The loss of a loved one can be devastating, especially when it occurs due to medical negligence. If you believe a family member’s death was caused by substandard care from a healthcare professional or medical facility, you may be eligible to make a wrongful death claim. This guide explains how to claim for a death by medical negligence and provides all the essential information you might need, from what compensation can potentially cover to the steps involved in the process.
We work with a panel of specialist solicitors who can support you through the claims process. They understand how emotionally and financially draining these cases can be, which is why they always tailor their services to support the individual needs of those affected by the passing of a loved one.
Key Takeaways From This Guide:
- Deaths caused by negligent GPs, other healthcare professionals, or hospitals can be the basis for a valid claim.
- Claims must generally be started within 3 years of someone’s death or the date of knowledge that substandard care was the cause.
- Qualifying dependants can claim for the impact a loved one’s death has had on them.
- Claimants may also receive a bereavement award, which is a statutory payment of £15,120.
- Eligible dependants might be able to make a fatal medical negligence claim on a No Win No Fee basis.
If you’re ready to see if you can claim or would like more information about the process itself, please contact our advisory team today for 24/7 tailored guidance and support:
- Call 0333 0000 729
- Fill out our ‘Contact Us‘ form.
- Message an advisor through live chat.
Jump To A Section
- Death By Medical Negligence Compensation Claims
- Examples Of Negligence That May Lead To Wrongful Death
- Who Is Entitled To Sue For A Fatality After Medical Negligence?
- How Much Wrongful Death Compensation Could Be Awarded?
- Do I Have To Make A Death By Medical Negligence Claim Within A Set Time Limit?
- What Do I Need To Support My Wrongful Death Claim?
- How A No Win No Fee Solicitor Can Help My Claim For Fatal Medical Negligence
- More Information
Death By Medical Negligence Compensation Claims
In order to make death by medical negligence compensation claims, it must be shown that a family member’s passing was directly caused by substandard care. All healthcare professionals, including doctors, nurses, surgeons, and paramedics, owe a duty of care to their patients. In short, it requires them to provide a level of care that meets the correct standard expected of them. That duty extends to facilities as well, meaning institutions like hospitals and GP practices have the same obligations towards their patients.
It includes the responsibility to:
- Diagnose illnesses accurately and promptly.
- Administer the right treatment.
- Monitor the patient’s condition.
- Respond to emergencies with appropriate action.
- Keep accurate medical records.
- Refer patients to specialists when required.
When this duty is not upheld, and substandard medical care causes or significantly contributes to a patient’s death, the surviving family may be entitled to bring a medical negligence death claim. In short, that means to claim, it will need to be proven that:
- The deceased was owed a duty of care.
- That duty was breached through negligent treatment or omission.
- The breach caused or significantly contributed to the death.
Speak with our team members today to see if you have grounds for a death by medical negligence claim. A free initial consultation is available.
Examples Of Negligence That May Lead To Wrongful Death
Below are some examples of how medical negligence can potentially occur and result in a fatal outcome:
- Poor Infection Control in Hospital Settings: Staff at a hospital fail to routinely wash their hands or change gloves between patients. As a result, a vulnerable patient contracts a serious hospital-acquired infection. Despite exhibiting clear symptoms of MRSA, the infection is not promptly identified or treated, leading to the patient’s death. In this case, the hospital’s failure to follow appropriate hygiene protocols breached the duty of care owed to the patient.
- Cancer Misdiagnosis by a GP: A patient visits their GP multiple times over several months with symptoms such as unexplained weight loss, persistent fatigue, and blood in their stool. Instead of referring the patient for further tests or to a specialist, the GP prescribes medication for irritable bowel syndrome (IBS). The patient is later diagnosed with advanced bowel cancer, too late for effective treatment. Here, the GP’s failure to act on clear red flags ultimately contributed to the patient’s death.
