Medical Negligence Claims
If you have been the victim of medical negligence you could be entitled to compensation. Contact our local personal injury solicitors for free advice today.
Read moreClaim for death caused by medical negligence
If you have lost a loved one due to medical negligence, contact our team of solicitors to find out if you can make a fatal medical negligence claim.
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Fatal Medical Negligence Claims
Losing a loved one is always an incredibly hard and distressing time. Knowing they passed away due to avoidable medical errors made by a medical professional can make it even more devastating.
While compensation can do little to ease your pain, it is worth knowing that you may be able to make a fatal medical negligence claim under such circumstances.
Various types of negligent care can lead to wrongful death, including surgical errors, late diagnosis of cancer, birth injuries and medication errors. Medical negligence compensation can cover financial dependency, loss of services, bereavement and funeral expenses.
To find out if you are able to claim for medical negligence following the death of a loved one, call 0800 470 0474 for a free consultation. Alternatively, use our contact form if you would prefer to receive a call back.
By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.
Table of Contents
What is the duty of care of medical professionals?
All healthcare professionals have a duty of care towards their patients. They must provide a reasonable standard of care and act in ways to protect their health and safety.
A duty of care is established as soon as a patient is accepted for medical advice or treatment. It is a legal obligation, and it is essential to ensure safe practices are followed, and medical professionals act in the patient’s best interests.
Some of the duties and responsibilities of doctors, nurses and other healthcare providers include:
- Take a proper medical history when consulting a patient.
- Thoroughly investigate the patient’s complaints and symptoms.
- Make a proper differential diagnosis.
- Refer the patient to a specialist when appropriate.
- Prescribe a suitable and effective treatment plan.
- Provide the necessary follow-up care when needed.
- Keep good hygiene to prevent infections and the spread of diseases.
- Administer medications correctly, ensuring the correct dosage and prescription.
- Keep their knowledge and skills up to date.
- Clearly communicate the risks and benefits of treatments to patients.
- Treat people with respect and dignity and obtain their informed consent.
- Act with honesty and integrity and report any medical errors or near misses.
- Adhere to guidelines set by regulatory bodies such as the General Medical Council (GMC).
This list is not exhaustive, and duty of care comprises many other responsibilities. When these are breached and result in harm to the patient, including wrongful death, it may be possible to bring a claim for compensation.
Can I make a fatal medical negligence claim?
The easiest way to find out if you are able to make a claim is through a free consultation with an experienced medical negligence solicitor. They will assess the case and determine whether it meets the following criteria:
A healthcare professional owed the deceased a duty of care
As seen above, a duty of care is implied when offering care and treatment to a patient. All medical staff must provide competent and skilful care in line with their level of training to keep patients safe and prevent avoidable harm.
There was a breach of duty
A breach of duty occurs when a medical professional fails to meet the standard of care expected of them. Examples include delayed diagnosis of a life-threatening condition, surgical errors leading to fatal complications or inadequate response to an emergency.
There is causation
To have a valid claim, it is not sufficient to prove a breach of duty. You must also be able to establish a clear link between negligent medical care and the death of your loved one. Your solicitor will need to prove the death could have been avoided with proper medical care.
There are damages
Compensation for fatal medical negligence can cover various losses, including the pain and suffering of your loved one before death, funeral expenses and loss of services. You must be able to prove these with evidence such as witness statements, receipts, payslips and invoices.
If these factors apply to your case, a specialist medical negligence solicitor will help you claim compensation for your loved one’s death.
Who can make a claim for wrongful death by medical negligence?
If someone passes away due to another party’s negligence, the deceased’s estate can make a personal injury claim under the Law Reform Miscellaneous Provisions Act 1934 (LRMPA).
This claim covers the pain, suffering and financial losses they experienced before dying and can only be brought by the deceased’s estate.
Under the Fatal Accidents Act 1976, qualifying dependents can also claim compensation for the financial losses and expenses resulting from the death of their loved one. Generally, the following dependents could make a claim:
- Former and current spouses and civil partners.
- A cohabiting partner who lived with the deceased for at least two years before their passing.
- Any biological and legally adopted children.
- Parents and grandparents.
- Anyone treated by the deceased as a child or a parent.
- Siblings, aunts and uncles and any of their children.
- Any other family members who were financially dependent on the deceased.
A limited number of relatives can also apply for bereavement damages, including:
- A spouse, civil partner or cohabiting partner for at least two years
- The parents of a deceased child under 18, if unmarried
If you want to make a fatal medical negligence compensation claim, do not hesitate to speak to a solicitor as soon as possible. They will advise you on your legal rights and help you get started with the claims process.
