We all put a great amount of trust into medical professionals when they are caring for our loved ones. So, to learn that substandard care resulted in their passing can be devastating and life-changing news.
However, at Medical Negligence Solicitors UK Co, we have excellent solicitors who specialise in death by hospital negligence claims. They can utilise their legal skills and knowledge to help you get justice and compensation for the passing of your loved one.
Key Takeaways
- Death by hospital negligence claims aim to compensate the loved ones of the deceased and achieve justice for their passing.
- Fatal hospital negligence claims may be brought forward by the deceased’s estate or any of their dependents, such as parents or children.
- Fatalities in hospitals often arise when healthcare professionals are negligent, such as misdiagnosing patients or failing to run tests.
- Our team at Medical Negligence Solicitors UK Co may help you start a death by hospital negligence claim on a No Win No Fee basis.
If you would like to start a claim for the death by hospital negligence for the passing of your loved one, contact our advisors today by:
- Calling them on 03301230546 to chat with them regarding your claim
- Submitting your claim online and our callback team will get back to you
Jump To A Section
- Can I Claim On Behalf Of A Loved One’s Death By Hospital Negligence?
- What Compensation Can Be Paid Out For Fatal Hospital Negligence?
- How Can Hospital Negligence Fatality Compensation Help?
- What If The Death Was A Result Of NHS Negligence?
- Examples Of When You Could Claim For Death By Hospital Negligence
- No Win No Fee Death By Hospital Negligence Claims
- More Information
Can I Claim On Behalf Of A Loved One’s Death By Hospital Negligence?
If your loved one passed away due to hospital negligence, you may be able to make a wrongful death claim for their passing. However, you must meet the following criteria:
- A medical professional owed the deceased a duty of care
- The medical professional’s duty of care was breached through negligent conduct
- This resulted in the deceased becoming fatally harmed
All medical professionals, including those working in hospitals, owe their patients a duty of care. If they breach this by failing to provide treatment to the standard expected of them, resulting in your loved one’s death, you may start a death by hospital negligence claim.
Who Can Start A Wrongful Death Claim?
The deceased’s estate can start a claim for the pain, suffering and financial losses the deceased experienced prior to their death. They are able to do so for up to 6 months following the death under the Law Reform (Miscellaneous Provisions Act) 1934.
If the estate has not brought a claim forward within 6 months, the deceased’s dependants may start a claim for how their loved one’s death has affected them under the Fatal Accidents Act 1976. Those who may qualify to claim under this Act include the deceased’s:
- Husband, wife or civil partner
- Parent or anyone considered one, such as a step-parent
- Child or anyone considered their child, such as step-children
- Brother, sister, auntie and uncle
- Anyone who lived with the deceased for 2 years prior to their death a partner
Is There A Time Limit To Claiming For Fatal Medical Negligence?
There is a 3-year time limit for wrongful death claims. This period generally begins on either:
- The date your loved one passed
- The date of your loved one’s death was connected to substandard care, such as the date of the conclusion of the inquest or postmortem
To ensure you start your claim on time, it may be useful to keep a record of any important dates. Further, if you are unsure when the limitation period begins or ends, our helpful advisors or one of our solicitors may help you determine this.
If you would like to start a claim today or have any questions regarding the claims criteria, please contact our advisors today.
What Compensation Can Be Paid Out For Fatal Hospital Negligence?
If you are claiming compensation for your loved one’s death, you may wonder how much you may be entitled to. Well, this is calculated under two heads of claim, namely general damages and special damages, which may be claimed for by the deceased’s estate.
As previously stated, the deceased’s estate may claim compensation for the pain and suffering experienced by the deceased, which is calculated under general damages. The solicitor appointed to your claim may refer to the Judicial College Guidelines (JCG) to determine an appropriate amount.
The table below provides examples of suggestive fatal compensation brackets from the JCG, except for the top figure. However, to get an accurate figure of how much you may receive, it is best to speak with an advisor.
| Fatality | Compensation Guideline | Explanation |
|---|---|---|
| Fatality and Add-on Claims | Up to £500,000 plus | This is compensation for the deceased’s pain, suffering, financial losses and dependency payments. |
| Paralysis - Tetraplegia and Quadriplegia | £396,140 to £493,000 | The higher end of this bracket is for those who experienced pain, and their senses and ability to communicate were affected. |
| Paralysis - Paraplegia | £267,340 to £346,890 | For such brackets, the person's life expectancy, age and their extent of pain are considered for the award. |
| Very Severe Brain Damage | £344,150 to £493,000 | For such brackets, the injured person has no meaningful response to their environment and requires full-time nursing care. |
| Injuries that Result in Death - Full Awareness | £15,300 to £29,060 | Such brackets are considered if the person had full awareness for a short period of time but became unconscious and passed away within a few weeks to 3 months. |
What Is A Bereavement Award?
