By Jo Martinez. Last Updated 14th June 2023. 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.
Jump to a Section
- A guide to hospital negligence resulting in death claims
- Eligibility Criteria When Claiming Hospital Negligence Compensation
- Death Compensation Calculation – Do I Need Evidence?
- Time Limits For Hospital Negligence Resulting In Death Claims
- How to begin a hospital negligence resulting in death claim
- The most common types of hospital negligence
- How Much Compensation For Medical Negligence Resulting In Death?
- No Win No Fee hospital negligence resulting in death claims
- Call for free advice on death by medical negligence payouts in the UK
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.
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.
If your loved one has been fatally harmed due to medical negligence in a hospital, you may be eligible to make a fatal injury claim. However, you must prove that the fatal injury was caused by a medical professional breaching their duty of care. Together, this is classed as negligence.
All medical professionals owe a duty of care when treating their patients, regardless of whether they work in the public or private healthcare sector. Per their duty of care, they must ensure that they provide the correct standard of care.
If a loved one were to be fatally harmed due to hospital negligence, compensation could be awarded for the pain and suffering they experienced prior to their death and for how the death has impacted the deceased’s dependents. Later in this guide, we will discuss who is eligible to make a fatal injury claim on behalf of the deceased and who qualifies as a dependent.
If you would like to see if you could be eligible to receive a payout for medical negligence that resulted in the death of a loved one, you can contact our friendly team of advisors. They are on hand to help you 24 hours a day, 7 days a week.
When making a claim for medical negligence resulting in death, you need to present evidence that the death was caused by the negligence of another. Here are some examples of the evidence you can present:
- Medical records – Details pertaining to your loved one’s treatment will be contained within these official documents. Certain family members, such as surviving spouses, will have to right to request these records.
- Witness statements – You may have been present during a consultation where vital information, such as risks involved in a procedure, was omitted or withheld. If so, you could submit a written version of what you experienced.
If you have any questions, including “what is the average payout for medical negligence resulting in death?” reach out to our advisors today for free guidance.
If your loved one passed away due to neglect in hospital, you may be wondering how long you have to start a claim. Generally, if you wish to claim compensation for hospital negligence that caused the death of a loved one, you must begin your claim within three years. This starts on the date of death.
However, it’s important to note that only the estate of the deceased can begin a claim within the first six months following the death. Following this, if the estate did not claim on behalf of the dependents, then the dependents can begin their own claim.
To learn more about claiming medical negligence compensation following the wrongful death of a loved one, contact our team today.
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.
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.
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.
Under the Law Reform Miscellaneous Provisions Act 1934, the estate can make a claim on behalf of the deceased for the pain and suffering they experienced prior to their death and for any costs that they incurred.
A claim could also be made on the part of the deceased for the financial consequences of their injuries. For cases of medical negligence causing death, this could include care costs or home adaptations.
You may be wondering if there is an average payout for medical negligence resulting in death. Every claim is different and the circumstances that affect how much you could receive can vary from case to case. For example, the level of suffering experienced by the deceased prior to their death could affect the amount awarded.
To show how much compensation for medical negligence resulting in death could be awarded in a successful claim, we’ve included this table. It provides various compensation amounts for injuries that could arise from medical negligence causing a wrongful death. These figures come from the Judicial College Guidelines (JCG), which legal professionals can use to help them value fatal accident claims. The JCG was last updated in 2022.
The figures shown are not guaranteed, as every claim is different.
|Injury Type||Compensation Bracket||Notes|
|Death plus claim add ons||Up to £550,000 and over||Awards considered the pain and suffering experienced by the deceased as well as losses affecting dependents.|
|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 £403,990||Little meaningful response to environment, and a need for full time care.|
|Very Severe Psychological Damage||£54,830 to £115,730||In this bracket, the claimant is unable to cope with life and relationships.|
|Death - Full Awareness||£12,540 to £23,810||The claimant will have full awareness for a short period and then fluctuating consciousness lasting 4-5 weeks with intrusive treatment before passing within 3 months.|
Medical Negligence Payouts – Special Damages
As we stated previously, medical negligence payouts may include compensation for the deceased’s pain and suffering. However, the Fatal Accidents Act 1976 allows for certain eligible parties to claim special damages as well as a bereavement award. If you ask ‘what is the average payout for medical negligence?’, this may not be very helpful because each claim is different. In this section we explore what factors could affect the average payout for medical negligence resulting in death.