How do I claim compensation for the death of a loved one?
Losing a loved one due to the negligence of a healthcare provider is devastating. While no amount of compensation can make things easier, it can help you cover any financial strain caused by the loss of your loved one.
Claiming compensation following a negligent death involves several distinct steps, which are detailed below:
Assessing your claim
It is highly recommended that you consult a specialist solicitor who can assess your case and explain your legal rights as soon as possible. During an initial consultation, you can share details with them of what happened and how your family has been affected.
The solicitor will carefully assess the merits of your case and your chances of success. They will determine whether negligence occurred and guide you through the claims process. If you can proceed, they will offer you a no win no fee service.
Building your claim
Your solicitor will help you gather and piece together all the necessary evidence to ensure you have the best chance of making a successful claim. This could include:
- Copies of medical records related to the diagnosis and treatments they received;
- Findings from a post-mortem or inquest and a coroner’s report, if available;
- A death certificate stating the cause of death;
- Reports from independent medical specialists who can confirm a breach of duty and causation;
- Statements from family members and others who can provide details about what happened;
- Hospital complaints or other communication regarding internal investigations into what happened;
- Photographs or video evidence of any visible injuries or unsafe conditions;
- Proof of dependency on your loved one’s financial support and services;
- Documents that prove the financial losses and expenses incurred because of your loved one’s death.
Gathering as much evidence as possible will allow your solicitor to establish precisely what happened and calculate a fair settlement on your behalf.
Submitting the letter of claim
If the gathered evidence proves that negligence led to the death of your loved one, your solicitor will send a letter of claim to the defendant. This will outline the allegations of negligence and the compensation award you seek.
The defendant has four months to investigate your claim and admit or deny the allegations.
Negotiations
If the defendant takes responsibility for your loved one’s death, your injury lawyer will begin to negotiate a settlement with their insurer. They can also arrange for you to receive interim payments while the case is ongoing to cover any immediate financial needs.
Court proceedings
If the defendant denies liability, your solicitor will issue court proceedings. They will instruct a barrister to act on your behalf and argue your case in court. Based on the presented evidence, a judge will then decide on liability and compensation.
Receiving your compensation
If your claim is successful, compensation will be awarded, typically within four weeks after settling or winning in court.
What does a fatal medical negligence claim include?
If you lost a loved one as a result of negligent medical care, an experienced solicitor could help you claim compensation. A claim for fatal medical negligence could include the following elements:
Financial dependency
One of the most significant aspects of a wrongful death claim is compensation for financial dependency. You can claim compensation for:
- The salary or income the deceased would have provided to the family if they had lived;
- The pension benefits they would have received;
- The loss of other financial contributions, such as bonuses, overtime, investments, or allowances that were regularly part of their income.
Loss of services
In addition to financial support, many people provide essential services that contribute to their family’s well-being. Compensation can be awarded for the loss of these contributions, including:
- The cost of hiring childcare if the deceased was responsible for caring for children;
- The cost of hiring someone to do the household maintenance the deceased used to handle;
- The cost of hiring a carer if the deceased cared for an older, disabled, or vulnerable family member.
Funeral expenses
You could also recover reasonable costs related to a funeral. Compensation may cover burial or cremation costs, wreaths, flowers, a headstone or memorial and the cost of transporting the body to the grave.
Some costs that may not be covered include funeral clothes, the wake, the cost of probate and the memorial service.
Pain, suffering and financial losses
If the deceased suffered pain, suffering or loss of amenities before their death, these can also be included in the claim. Their estate can also claim all the financial losses and expenses incurred due to medical negligence, such as private medical treatment and loss of earnings.
Bereavement damages
As already mentioned, a limited number of family members are also entitled to claim a bereavement award. This is a statutory payment of £15,120 awarded for the emotional distress of losing a loved one and as recognition of the wrongful death.
The goal of compensation is to ensure that families receive the support they need to ease the financial and emotional hardship of losing a loved one and help them rebuild their lives.
