Have you lost a loved one due to medical negligence and wish to claim wrongful death medical negligence compensation? There are a number of ways by which the negligent actions of a healthcare professional could lead to a death, such as surgical errors, misdiagnosis or undue delays.
In order to claim for fatal medical negligence, you will have to demonstrate that:
- A healthcare professional owed your loved one a duty of care. This means that your loved one was receiving treatment from that professional, who is expected to maintain reasonable standards of care.
- The professional breached this duty of care.
- This breach of duty caused your loved one to be fatally harmed.
Key Takeaways
- If a healthcare professional fails to follow basic standards of care, leading to fatal harm, there may be a valid death by medical negligence claim.
- Wrongful death settlements may include compensation for the deceased’s suffering as well as the family’s financial losses.
- Only the estate can claim for your loved one’s suffering before their death. They have up to 6 months to do so.
- If the estate does not make a fatal medical negligence claim, dependents can claim for the impact of the wrongful death.
- Dependants usually have a time limit of 3 years to start death by medical negligence claims.
- Settlements for fatal medical negligence may include compensation for the deceased’s pain and suffering, financial dependency, such as the deceased’s share of essential bills, loss of consortium, and a set Bereavement Award.
Our friendly and knowledgeable advisors can discuss eligiblity to claim fatal medical negligence compensation. There’s no pressure to proceed with our services, but if you would like to do so and have a valid claim, they can connect you to one of our solicitors. Our solicitors offer No Win No Fee services for wrongful death by medical negligence claims.
For more information on medical negligence claims, get in touch with our team now:
- Call on 0330 1230 546.
- Fill out our contact form.
Jump To A Section
- Wrongful Death Medical Negligence Compensation Calculator
- Fatal Medical Negligence Compensation On Behalf Of The Deceased’s Estate
- Can Wrongful Death Compensation Be Claimed For Dependants Of The Deceased
- How Long Do I Have To Begin A Medical Negligence Death Compensation Claim?
- How Our Team Can Help Start A Claim For Death By Medical Negligence Compensation
- Learn More
Wrongful Death Medical Negligence Compensation Calculator
Wrongful death compensation calculators are a tool that some websites provide. They work by estimating how much compensation an eligible estate may be awarded for a person’s wrongful death.
As only the estate can claim for the deceased’s pain and suffering between the incident that caused the fatal harm and their actual death as well as the financial losses incurred in this time period, wrongful death medical negligence compensation calculators will typically use figures from the Judicial College Guidelines (JCG) to provide this estimate.
The JCG is a document that can be used to assign value to pain and suffering in medical negligence claims, including for wrongful death. It provides guideline compensation brackets for different types of harm.
You can read ahead for more information on potential wrongful death medical negligence compensation and how it could be awarded. Contact our team for examples of NHS payouts.
Fatal Medical Negligence Compensation On Behalf Of The Deceased’s Estate
Under the Law Reform (Miscellaneous Provisions Act) 1934, the deceased person’s estate can claim for the suffering and the financial losses endured by the deceased before their death. This would be like a personal injury claim the deceased would have made, had they been alive.
The estate would claim for the deceased’s general damages (pain and suffering) and special damages (financial losses). Special damages may include the deceased’s lost wages, private healthcare and care costs. General damages would typically be calculated using the JCG.
The table below showcases some JCG figures which may be relevant for wrongful death medical negligence compensation claims, except for the top row. Please note that this table is intended only to provide guidance.
| Injury | Notes | Compensation Guidelines |
|---|---|---|
| Fatality and Add-On Claims | This bracket deals with compensation for the deceased person's pain and suffering, dependency and financial losses. | Up to £550,000 and over. |
| Paralysis- Quadriplegia/ Tetraplegia | The higher limit may be considered if the person suffers from physical pain and their communication abilities and senses have been affected. | £396,140 to £493,000 |
| Paralysis- Paraplegia | The amount will depend on the extent of pain, life expectancy and age. | £267,340 to £346,890 |
| Brain Damage- Very Severe | Full-time nursing care is needed and there isn't a meaningful response to surroundings. | £344,150 to £493,000 |
| Injuries Relating In Death- Full Awareness | There is complete awareness before going into unconsciousness and dying within a few weeks and 3 months. | £15,300 to £29,060 |
Can Special Damages Compensation Be Claimed For A Death By Medical Negligence?