- Surgical Error During Emergency Surgery: During emergency surgery to treat a perforated bowel, a surgeon punctures a major artery but fails to recognise the error before closing. Post-operatively, the patient shows signs of internal bleeding, but nursing staff do not escalate concerns. The patient goes into cardiac arrest and dies. In this scenario, both the surgeon and the post-operative care team may have breached their duty by failing to provide appropriate treatment or respond to signs of deterioration.
- Incorrect Medication Administered in a Care Setting: A nurse in a hospital misreads a drug chart and administers 10 times the intended dose of insulin to a diabetic patient. Subsequently, the patient experiences a severe hypoglycaemic episode and, despite warning signs, is not treated in time to prevent brain damage and death. The administration of the wrong dosage and failure to intervene reflect multiple breaches in professional standards.
In each of these examples, medical negligence caused or contributed to a preventable death. These are not just unfortunate outcomes; they represent a failure on the part of healthcare professionals to fulfil their obligations towards patients.
If your loved one died in similar circumstances, please don’t hesitate to share your experience with our trained advisors. They can help assess your case in full confidence and explain the options for claiming compensation.
Who Is Entitled To Sue For A Fatality After Medical Negligence?
Any individual may be entitled to sue for a fatality after medical negligence if the case meets the eligibility criteria discussed earlier in this article. Under the Law Reform (Miscellaneous Provisions) Act 1934 (LRMPA), the deceased’s estate is the only party entitled to bring a compensation claim within the first 6 months after someone’s date of death. Such claims focus on the pain, suffering, and financial loss experienced by the deceased before they passed away.
The estate may also bring a claim on behalf of eligible relatives. Typically, the personal representative of the estate will be the individual who initiates this type of claim. If the estate doesn’t take action on their behalf within the initial 6-month window, then certain qualifying family members, known as dependants, can bring a claim in their own right under the Fatal Accidents Act 1976 (FAA). These claims relate specifically to the impact the death has had on the loved ones of the deceased.
The FAA defines dependants as:
- A spouse or civil partner (current or former).
- A person who lived with the deceased as if they were spouses for at least 2 years immediately prior to the death.
- A parent, grandparent, or other individual who was treated as a parent (such as a step-parent).
- A child, grandchild, or any person treated as a child of the deceased (including stepchildren from previous relationships).
- Siblings, uncles, aunts, or their children.
It is important to understand that dependants cannot claim for the pain, suffering, or financial losses experienced by the deceased. Instead, dependants may seek compensation for a loss of financial dependency, services, and emotional harm. We’ll explain what these are in the next section.
If you have any questions about qualifying as a dependant and who might be eligible to make a fatal claim, our advisors are here to help answer them. Contact them at any time for free and friendly advice tailored to your situation.
How Much Wrongful Death Compensation Could Be Awarded?
The amount of wrongful death compensation that can be awarded may depend on 2 key categories: Statutory bereavement and dependency claims. Each case involving death by medical negligence is assessed individually based on its particular circumstances.
Bereavement Award
The statutory bereavement award is set at £15,120 in England and Wales. This amount was established by the Damages for Bereavement (Variation of Sum) (England and Wales) Order 2020 and can be awarded to:
- A surviving spouse or civil partner.
- The deceased’s parents (if the deceased was an unmarried child under 18). If the child’s parents were unmarried, then only the mother would be eligible for the bereavement award.
- Someone who cohabited as a spouse for 2 years before the deceased passed away.
If more than one person claims, then the bereavement award will be split between the qualifying relatives.
Dependency Claims
Dependency claims enable qualifying family members to seek compensation for how their loved one’s passing has impacted them. Under Section 3 of the Fatal Accidents Act 1976, dependants may claim for:
- Loss of income that the deceased would have contributed. That includes future earnings, pension benefits, and bonuses (or other work-related perks).
- Funeral expenses, such as cremation and burial costs. Dependants will not be able to claim for these expenses if the estate has already done so under the LRMPA.