Types of medical negligence that could lead to wrongful deaths
Wrongful death due to medical negligence occurs when a patient dies as a direct result of substandard medical care. A fatal medical negligence case can arise from various types of mistakes and substandard care, of which the most common are:
Misdiagnosis or delayed diagnosis
This occurs when a doctor fails to correctly identify a medical condition in time to provide life-saving treatment. This could be due to a failure to order the proper tests, misinterpreting test results, failure to make a specialist referral or dismissing patient symptoms. Examples include:
- Cancer misdiagnosis, allowing it to spread and reach an untreatable stage
- Misdiagnosing the symptoms of a heart attack as indigestion or anxiety
- Misdiagnosis of sepsis leading to organ failure and death
Surgical errors
Errors during surgery can lead to severe complications and death. While all surgeries carry some risks, negligence can significantly increase the chances of a fatal outcome. Some types of mistakes that can have life-threatening consequences include:
- Accidental damage to major blood vessels or organs
- Operating on the wrong patient or the wrong body part
- Technical failure of medical equipment and devices
- Failure to offer adequate follow-up care
- Administering too much anaesthesia, which can lead to respiratory or cardiac arrest
- Leaving foreign objects inside the body, causing organ perforation or severe infections
- Failure to monitor vitals for signs of complications
Medication and prescription errors
Errors involving medication can have fatal consequences, particularly for vulnerable patients such as older people, children, or those with chronic conditions. Examples of fatal medication errors include:
- Administering too much of a drug can lead to overdose or organ failure
- Prescribing too little of a drug can be ineffective and not treat the underlying condition
- Failing to check for allergies and drug interactions
- Errors in dispensing or labelling medication
- Failing to monitor for side effects and the patient’s reaction to the medicine
Birth injuries
Medical negligence during pregnancy, labour, or delivery can result in fatal complications for the mother, baby, or both. Examples include:
- Failure to monitor foetal distress and lack of oxygen to the baby
- Failure to perform an emergency C-section in time
- Excessive bleeding during childbirth
- Incorrect use of assistive devices during childbirth
- Failure to diagnose or treat maternal infections and other health conditions
- Post-natal negligence in caring for babies born prematurely
Mistakes made in A&E
Emergency departments are always under high pressure. Here, quick and informed decisions are essential to ensure patients receive the correct diagnosis and treatment of serious conditions.
However, errors can occur due to misjudgements, understaffing, lack of experience and other reasons. These can have devastating consequences and can lead to avoidable death. Examples include:
- Failing to recognise the symptoms of life-threatening conditions like stroke, sepsis or internal bleeding
- Failure to prioritise critically ill patients who experience chest pain or breathing difficulties
- Administering the wrong dosage or incorrect medication
- Failure to order urgent tests to confirm a diagnosis
- Triage errors, which can lead to classifying a critically ill patient as non-urgent
- Discharging a patient too early or without proper aftercare instructions
Gross negligence
Gross negligence is the most severe form of medical negligence, where a healthcare professional’s actions (or failure to act) fall far below the acceptable standard of care. The following types of gross negligence can lead to a wrongful death:
- Dismissing clear signs of a heart attack or stroke without conducting tests
- Surgical errors that go beyond ordinary mistakes, such as causing fatal internal bleeding
- Ignoring critical symptoms or patient complaints
- Failing to provide basic life-support measures, such as oxygen or CPR
- Administering a dangerously high dose of a drug, leading to respiratory failure and death
- Failure to act on test results that show a severe condition such as sepsis or cancer
Poor monitoring of mental health patients
Mental health patients, as well as those who lack mental capacity, require close supervision and proper care to prevent self-harm and fatal accidents. When this care is not provided, the consequences can be devastating. Examples of negligence in such cases include:
- Failure to assess the risk of suicide
- Discharging a patient too soon or leaving them unsupervised despite warning signs
- Administering the incorrect dosage of psychiatric drugs
- Poor security and monitoring in psychiatric wards
- Overcrowding or understaffing in psychiatric hospitals
- Inadequate follow-up care for discharged patients
- Failure to act on warning signs or patient complaints
- Poor safety measures, giving patients access to objects they could use to self-harm
This list is not exhaustive, and other types of medical negligence can entitle you to make a wrongful death compensation claim. The most common health conditions related to these claims include:
- Brain haemorrhage and injuries
- Birth and pregnancy complications
- Heart failure and cardiac arrest
- Infections such as MRSA, meningitis and sepsis
- Blood clots, stroke and thrombosis
- Tumours and cancer
- Failure of organs such as the liver, heart or kidneys
- Anaphylaxis
Can I claim compensation for stillbirth?
Stillbirth refers to the loss of an unborn baby after reaching the 24th week of pregnancy.
Unlike a miscarriage, which occurs earlier in the pregnancy, stillbirth requires a formal birth and death registration and can be highly traumatic and devastating for the mother and all family members.
While stillbirth can happen because of natural causes, it can also be due to various types of medical negligence, such as:
- Failure to monitor the foetal heart rate properly
- Failure to detect or respond to reduced foetal movements.
- Failure to diagnose and treat maternal conditions such as infections, gestational diabetes or pre-eclampsia.
- Misinterpreting the results of tests and scans.
- Delaying a necessary C-section when the baby is in distress.
- Prescribing incorrect medication that harms the baby.
