How Much Compensation Can I Claim If A For Hospital Negligence Resulting In Death?

By Stephen Bishop. Last Updated 17th June 2022. In this guide, we focus on claiming on behalf of someone else for hospital negligence resulting in death. Losing a family member or your partner can be distressing no matter the situation. Though claiming may not be the first thing on your mind, sometimes compensation could help you financially if you were dependent on the deceased.

Suppose you have lost someone close as a result of hospital negligence. You will probably struggle to come to terms with not only the loss of that person but also any financial implications their death might have on your family. If you have found yourself in this terrible situation, then you might be entitled to claim for compensation, and whilst this will not make up for the loss of your loved one, it might help give you the financial assistance that you need to help you learn to adjust to a new way of life.

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A guide to hospital negligence resulting in death claims

The loss of a partner or family member, especially due to unexpected circumstances like hospital negligence, is a life-altering event that you can never be prepared for. The consequences of the death of a loved one can have a profound effect on your everyday life and even the future.

Learning to live without someone and possibly even raising children without the love and support of a partner can be traumatic and, in many cases, may lead to mental health issues. You cannot put a timeframe on how long it will take to recover from this kind of trauma. In some cases, people never really get over the loss; they just find ways to live with it. However, the changes to your life can appear overwhelming.

Hospital negligence resulting in death

Hospital negligence death

If you have lost a partner or a family member as a result of fatal hospital negligence cases, then you might be struggling to come to terms with your change of circumstances. You may feel that you want to pursue hospital negligence death claims for compensation, and this could go some way towards helping you process the trauma you have been through and get the help you need moving forwards.

Our guide to death claims as a result of hospital negligence will help walk you through the process of claiming compensation. It will also provide you with useful information that should be of some help to you during this traumatic period in your life. Call us anytime to discuss claiming hospital negligence resulting in death.

What is hospital negligence?

Fatal hospital negligence compensation guidelines have been put in place to help if a claim needs to be made. Claims usually occur as a result of a very serious injury or in the event of a death. This type of claim can result from a misdiagnosis of a medical condition, a delay in the diagnosis of a condition that might have been treated or even where there has been an error during a surgical procedure or as a result of incorrect treatment.

Hospital negligence comes in several forms. They can happen to anyone of any age and are not always linked to a pre-existing medical condition. Compensation amounts for hospital negligence death claims will vary from one case to another as no two sets of circumstances will be the same. These types of claims are sometimes referred to as clinical negligence or medical malpractice claims. Death by negligence cases are not that common, but unfortunately, they do happen.

What to do if a partner or family member is involved in hospital negligence resulting in death

If you have lost your partner or another family member due to hospital negligence, then it is highly probable that making compensation for the death of a family member claim will not be one of your immediate priorities. However, it is something that you might feel you want to pursue at a later date. With this in mind, it is important to make sure that you gather as much information as you can as soon as you can, then.

If you choose to make a claim, later on, you will have a lot of the information to hand and will not have to rely on people’s memories. The information that you should consider collecting is as follows:

Exact details of the events – It is important that you note down details of the events of the incidents that occurred whilst they are still as fresh as possible in your mind. If you are unable to do this yourself, then you should ask someone else to help you by taking notes. Sometimes, especially when you have been through an incredibly traumatic event, it can be hard to remember details exactly as they happened, so it is much better to write them down as soon as you can.

Photographic evidence – Photographs of the scene of the incident, if possible, could help your case, these might be photographs that support the reason why your loved one was not able to get immediate medical attention, or perhaps they relate to symptoms that you were concerned about but that were not acted upon promptly. These could be vital in evident in your claim for compensation. If you are unable to do this yourself, then ask someone to help you.

Driver and witness details – If your loved one was involved in a car accident that resulted in the need for medical attention, then it is important to get details of those people who were on the scene, including any witnesses. These details should include information about any other vehicles involved; make, model and number plate, and driver details. The same applies for emergency services vehicle accidents.

Receipts and documentation – It is a good idea to keep any receipts and documentation related to money you have had to pay out as a result of the loss caused by the loss of your loved one. These might relate to treatments such as counselling you have received, medication or travel costs you have incurred. If, as a result of the tragic loss of your partner or family member, you have been unable to work, you may be able to claim for loss of future earnings. If the partner or family member was responsible for childcare in your family, then you may also have incurred costs for a childminder or some other form of childcare.

If you have any questions relating to the type of documentation that you should keep that might help with your hospital negligence claim, then please contact us. Our expert team will be happy to discuss with you the types of documentation that could help to support your claim.

Is there a time limit for hospital negligence resulting in death claims?

We understand that in the days and weeks that follow the loss of your loved your main concern will be coping with the catastrophic changes in your life, and this is especially true if there are children involved. Beginning hospital negligence death claims is, of course, the last thing you will want to think about.

Whilst it is always best to start a claim as soon as possible whilst the details are fresh in everyone’s minds, the time frame for making your claim is three years from the date when the incident that resulted in the death of your loved one took place.