Yes, special damages may be included in a claim for wrongful death resulting from medical negligence. This head of the claim pertains to the financial losses incurred by the deceased prior to their death. Some examples of this include:
- Private care costs.
- Lost wages.
- Hospital transport costs (if they’ve been transported between hospitals and paid out of pocket for this).
- Prescriptions.
- Therapies.
For special damages, you will need to provide financial documentation, such as invoices and bank statements
Do you wish to claim for death by hospital negligence? Call our advisors now for more information.
Can Wrongful Death Compensation Be Claimed For Dependants Of The Deceased
Yes, a claim may be made for the deceased’s dependents under the Fatal Accidents Act 1976 (FAA). The estate may claim on behalf of the dependents. Alternatively, if the estate did not claim, then the dependents can seeks wrongful death medical negligence compensation after 6 months have passed. Under this law, only some qualifying relatives can claim as dependents, such as:
- Parent of the deceased.
- Partner or spouse of the deceased.
- Child of the deceased.
- Siblings of the deceased.
Costs the dependents can recover include:
- Loss of services: The solicitor will need to quantify these losses, which can include both past and future losses. This can include childcare or domestic help provided by the deceased prior to the death.
- Dependency: Impact on the family’s income due to the loss of past and future income of the deceased.
- Funeral costs.
- Loss of consortium: This encompasses the loss of companionship or the impact on the family, which cannot be easily quantified.
Bereavement Award Compensation
Under the FAA, qualifying relatives may also apply for a bereavement award, which is fixed at £15,120. However, this amount is split if more than one person claims, and it can be awarded to:
- Wife, husband or civil partner.
- Parents of the deceased in case of an unmarried minor, or the mother of the deceased if the unmarried minor was born out of wedlock.
- Anybody who cohabited with the deceased for 2 years before the death as wife and husband.
Still confused about the wrongful death medical negligence compensation that could be claimed? You can then call one of our advisors to discuss your case.
How Long Do I Have To Begin A Medical Negligence Death Compensation Claim?
The time limit for claiming compensation for medical negligence resulting in death is 3 years. This time limit applies from either the date of death, the post-mortem date, or the inquest date.
Determining the correct time limit is an important step in a wrongful death medical negligence compensation claim. If you try to claim compensation beyond the time limit, your claim may be time-barred.
You can read our guide on medical negligence time limits or speak to one of our advisors now.
How Our Team Can Help Start A Claim For Death By Medical Negligence Compensation
Our solicitors have been working on death by medical negligence claims for many years. They can help you to claim compensation for the death of a loved one by:
- Explaining all complex medico-legal concepts.
- Helping in gathering evidence.
- Communicating with the opposite party throughout the claim.
- Making you aware of the applicable time limit.
- Preparing court documents for litigation.
- Calculating the potential wrongful death by medical negligence compensation.
Additionally, our solicitors offer the benefits of No Win No Fee services in the form of a Conditional Fee Agreement (CFA), which means:
- You don’t have to pay the solicitor fees upfront or in the middle of your claim, or if you lose.
- If you win, your solicitor will charge only a legally limited percentage of the compensation, known as the success fee.
Contact Compensation Calculator UK
For further questions about No Win No Fee agreements or about claiming wrongful death medical negligence compensation, contact our team now:
- Call on 0330 1230 546.
- Fill out our contact form.
Learn More
You can go through some more of our guides:
- Details on medication error compensation.
- Our guide on birth injury compensation.
- Information on using our lung cancer misdiagnosis claims.
You can also read some other links to learn more:
- Guidance from the NHS on feedback and complaints about services.
- Details from the CQC on complaining about a healthcare service.
- Government information on death and bereavement.
Thank you for reading about claiming wrongful death medical negligence compensation. Please address any further questions to an advisor.