- Failure to detect placental abruption.
If errors by doctors and other medical professionals led to a stillbirth, you may be entitled to compensation. Parents of the stillborn baby can make a claim for emotional distress, medical costs, and financial losses.
If the mother suffered a physical injury due to negligence, she may also claim compensation for pain and suffering. A medical negligence lawyer can help you understand your legal rights and advise you on your next steps.
Is it okay to make a fatal medical negligence claim?
Whether you have suffered a loss due to negligence from the NHS or a private healthcare provider, it is entirely okay to seek compensation. Making a claim ensures accountability and helps improve patient safety without directly harming the funds allocated for patient care. This is because:
- If you make a successful claim against the NHS, the compensation is paid by NHS Resolution. This is an arm’s length body of the Department of Health and Social Care (DHSC), fully funded by the DHSC.
- Private doctors and hospitals are legally required to have valid insurance to cover possible negligence claims. In this case, your claim will be settled by their insurance company, protecting the financial stability of individual providers. Successful claims may, however, result in increased insurance premiums.
Can I make a medical negligence compensation claim on behalf of a loved one?
Yes. Under specific circumstances, you could make a claim on behalf of someone else if they lost a loved one due to medical negligence. You can act as a litigation friend if:
- You are claiming on behalf of a child under 18.
- You are claiming on behalf of an adult who lacks mental capacity under the Mental Capacity Act 2005, known as a protected party. This could mean they have suffered a brain injury or have a condition such as Down syndrome or autism.
To become a litigation friend, you must apply to the court and provide evidence that you can make fair decisions about the claim and you have no conflict of interest with the claimant.
As a litigation friend, you will have complete authority over the legal proceedings but also a number of responsibilities, such as:
- Act in your loved one’s best interests
- Approve and sign legal documents and deal with correspondence
- Liaise with solicitors and take legal advice
- Help gather evidence to support the claim
- Make decisions about the case that are in your loved one’s best interests
- Try to find the claimant’s wishes about the case
The compensation secured as a litigation friend must be approved by a judge during a court hearing. The funds will then typically be kept in a personal injury trust and released to a child on their 18th birthday. If the claimant is a protected party, you may have to manage the funds on their behalf.
Will there be an inquest if a loved one died due to medical negligence?
If the circumstances of your loved one’s death are unclear, a coroner may conduct a formal inquiry to determine what happened. This is known as an inquest and may be held if there is reason to believe that the death was caused by either of the following:
- Substandard medical care
- Mistakes or omissions by healthcare professionals
- A failure to diagnose or treat a condition properly
The inquest is held in court but is not a formal trial. It is a fact-finding process that aims to establish who the deceased was and how, when, and where they died. Depending on the circumstances, the whole process can take anywhere from 15 minutes to several days.
The coroner will decide who should give evidence as witnesses at the inquest. They will be in charge of the hearing and call each witness forward to provide evidence and answer their questions. You or your solicitor can also ask the witnesses questions.
After hearing all witnesses and assessing all the evidence, the coroner will make findings as to what caused your loved one’s death. The coroner cannot state that they passed away due to medical negligence, but they can make a conclusion of neglect.
If you are pursuing a claim, your solicitor can represent you at the inquest, provide legal support and question witnesses. The findings of the inquest can serve as crucial evidence for your case.
Time limits to claim for death due to medical negligence
Under the Limitation Act 1980, you typically have three years to claim compensation for the loss of a loved one. This time limit begins to run from the date of death. If you miss the deadline, your case will be statute-barred and no longer valid.
While three years is a long time, the sooner you start legal proceedings, the better. This will ensure easier access to evidence and will help your solicitor put together a stronger claim.
There are a few exceptions to the three-year limitation date to start a claim:
- The three years will begin from the date of knowledge of the negligence if this is not known on the date of death.
- If you lost a loved one as a child, a litigation friend can make a claim on your behalf any time before your 18th birthday. If no claim is made, you have until the age of 21 to start a claim yourself once you turn 18.
- If a dependent lacks the mental capacity to seek compensation, the time limit does not begin until they are able to claim or is permanently suspended.
- If the negligence occurred outside the UK, different time limits may apply, depending on the country’s legal system. In some cases, the deadline can be much shorter, so you should seek legal advice without delay.
If you believe you may have a claim, do not hesitate to call 0800 470 0474 or arrange a call back to start legal proceedings.
How long will a fatal medical negligence case take?
Claims for medical negligence resulting in death can take anywhere between several months to a few years to reach a resolution. This timeframe will depend on several factors, including:
- How long it takes to gather evidence, such as expert reports and medical records;
- The time it takes for the defendant to respond to your letter of claim;
- The value of your claim and the complexity of the case;
- Whether the defendant admits liability or you have to issue court proceedings;
- The time it takes to negotiate a settlement.