Under Section 1A of the Fatal Accidents Act 1976, dependants of the deceased may receive a bereavement award of £15,120. This compensates them for the emotional distress they suffered due to the death of their loved one.
If numerous people claim this award, it is divided equally among them to ensure everyone is fairly compensated.
If you have any questions regarding fatal hospital negligence compensation payouts, please contact our advisors.
How Can Hospital Negligence Fatality Compensation Help?
Claiming hospital negligence fatality compensation may help you gain some financial stability following the death of your loved one. For example, the harm they suffered prior to their death and the circumstances that followed may have led you to incur financial losses. However, the deceased’s estate may claim compensation for this under special damages.
Some examples of the momentary losses you may be reimbursed for following the death of your loved one may include:
- The wages and earnings your loved one contributed to the family income
- Costs towards private medical care, treatment or prescriptions
Additionally, the dependents may claim for:
- Funeral costs, including payments for flowers, headstones, catering and venues.
- Loss of services, such as childcare costs if you need to pay for support with your children.
- Dependency, this is the income that your loved on contributed towards running the household, such as the amount they paid for the monthly bills.
- Loss of consortium, or loss of a special person, which accounts for losses that can’t be quantified elsewhere.
To learn more about how fatal hospital negligence compensation may support you, get in touch with our advisors.
What If The Death Was A Result Of NHS Negligence?
If your loved one’s passing was caused by the negligent conduct of a medical professional within the NHS, you may report this to NHS Resolution. This body works to resolve disputes and concerns regarding medical negligence. They also resolve claims against the NHS. Any compensation paid by them will not affect the NHS Trust’s funding because NHS Resolution is funded separately.
If you would like more information about NHS Resolution or how to start a claim for your loved one’s passing, contact our advisors.
Examples Of When You Could Claim For Death By Hospital Negligence
If medical professionals provide substandard care, there are unfortunately numerous ways death by hospital negligence may occur. Some examples of this include:
- Failing to read medical records. For example, a patient may be admitted to the hospital as they are suffering from a bacterial infection. However, the medical professional may have given them multiple doses of penicillin to treat it, despite their medical records stating that they are allergic to it. If this caused the patient to suffer anaphylactic shock and pass away, this is considered death by hospital negligence.
- Misdiagnosis. For example, a patient may have been admitted to the hospital for shortness of breath and chest pain. However, the medical professional failed to complete an ECG on the patient, suggesting they were suffering from a panic attack. If the patient were having a heart attack and passed away, this would be considered negligent.
- Mixing up test or scan results. For example, two patients may have had an X-ray completed, one showing a broken rib and another showing fluid in the patient’s lungs. If the medical professional mixed these up and sent the patient with damaged lungs home, resulting in them passing away, this is considered death by hospital negligence.
- Surgical errors. For example, a hospital surgeon may complete a routine surgery on a patient’s liver. Although the procedure may have been successful, the surgeon may have failed to remove a sponge from the patient, causing them to suffer sepsis and pass away. This cause of death is considered a form of hospital negligence.
Regardless of how your loved one passed away due to medical negligence, contact our advisors today to find out if you are eligible to claim for this.
No Win No Fee Death By Hospital Negligence Claims
The death of a loved one can significantly impact your life, not only introducing you to grief but also placing an unexpected financial burden on you. However, our solicitors are here to support you. They have the specialist skills to help you claim compensation for your loved one’s death by hospital negligence and seek the justice you deserve.
Understandably, you may have some initial concerns about the cost of legal representation. However, our solicitors offer their services on a No Win No Fee basis under a Conditional Fee Agreement (CFA), which means you do not need to pay any solicitors’ fees for their work unless your claim is successful.
Under such circumstances, your solicitor will deduct a success fee from your compensation for the knowledge, time and resources they put into settling your claim. However, the amount you pay is a small and legally capped percentage of the compensation you are awarded.
Some other benefits to claiming with one of our solicitors are that they will:
- Walk you through each stage of the claims process
- Explain legal terminology and documents associated with your claim
- Help you obtain evidence to build your claim
- Utilise their legal skills to help you receive the highest possible payout
- Set you up with mental health services such as bereavement counselling
- Negotiate compensation settlements on your behalf
Contact Our Team Of Advisors
If you would like to claim compensation for the passing of your loved one due to medical negligence, please contact our advisors today by:
- Calling them on 03301230546 to sensitively discuss the passing of your loved one
- Filling out our claim online form for a callback at a time that suits you.
More Information
If you would like more information on medical negligence claims, you may access the useful guides linked below.
- Advice on how compensation could be awarded for an A&E claim.
- Information about birth injury compensation claims.
- Guidance on claiming compensation for a hospital-acquired infection.
References
- Information regarding coroners’ inquests, GOV.UK
- Access death, marriage and birth certificates, GOV.UK
- Access mental health services, NHS.UK
We appreciate you reading our guide, which explains how to claim for your loved one’s death by hospital negligence.