Can a claim be made if the person affected by medical negligence has died?

The law protects all victims of medical negligence who have suffered avoidable and unnecessary harm. This protection extends to the family members of a patient who has died because of substandard care, who may subsequently be eligible to pursue a claim for compensation.

If you lost a loved one due to medical negligence, you could be entitled to claim for the financial support they provided, loss of services and funeral expenses. A limited number of family members can also claim bereavement damages for the grief caused by their loss.

To find out if you have a valid claim and learn more about the claims process, call 0800 470 0474 today or use our contact form to request a call back.

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Table of Contents

• When can you make a claim for death caused by medical negligence?
• Who can claim compensation for wrongful death?
  • The executor or administrator of the estate
  • Dependents of the deceased
• What does a fatal negligence claim include?
  • Loss of financial support
  • Loss of services
  • Funeral expenses
• Who can claim bereavement damages?
• Time limits to start a fatal medical negligence claim
• What should I do next?

When can you make a claim for death caused by medical negligence?

In order to have a valid compensation claim following the death of a loved one, a specialist medical negligence solicitor must be able to prove that:

• A medical professional owed them a duty of care – they had a legal responsibility to provide a safe and appropriate standard of care to your loved one;
• There was a breach of duty of care – they failed to meet this standard by making an error or acting negligently;
• The negligence directly caused the death (causation) – there must be proof that the death was due to the medical error and not just the progression of an illness or pre-existing condition;
• There are damages – the death caused measurable losses, such as emotional suffering, financial hardship, or funeral costs;
• The claim is within the legal time limit – typically, the claim must be made within three years of the death or when the negligence was discovered.

Some types of medical negligence that could lead to a wrongful death claim include:

• Failure to diagnose a severe condition such as sepsis, cancer or a stroke in time;
• Mistakes during surgery damaging vital organs;
• Administering too much anaesthesia;
• Not providing necessary treatment despite clear symptoms;
• Negligence during pregnancy or childbirth.

Who can claim compensation for wrongful death?

Compensation for death by medical negligence can be claimed by the following people:

The executor or administrator of the estate

If the deceased left a will, the executors appointed in the will typically claim on behalf of the estate. If no will exists, the next of kin can apply to be the administrator and then make a claim for damages.

Dependents of the deceased

Under the Fatal Accidents Act 1976, close family members may also make a compensation claim. These include:

• Spouse and civil partners
• Former spouses and civil partners
• Cohabiting partners (if they lived with the deceased for at least two years)
• Children (including stepchildren and adopted children) and anyone treated as a child
• Parents or guardians and anyone treated as a parent
• Siblings and other relatives (if they depended financially on the deceased)

If you are unsure whether you can make a claim for wrongful death caused by medical negligence, it is a good idea to request a free consultation with a personal injury solicitor. They will ask you a few simple questions and can let you know if you have a valid claim.

What does a fatal negligence claim include?

Compensation for medical negligence resulting in death can include the following:

Loss of financial support

This refers to the loss of income that your loved one would have contributed to you and your family had they not passed away. It can include lost salaries, bonuses, overtime, investments, pensions and healthcare benefits.

The amount of compensation is based on the deceased’s age, income and the level of dependency you had on that income.

Loss of services

This part refers to the loss of non-financial support that the deceased provided, such as household chores, childcare, or caring for dependents. The loss is calculated based on the cost to replace those services, according to average rates in your local area.

Funeral expenses

You can also claim the costs incurred for the funeral and burial or cremation of your loved one. This can include reasonable expenses, such as a headstone, wreaths, transporting the body to the grave and a memorial.

Your solicitor will carefully consider all your losses to ensure you receive the maximum compensation award to which you are entitled.

If the deceased had started a claim following medical negligence and then subsequently died before the case was concluded, their estate could continue the claim under the Law Reform (Miscellaneous Provisions) Act 1934.

This claim will cover the physical and emotional suffering of the victim before death as well as any financial losses they may have incurred due to the negligence.

Who can claim bereavement damages?

Under the Fatal Accidents Act, a few close family members can also claim a statutory bereavement award. This is a fixed lump sum of £15,120, which is meant to compensate for the emotional suffering and grief caused by the loss of a beloved family member.

The bereavement award can be claimed by:

• The spouse or civil partner of the deceased
• A cohabiting partner if they lived with them for at least two years
• The parents of a deceased minor

This bereavement award is given regardless of the claimant’s financial situation, and it does not depend on the deceased’s income or wealth.

As per Section 1A of the Act, if more than one person qualifies for bereavement damages, the sum awarded should be divided equally between them.

Time limits to start a fatal medical negligence claim

Under the Limitation Act 1980, you typically have three years to start a personal injury claim. In claims for medical negligence resulting in death, this time limit begins from either:

• The date of death – if the negligence is known at the time of death;
• The date of knowledge – if the negligence was only discovered later, such as through a post-mortem or inquest.

There are a few exceptions that apply to all claims for medical negligence, including for wrongful death:

• Children – if the claimant is under 18, they have until they turn 21 to start a claim. Alternatively, a suitable adult can claim on their behalf before they turn 18.
• Mental incapacity – if the person entitled to compensation lacks mental capacity, the time limit is suspended, and a litigation friend can claim on their behalf at any time.

What should I do next?

The first step is to contact a team of medical negligence solicitors for a free consultation. This is an opportunity to discuss what has happened with an experienced and empathetic solicitor, who will be able to assess the situation and let you know if you have a valid case.

If you do have a valid clinical negligence case, they will be able to offer you a no win no fee service. This enables you to proceed with your claim without the worry of paying any upfront fees and without any financial risk of losing your case.

If your solicitors are unable to win your medical negligence compensation claim, you won’t pay them a penny.

For your free case assessment, call 0800 470 0474 or use our claim form to request a call back.