If you’ve lost a family member or loved one as a result of medical negligence, you might be wondering what steps to take next. In this guide, we’ll explore everything you need to know about fatal medical negligence claims.
Our guide will explore what a fatal medical negligence claim is, and when you could potentially pursue compensation. We’ll also explore what medical negligence is, and how this could lead to wrongful death.
Additionally, we also answer some frequently asked questions about wrongful death claims, including how long you have to start your claim, how much compensation you could receive, and what kinds of losses you could claim for.
Finally, we’ll talk about No Win No Fee solicitors. You don’t need to make a claim with a professional, but it can make the process seem much less complex and more straightforward. Keep reading to learn about how one of our medical negligence solicitors could help you, or get in touch with us today by:
- Starting your claim online
- Calling us
Browse Our Guide
- What Is A Fatal Medical Negligence Claim?
- Who Can Make Fatal Medical Negligence Claims?
- How Can Medical Negligence Lead To A Wrongful Death?
- What Evidence Can Help In Fatal Medical Negligence Claims?
- Is There A Time Limit When Making A Wrongful Death Claim?
- How Much Compensation For A Wrongful Death?
- Can I Claim For Funeral Expenses After A Loved One’s Death?
- How Can Our No Win No Fee Medical Negligence Solicitors Help You?
- Read More About Making A Medical Negligence Claim
What Is A Fatal Medical Negligence Claim?
All medical professionals, from midwives to surgeons, owe their patients a duty of care. To uphold this duty, they are expected to provide care that meets a certain standard, and to avoid causing their patients unnecessary harm.
Fatal medical negligence occurs when this duty is breached, resulting in harm that causes the patient’s death. If your loved one died as a result of medical negligence, then you may be able to make a fatal medical negligence claim.
Keep reading to learn about who can claim compensation. Or, contact us today to learn more about the fatal medical negligence claims process.
Who Can Make Fatal Medical Negligence Claims?
For the first six months following the patient’s death, only their estate can bring about a claim. This falls under the Law Reform (Miscellaneous Provisions Act) 1934 (LRMPA).
Under this legislation, the estate can claim for the patient’s pain and suffering and any financial losses they suffered because of their injuries before their death. Under this legislation, the estate can also choose to include the dependents in their claim.
If they do not include the dependents in their claim, then certain relatives can start their own claim once six months have passed. This is outlined under the Fatal Accidents Act 1976 (FAA), which identifies the following as qualifying relatives:
- Wives, civil partners, and husbands of the deceased.
- Someone who cohabited with the deceased as a spouse for two years or more.
- A parent, step-parent, or grandparent of the deceased (or anyone who was treated as a parent).
- The child or step-child of the deceased, or anyone treated as their child.
- The aunt, uncle, or sibling of the deceased.
It’s important to note that dependents cannot make a claim on behalf of the deceased. As a dependent, you can only make a fatal medical negligence claim for the effect that the death has had on you.
Contact our team today for more information on the fatal medical negligence claims process, or keep reading to learn more.
How Can Medical Negligence Lead To A Wrongful Death?
So, how could medical negligence result in wrongful death? Some examples may include:
- Misdiagnosis: For example, if cancer is misdiagnosed, this can allow it to spread beyond the point of effective treatment. In this case, if the patient were to pass away from terminal cancer, a fatal medical negligence claim could potentially be made.
- Medication errors: If a doctor administers a drug that the patient has a known allergy to, this could cause severe anaphylaxis, resulting in the patient’s wrongful death.
- Surgical errors: Medical professionals should not sign on to perform procedures that they aren’t qualified to do. If a surgeon with no experience performed a difficult surgery and nicked an artery, this could cause the patient to bleed out, and could potentially result in a wrongful death claim.
The examples above are only a small percentage of the potential fatal medical negligence claims. If you don’t see the circumstances of your loved one’s death reflected, this doesn’t mean that you can’t pursue compensation.
If you’d like to find more, one of our advisors can help. Get in touch today and start your free consultation.
What Evidence Can Help In Fatal Medical Negligence Claims?
When making fatal medical negligence claims, the responsibility to prove what happened falls on the claimant. We understand that this might seem daunting, but if you choose to make a claim with the help of a solicitor, they can help you.
To prove a claim for fatal medical negligence, you could use evidence such as:
- Video footage: In some cases, the surgery or procedure may have been filmed or taped. In this case, this could be used as evidence.
- Medical records: These should detail the steps that the medical professional took and can illustrate where negligence occurred
- Witness statements: Solicitors and other professionals can take statements from those who witnessed any negligent behaviour or the effects that it had on the deceased
- Coroner’s report: A coroner’s report or the results of an inquest can also be used to help determine the cause of death, but it cannot determine blame.
