gauge the appropriate compensation amount.
2. Loss of Income: When determining compensation for lost income, the court will evaluate the claimant’s age, the duration of convalescence and hospitalization due to the negligence, and the income earned before and after the negligence incident.
3. Other Special Damages: Claimants are entitled to compensation for reasonable expenses incurred due to the negligence, such as hospital stays, private doctor consultations, nutritional supplements, and transportation costs. Additional damages may be claimed for specific needs, such as expenses for specialized rehabilitation equipment or private nursing care.
4. Interest on the Above Compensation: Interest accrued on the calculated damages.
5. Claimant’s Legal Costs: Legal costs incurred by the claimant.

For Fatal Medical Negligence Claims:

1. Bereavement Compensation: Currently, the statutory amount for bereavement compensation is HKD 231,000.
2. Loss of Dependency: Compensation for the loss suffered by dependents of the deceased (such as the deceased’s children, spouse, and parents) due to the loss of financial or emotional support. This compensation is calculated based on the family’s actual expenditures and income and considers the dependents' ages.
3. Loss of Estate Accumulation: When assessing this compensation, the court will consider the value of the deceased’s assets at the time of death and the value of assets that would have been accumulated if the deceased had not experienced medical negligence and had died naturally. The court will also consider any savings plan the deceased had already implemented or could have implemented.
4. Loss of Services: The court will evaluate whether the deceased had contributed to household duties, such as cooking and child care. If dependents have suffered financial losses due to the deceased's inability to fulfill these duties, they may be compensated. The court will consider whether hiring a domestic worker to perform these duties is necessary and the costs associated with such a hire.
5. Interest on the Above Compensation: Interest accrued on the calculated damages.
6. Claimant’s Legal Costs