If the other party admits liability from the beginning, and you have clear evidence of negligence, your case can be resolved much sooner.
You can also help speed up the claims process by maintaining clear communication with your solicitor and providing them with all the information they need as soon as possible.
If the loss of your loved one has left you under financial strain, your solicitor could be able to secure interim payments for you while the case is ongoing.
Will I have to go to court?
It is very unlikely that you will need to go to court, as most claims for medical negligence are settled through negotiations. This is beneficial to both parties because:
- It allows for a faster resolution, as court cases can take years to resolve;
- It leads to less stress and emotional burden;
- There are lower legal costs;
- It gives them complete control over the outcome of the case;
- A settlement is final, while court decisions can be appealed.
An out-of-court settlement provides a quicker, less stressful, and more cost-effective resolution for both sides. However, there are cases when court proceedings may be necessary, such as:
- The defendant denies that your loved one’s death was caused by medical negligence;
- Liability is admitted, but you cannot agree on the amount of damages to be awarded;
- There are complex legal and medical issues that must be ruled by a judge;
- You want to apply for interim payments to cover immediate financial needs.
If your case goes to court, your solicitor might be able to represent you. If you have to attend, they will explain everything to you to ensure you are fully prepared. It might also help to know that all civil cases are held without a jury, so you should not feel overwhelmed.
How much compensation can I claim for death caused by medical negligence?
The amount of compensation awarded for a death resulting from medical negligence varies based on several factors. These include the deceased’s age, income, and other circumstances.
It is difficult to provide an exact figure without knowing the details of the case, but compensation typically covers several components:
General damages
General damages cover the pain and suffering experienced by the deceased prior to their death. The amount awarded depends on the severity and duration of the suffering and could be:
- £5,700 for mental anguish caused by the reduction in life expectancy and fear of impending death;
- £1,680 to £3,410 for negligence causing immediate unconsciousness and death within a week;
- £4,590 to £5,360 for immediate unconsciousness and death within six weeks;
- £12,830 to £13,020 for hours of excruciating pain followed by loss of consciousness and death within six weeks;
- £15,300 to £29,060 for full awareness combined with periods of unconsciousness and death within three months of injury.
Special damages
The deceased’s estate can also claim compensation for quantifiable losses incurred by the deceased as a direct result of the negligence. They could include loss of earnings up to the date of death and the cost of any private medical treatments.
These are calculated based on documents such as receipts, medical bills and payslips.
Financial dependency
If you relied on the salary and other financial benefits provided by your loved one, you can also include these in your claim. To calculate your compensation for financial dependency, your solicitor will start by calculating your loved one’s income.
From this, they will deduct the amount they would have likely spent on themselves (typically 35%) to get the multiplicand. This is the figure that would have been available to the family.
Then, they will multiply this figure by the years you or the family would have depended on the deceased and make reasonable adjustments to get your compensation figure.
Loss of services
Calculating this part of the compensation will be based on the average costs for the services provided by your loved one in your area.
For example, if your loved one spent 20 hours per week caring for your child and you must hire a nanny now who charges £15 per hour, you would get £15 × 20 hours × 52 weeks = £15,600 per year.
Bereavement damages
The bereavement award for the grief and suffering caused by the loss of your loved one is a fixed payment of £15,120.
Funeral expenses
The amount awarded for funeral expenses is based on the actual costs incurred and what is deemed reasonable and necessary. You must provide evidence such as receipts and invoices, but the average funeral costs are around £4,000-£5,000 in the UK.
How much will it cost to hire a medical negligence solicitor?
If you are entitled to compensation for death by medical negligence, the solicitors we work with will offer you a no win no fee service. That means you do not have to pay them a single penny upfront, and you won’t be taking any financial risks.
This service allows you to make a claim following the death of a loved one, regardless of your financial situation.
Your solicitor will only get a success fee if and after you get compensated for your losses. This fee is agreed upon from the beginning and capped at 25% of your general damages and past financial losses. If you lose, you do not have to pay them anything.
You may also have the option of taking out After the Event (ATE) insurance to cover expenses such as court fees, medical reports, and the defendant’s legal costs. The ATE further ensures you will not be left under any financial burden if the case does not succeed.
The ATE insurance premium is only payable if the claim is won, and it will be deducted from the compensation awarded.
To learn more about claiming for death caused by medical negligence, call 0800 470 0474 today for a free consultation with a legal adviser. You can also enter your details into our online claim form to request a call back.
By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy.
By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy.
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