It is always a good idea to discuss your case with a firm of experts as soon as you feel able. They will be able to give you the best advice for your circumstances after hospital negligence resulting in death.

How to begin a hospital negligence resulting in death claim

We understand that losing a partner or family member due to hospital negligence can be a very traumatic ordeal which is why we are here to help make every step of your hospital negligence resulting in a death claim case as uncomplicated as possible. We have a panel of expert solicitors which we work with who have had many years of experience dealing with NHS negligence claims for death; they will be happy to talk you through the process.

We will start by asking you some questions about your case, making notes of the details to give you our best advice. We will do this as part of our free no-obligation consultation.

As part of this free consultation, we will take the time to talk you through the process of our No Win No Fee service. During the consultation, you will be offered the chance to ask us any questions that you might have, and if you think of more questions later on, we will be on hand to answer them.

If, as part of your claim, a medical is requested, then we will be happy to arrange a convenient local appointment for you.

What can be claimed for after hospital negligence resulting in death?

For the majority of compensation claims for fatal hospital negligence compensation, examples of the types of compensation you can claim for include:

General Damages – The costs that take into account the trauma and suffering that has been caused by the loss of a partner or family member as a result of death due to medical negligence

Care Claim – If you have lost a partner or a close family member due to a death caused by negligence, you may find it necessary to have some extra help in the home. If this has been the case, then a claim can be made by the person who has helped you out. They should be able to submit a care claim.

Loss of Earnings – Not only will this cost take into account any actual loss of earnings that there might have been but also the loss of any potential future earnings as well.

Travel Expenses – Perhaps you have incurred additional costs for travel to and from appointments. These might have been for counselling or even medical appointments to do with your claims. These are out of pocket expenses, and you should be able to claim them.

Medical Expenses – Losing a partner or family member due to medical negligence can be a traumatic experience that you may need counselling to come to terms with. In some cases, this can take years. You should be able to claim these costs.

Funeral Expenses – Paying for a funeral can be expensive. If you have had to find the money to pay for a funeral and the associated costs as a result of a death that was caused by hospital negligence, then you should be able to claim compensation for these costs.

Bereavement Damages – This is payable in some cases for specific categories of claimants. The amount is fixed by law but is reviewed from time to time.

If you are not sure what you will be able to include in your claim for the death of a family member as a result of a hospital negligence claim, then please contact us. We are on hand to answer any questions that you might have regarding your claim.

The most common types of hospital negligence

Hospital negligence resulting in death can occur for several reasons, and with patients of any age. Whilst cases will vary, the following list gives an idea of some fatal hospital negligence examples:

  • If there is a delay in referring a patient to the hospital for further treatment when they have presented with an acute condition, for example, brain haemorrhage, pulmonary embolism of heart attack
  • When there is a delay in the diagnosis of meningitis, sepsis or some other form of acute infection
  • Where a failure to provide a patient with emergency surgery or care due to delays has taken place even though they have presented with acute symptoms
  • Mistakes that happen whilst the patient is on the operating table, for example, damage to internal organs that might be difficult to repair the perforation
  • Devastating drug prescription errors
  • Stillbirth or maternal death due to complications during a birth
  • Delayed diagnosis of cancer or another illness that could have been treated with earlier medical intervention
  • If the patient was not fully advised of all the risks involved with a particular course of treatment before it was undertaken

Regardless of the reason that the death of your loved one occurred, if the fault lies with someone else, then you may have a compensation claim. Please get in touch with us, and we will talk you through whether you have a valid compensation claim or not.

Medical Negligence Statistics

Hospital compensation claims can arise from a number of medical scenarios across the country each year. The NHS keeps track of the costs involved in these claims and releases a yearly report called the Annual Resolution report. The report for 2020/21 shows that medical negligence claims made against them cost the NHS around £2,209 million. You can see how these figures were broken down in the graph below.

Whilst not all of these costs will have been accrued due to death by hospital negligence, the statistics serve as an illustration of how often medical negligence claims may be made.

Medical negligence statistics graph

Medical negligence statistics graph

It is important to be aware of the fact that the above statistics do not take into account claims made against private healthcare companies. However, this does not mean that you cannot make a claim against them. If a medical professional has caused the death of a loved one due to negligence, it doesn’t matter whether they work for the NHS or a privately owned facility. You still have the right to compensation.

What is the average payout for medical negligence resulting in death?

Death compensation calculations in the UK vary on a case-by-case basis. It’s therefore not possible to provide an estimate on how much compensation for death by medical negligence is provided on average to successful claimants.