Contact our team to find out how one of our medical negligence solicitors could help you prove a fatal medical negligence claim. Or, you can keep reading to find out how long you have to start your claim.
Is There A Time Limit When Making A Wrongful Death Claim?
The Limitation Act 1980 outlines how long you have to start different kinds of compensation claims. Under this legislation, you have three years to start a fatal medical negligence claim. This starts on either the date of death or the date that their death is connected with negligence. This could be formed on the date of an inquest or postmortem.
However, as we have already mentioned, only the estate can start a claim within the first six months following the death. If you would like to claim as a dependent, you will need to wait until this time has elapsed.
If you’d like to know if you’re within the time limit to make a claim, get in touch with our helpful team.
How Much Compensation For A Wrongful Death?
As we’ve already stated, only the estate can claim for the deceased’s pain, suffering, and financial losses. In most claims, these are split into general damages and special damages.
General damages cover the pain and suffering they went through prior to the death as a result of the harm they suffered. The Judicial College Guidelines (JCG) provide guideline compensation brackets for different instances of harm, and these brackets are often used to help value general damages.
You can take a look at some examples of these figures below. Keep in mind that the first entry isn’t from the JCG, and that these figures aren’t guaranteed.
Injury | Notes | Brackets |
---|---|---|
Fatality Plus Add-On Claims | Compensation for the pain and suffering of the deceased alongside financial losses and dependencies. | Up to £550,000 and over. |
Paralysis - Tetraplegia/Quadriplegia | Age, awareness, respiratory issues and pain are all considered in this bracket. | £396,140 to £493,000 |
Paralysis - Paraplegia | Similar to the bracket above, factors like the presence of pain and the life expectancy will affect this bracket. | £267,340 to £346,890 |
Brain Damage - Very Severe | There is a need for full time care with little to no response to their surroundings. | £344,150 to £493,000 |
Injuries Resulting in Death - Full Awareness | Full awareness for a short period, before dying within a few weeks to three months after falling unconscious. | £15,300 to £29,060 |
Special damages cover the financial losses they experienced before their death. For example, this might include the cost of end-of-life care, prescription medications, and home adjustments.
Keep reading to learn more about the different kinds of compensation that could come from a wrongful death claim.
Can I Claim For Funeral Expenses After A Loved One’s Death?
General and special damages aren’t the only compensation that can result from fatal medical negligence claims. These can also result in compensation to cover:
- Funeral costs.
- Dependency, for example, if the deceased was the main breadwinner in your household, your compensation could include their lost future earnings.
- Loss of consortium, which means the loss of a special relationship.
- Loss of services, for example, compensation to cover hiring a handyman if the deceased was responsible for DIY around the house.
In certain cases, the spouse, parents, or partner of the deceased may be able to claim a bereavement award under the FAA. This is a lump sum payment of £15,120, and if multiple people claim it, it’s split evenly between them.
Contact our advisors today with any questions you may have about how compensation is awarded in fatal medical negligence claims.
How Can Our No Win No Fee Medical Negligence Solicitors Help You?
So, why do we recommend making a claim with the help of an expert solicitor? We understand that the fatal accident claims process can seem very overwhelming, and you might not know where to start or who to turn to.
Our solicitors can help you through every step of the claims process and can assist in:
- Negotiating a settlement.
- Communicating with the defendant and courts.
- Preparing the case for trial when necessary.
- Collecting evidence to strengthen your claim.
- Explaining legal terminology.
One benefit of working with our expert solicitors is that they work on a No Win No Fee basis. Our solicitors offer their clients a Conditional Fee Agreement (CFA), which allows you to access their services without paying anything upfront, as the claim goes on, or at all if the claim fails.
Successful fatal medical negligence claims will result in a success fee. This is taken directly from your compensation by your solicitor, though the percentage taken is capped by law.
Contact Us
If you’d like to find out whether or not one of our solicitors could help you make a medical negligence claim, get in touch with our team today by:
- Starting your claim online
- Calling us
Read More About Making A Medical Negligence Claim
For more information on medical negligence claims:
- Learn how to claim medication error compensation.
- Find out how to claim for hospital negligence.
- Advice on claiming for a birth injury.
To get further help:
- Learn about standards in healthcare from the Care Quality Commission (CQC).
- Search the General Medical Council’s register for a doctor.
- Advice for claimants from NHS Resolution.
Thank you for reading our guide on fatal medical negligence claims.