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

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Losing a family member or your partner can be a traumatic experience for everyone involved, and even more so when their death was unexpected and you have not had a chance to prepare yourself for the changes that will inevitably occur in your lives. If you have lost someone close as a result of hospital negligence than 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 than 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 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 a hospital negligence claim 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 making a claim for compensation, it will also provide you with useful information that should be of some help to you during this traumatic period in your life.

What is hospital negligence?

Fatal hospital negligence compensation guidelines have been put in place to help in that event that 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 be the result of 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 a number of forms, they can happen to anyone of any age and are not always linked to a pre-existing medical condition. Compensation amounts for fatal hospital negligence 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 as a result of hospital negligence then it is highly probable that making a compensation for death of 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, and 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 do 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 are able to.

Photographic evidence – Photographs of the scene of the incident if possible could help you 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 as well as driver details.

Receipts and documentation – It is a good idea to keep any receipts and documentation that relates 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 that you have received, medication or travel cost 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 fatal hospital negligence 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.

How to begin a hospital negligence resulting in death claim

We understand that losing a partner or family member as a result of 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 death claim case as uncomplicated as possible. We have a team of expert solicitors 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 so we can 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 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 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 as a result of 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 make a claim for them.

Medical Expenses – Losing a partner or family member due to medical negligence can be a traumatic experience that you may need counselling in order to come to terms with, in some cases this can take years. You should be able to claim for 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 death of a family member as a result of 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 can occur for a number of 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 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 of 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 claim for compensation. Please get in touch with us and we will talk you through whether you have a valid claim for compensation or not.

How much compensation will I get if my partner or a family member is involved in hospital negligence resulting in death?

A death compensation calculation is decided on a case by case basis so it is impossible for us to give you an accurate prediction of the possible amount of compensation that you might be entitled to as a result of a case of hospital negligence that has resulted in death. The specific details of your case, the impact that the death of your loved one has had on your family unit especially if there are children involved will all have a bearing on the outcome. There are fatal hospital negligence compensation calculators for death claims that you can take a look at online, and these will give you a rough idea of the amount that you may be entitled to however, you should look on the figures provided by a fatal hospital negligence claim calculator as a guide only.

We might not be able to give you an accurate figure but we should be able to provide you with some figures of average payout for medical negligence resulting in death compensation amounts for similar cases of fatal hospital negligence claims. The table below will provide you with some illustrations of some of the more common types of damages that might be claimed for as part of a hospital negligence resulting in death claim. If you have any questions about any of the information included in the table, perhaps there are some points you would like clarification on then please get in touch we will be happy to discuss them with you together with details of the average payout for hospital negligence resulting in death claims.

Reason for CompensationCommon Amount AwardedExplanation
Baseline Death Amount£12,500 - £300,000Unexpected death award bracket
Death preceded by unconsciousness following some brief period of the victim being aware.£8,000 - £10,650Severe injury, which leads to unconsciousness after 3 hours has passed, then death within 14 days.
Death (Unconsciousness)£6,400The victim will have lost consciousness immediately, and will have passed away within 6 weeks
Death (Unconsciousness)£1,050 - £2,125The victim will have become unconscious straight away, and death will have occurred within 7 days.
Death – Victim aware£15,950 - £18,100Severe injury, which victim will be fully aware of. Death will occur within 14 days.
Anguish (Mental)£3,550The victim’s expectation that they were going to lose their life, and the resulting fear of their own death.
Funeral expenses£3,000 - £10,000An estimate. Higher awards have been granted.
Damages (punitive)£1,000 - £275,000
Suffering & Pain£1,000 - £200,000
Loss of companionship, care and protection (dependents)£2,000 - £100,000
Loss of benefits£5,000 - £500,000Amount actually lost
Anticipated earning loss£10,000 - £400,000What the victim may have contributed to household income if they had lived.

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 then you should not have to struggle with finances in order to claim for the compensation you are entitled to. We understand that losing a loved one can be one of the most traumatic life events that you will ever face and for those people with a limited income the added financial burden of finding the money to undertake a claim for compensation can create 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 who is 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 who have 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 in order to achieve the best outcome for each and every client in respect of 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, making sure 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 and to start a claim

If you are worried about the claims process, perhaps you believe that it might be stressful or even complicated, don’t be. If you want to begin a claim for fatal hospital negligence compensation through us them 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. 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.

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.

Citizens Advice – Guide to NHS Action

Citizens Advice is a good place to start if you are looking for general advice on how to take legal action against the NHS in cases of clinical negligence, together with details of what the process involves and useful definitions.

No Win No Fee Claims Guide

This guide offers an insight into No win no fee claims and shows how they work, and where legal costs are paid from.