The Fatal Accidents Act allows dependants of the deceased to claim for:
- Funeral costs.
- Loss of services. For example, if you need to hire outside help, such as for childcare, because the deceased did this service in the past.
- The impact that the loss of the deceased’s income had.
- Loss of consortium, or loss of a special person. This covers companionship and the impact on the family relationships.
Under the Act, a dependent includes:
- The deceased’s current or former spouse or civil partner.
- A person who lived with the deceased as a spouse for at least two years prior to their passing.
- Parents, stepparents or another person who the deceased treated as a parent.
- The children or the stepchildren of the deceased from a current or former relationship if the deceased treated them as if they were their children.
- Siblings, aunt, uncles or cousins.
In addition, certain eligible relatives may be able to claim a bereavement award. This is set at £15,120 and if more than one relative claims, it will be split amongst them.
Call our advisors to further discuss death by medical negligence payouts in the UK.
What Is The Average Payout For Medical Negligence?
A payout for medical negligence is not a set amount. Every case is different, and your settlement will be affected by various factors.
The severity of the injury caused by medical negligence is often a factor that influences how much a claim can be worth. For instance, the level of the deceased’s suffering and awareness before they pass is taken into account.
These factors are why we cannot provide the average payout for medical negligence. Reach out to our advisors today to find out how much a fatal claim could be worth.
If your loved one died due to hospital neglect and you would like to claim on their behalf, you could have the support of a No Win No Fee lawyer. They could provide their services under a Conditional Fee Agreement (CFA). This is a type of No Win No Fee arrangement.
A No Win No Fee lawyer typically doesn’t ask for payment for their services upfront. They usually don’t ask for payment towards ongoing fees either. If your lawyer is successful, they take a success fee from the hospital negligence compensation that has been awarded. The amount they can take is capped by the CFA. If your lawyer isn’t successful, they typically won’t ask for payment for their services.
If you have any questions or would like to know how much compensation for the death of a loved one could potentially be awarded, get in touch with our advisors. The advice they give is free. In addition, they could assess whether you are eligible to make a claim on behalf of a deceased loved one. If it seems like you are eligible, you could be connected to one of the lawyers from our panel. Our lawyers typically offer their services under No Win No Fee arrangements.
To speak to an advisor:
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.
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:
- Medical negligence claims
- Doctor prescribed the wrong dosage of medication
- Care home prescription error claims
- Claim compensation for being given the wrong medication in a care home
- Claim compensation for care home negligence
- Medical misdiagnosis claims
- Cancer misdiagnosis claims
- How do I sue the NHS for a misdiagnosis?
- Pharmacy wrong medication claims
- Wrong medication compensation claims
- How to sue a pharmacy for giving me the wrong prescription
- Dental negligence claims
- Dental negligence compensation calculator
- Claim compensation for a wrongful death caused by medical negligence
- Birth injury and obstetrics negligence claims
- GP negligence claims
- Hospital acquired infection claims
- Orthopaedic negligence claims
- Pressure sores compensation claims
- Hand amputation compensation claims
- Needle-stick injury or illness claims
- Cosmetic surgery negligence claims
- Hospital negligence compensation claims
- Walk-in centre medical negligence claims
- Paralysis injury claims
- Botox injury claims
- Average Payout For Cancer Misdiagnosis Claims
- Fatal Accident At Work Claims
- Hand Injury Claims
- Ankle Injury Claims
- How To Claim For Head And Neck Cancer Misdiagnosis
- How To Claim For A Leukaemia Misdiagnosis
- Claiming compensation for Gynaecologist Negligence
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.