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

The law protects all victims of medical negligence and as such, the family of a patient who has died as a result of or since they were maltreated by a doctor, may be eligible to pursue a claim for compensation. A claim may be brought by the deceased victim’s estate within three years of the date of their death. This applies whether they died as a result of medical negligence, or at a later date due to unrelated causes.

If the victim died as a result of the medical negligence that they suffered, it would be possible for the estate to claim the recovery of funeral costs, a bereavement award and costs for any financial dependency factors such as children and spouses. These payments will be made on top of the awards for the physical and emotional suffering of the victim prior to death as well as any loss of earnings or financial losses that the victim may have incurred.

If the deceased person had initiated a claim following medical negligence already and then subsequently died before the case was concluded, the deceased’s estate may discuss the case with the solicitor to arrange the appropriate course of action. Ultimately, compensation for medical negligence is still available for the most serious of cases, including those which result in a fatality and can be accessed by those managing the deceased’s estate.

What should I do next?

The first step is to contact our 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 claim, they will be able to offer you a no win no fee service. This enables you to proceed with your claim for compensation without the worry of paying any upfront fees, and without any financial risk of losing your case. If our solicitors are unable to win your medical negligence claim, you won’t pay them a penny.