However, in England and Wales, the 16th edition of the Judicial College Guidelines (JCG), published in 2022, can provide some insight by providing compensation brackets for a range of injuries, illnesses and conditions that may be covered in a medical negligence claim. You can find some examples of these brackets in the table below:

Injury TypeCompensation BracketNotes
Quadriplegia£324,600 to £403,990
Bracket depending on awareness of disability, extent of pain, and life expectancy.
Paraplegia£219,070 to £284,260
Consideration given to extent of pain, psychological impact, any reduction in life expectancy.
Very Severe Brain Damage (a)£282,010 to £403,990Little meaningful response to environment, and a need for full time care.
Fatal Injuries (c)£3,760 to £4,390Immediate unconsciousness following injury, with death ocurring after six weeks.
Fatal Injuries (d)£1,370 to £2,790Immediate unconsciousness following injury, with death occuring within one week.
Mental Anguish (e)£4670Fear of impending death or reduction in expectation of life.

The figures provided are not guarantees. For a free estimation of how much you could receive for death as a result of medical negligence, contact our advisors today.

No Win No Fee hospital negligence resulting in death claims

We provide our legal service to all our clients on a No Win No Fee basis; we firmly believe that if you were not at fault, you should not have to struggle with finances to claim the compensation you are entitled to. We understand that losing a loved one can be one of the most traumatic life events you will ever face.

For those people with a limited income, the added financial burden of finding the money to undertake a claim for compensation can create a severe strain on your finances. With a No Win No Fee claim, if we are unable to secure a compensation payout for you, then you will not need to pay a single penny. This can offer peace of mind to anyone concerned about beginning a compensation claim.

If you would like to discuss the No Win No Fee claims procedure in detail, then please get in touch with us. We will be happy to explain what the process involves and exactly how it works. We want you to feel secure during this distressing time, knowing that you will not need to concern yourself with finding the money to pay fees to a solicitor.

Why choose us as your claims service for your fatal hospital negligence claim?

We are a company that has been operating in the field of compensation claims for many years, and we have been successful in helping our clients to claim millions of pounds in compensation for a diverse range of claim types. We consider that the service we offer to our clients is the best there is, and we are sure that our many hundreds of former clients would concur with us. We will always strive to work hard on every claim we undertake to achieve the best outcome for every client regarding their claim.

Our team of experts are all professionals with years of experience dealing with compensation claims that deal with cases of medical negligence. They will always work hard on your claims, ensuring that you are treated with care and respect in these incredibly stressful and traumatic circumstances. We believe it is important to keep you informed at every stage of your claim and will make sure that any new developments are discussed with you before we proceed further.

We take great pride in paying special attention to detail in all our cases, and whilst you cannot truly put a price on how much compensation for death is appropriate, we are dedicated to helping you to achieve the maximum compensation claim payout that we can get for your case.

Call for free advice on death by medical negligence payouts in the UK

If you are worried about the claims process, perhaps you believe it might be stressful or even complicated. But don’t be. If you want to begin a claim for hospital negligence resulting in death, contact us on 0800 073 8804. Our team of experienced professional staff are waiting to discuss any concerns and answer any questions that you might have about the service that we offer, including the No Win No Fee claims process.

As a Claims Management Company, we can begin with a free no-obligation consultation regarding your compensation for death by medical negligence claim and then discuss the next steps in your compensation claim. Why not give us a call and let us help you take that first step. Or contact us online.

Useful links

NHS Bereavement Guide

This page on the NHS website contains invaluable information about many aspects of bereavement, from coping with the loss of a parent to helping children with the grieving process.

NHS Resolution

Visit the NHS Resolution website to find out the role they may play in your claim.

If you’d like to read up a bit more about medical negligence, check out our guides below:

Hospital Negligence Resulting In Death FAQs

What is death by negligence?

A negligent death is one where somebody receives a liability charge for an injury that causes somebody else’s death. But there must be clear evidence that negligence by the defendant was the primary cause. And their actions or lack thereof greatly contributed to the death.

Who normally pays for a wrongful death lawsuit?

If a settlement is agreed upon, the defendant’s insurance provider generally covers the payment. However, they do have a limit on how much they can cover from a financial standpoint. Should a settlement go beyond this, the defendant has to cover the settlement payout themselves.

So, how does a wrongful death lawsuit work?

A wrongful death lawsuit comes about after a death due to the negligence of a defendant. This sees the victim’s relatives or representatives sue the defendant by claiming the death was avoidable only for their actions. Sometimes, those who own the victim’s estate will file the claim.

And how long does it normally take to settle a wrongful death lawsuit?

This depends on the circumstances and the evidence of liability by the defendant. Sometimes, a settlement could be reached within a few months. Often, though, it can take between 1-4 years for a final agreement. And in extreme cases, the case may last even longer.

How much compensation for death as a result of medical negligence could I receive?

Contact our advisors today to receive a UK death compensation calculation, and to learn more about how much compensation for death you could receive following a successful claim.

We hope that reading our guide, which talks about claiming for a wrongful death due to medical negligence, has been useful to you. If you would like to ask an advisor questions related to this topic, then you can contact Legal Helpline for more help.

Our advisors can provide information on potential queries such as how to claim for death by negligence compensation against the NHS when you have evidence to support such legal action. You can reach our advisors using the contact details found in this guide.