- Loss of services considers the contributions made by the deceased, like help with domestic chores, childcare, and house maintenance.
- Loss of consortium (also known as loss of a special person) encompasses the losses that cannot be financially quantified elsewhere. These intangibles may account for the impact of losing companionship and intimacy.
You can learn more about wrongful death compensation by calling our team of expert advisors today.
Do I Have To Make A Death By Medical Negligence Claim Within A Set Time Limit?
Yes, you usually have to begin a death by medical negligence claim within a set time limit. According to the Limitation Act 1980, this time limit may start either:
- 3 years from the date of death.
- Or 3 years from the date an inquest or post-mortem was conducted. In medical negligence claims, this is referred to as the ‘date of knowledge.’
Contact our advisors today for a free consultation to determine if your claim is still within its time limit.
What Do I Need To Support My Wrongful Death Claim?
To support your wrongful death claim, you will need to present clear evidence demonstrating how a loved one’s passing resulted from a medical professional or facility’s failure to fulfil their duty of care. Our panel of solicitors have found the following evidence to be particularly beneficial:
- The death certificate will confirm the cause of your loved one’s passing.
- Medical records can provide a timeline of treatments and potentially show how substandard care occurred.
- Post-mortem or coroner’s reports can provide insight into the circumstances of your loved one’s wrongful death.
- Contact details from those who may have observed negligent treatment, including staff and family members. They could provide a statement to your solicitor at a later stage of the claims process.
- Records of any complaints made about the standard of care provided to your loved one, together with any official response or the findings of an investigation.
The solicitors making up our expert panel understand that this can be an incredibly difficult time for loved ones, which is why they can help gather the necessary evidence on your behalf to make the claims process as straightforward and stress-free as possible. You can find out more about this by talking to one of our advisors. In the next section, you’ll learn about some of the other services provided by our panel of specialist solicitors.
How A No Win No Fee Solicitor Can Help My Claim For Fatal Medical Negligence
A No Win No Fee solicitor can help you claim for fatal medical negligence regardless of your financial situation or where you live in the country. The specific No Win No Fee contract our panel of solicitors work under is called a Conditional Fee Agreement (CFA), which means:
- You pay nothing upfront in solicitor fees.
- You pay zero solicitor fees throughout the claims process for the work done on your case.
- If the case is lost, you do not pay your solicitor’s fees at all.
You only pay a success fee if your claim wins. This fee acts as payment for your solicitor’s work and is deducted from your compensation. However, it is small, as the percentage is capped and agreed upon before the case begins.
Our panel of specialist solicitors are highly experienced in death by medical negligence claims. They’ve helped secure compensation nationwide and approach each claim with a deep understanding that every grieving client has unique needs. Here are just some of the services they can tailor to your circumstances:
- Help with gathering evidence, like witness statements.
- Expert handling of the claims process.
- Straightforward advice and explanations of unfamiliar jargon.
- Professional correspondence with all relevant parties, where necessary.
- Access to specialist support, including psychologists.
Get Assistance From Legal Helpline
Losing a loved one due to medical negligence can be a heartbreaking experience, and our advisors are here to offer their assistance sensitively and professionally. If you’re considering making a compensation claim, our friendly advisors are ready to guide you every step of the way, from understanding the eligibility criteria to explaining No Win No Fee contracts:
- Call 0333 0000 729
- Fill out our ‘Contact Us‘ form.
- Message an advisor through live chat.
More Information
Here are some of our other related guides:
- How to make a birth injury claim.
- Learn about proving medical negligence.
- Find out what the Bolam test is and how it may apply to your case.
You may also find the information on these pages useful:
- Royal College of Nursing (RCN) – What duty of care is expected from nurses.
- General Medical Council (GMC) – Good medical practices set for doctors.
- Gov.uk – learn more about Statutory Parental Bereavement Pay and Leave.
We hope that this guide on making a death by medical negligence claim has been helpful.
