By Stephen Hudson. Last Updated 19th September 2024. In this guide, we discuss making a compensation claim on behalf of a loved one or family member for medical negligence resulting in death.
If a loved one or someone you were financially dependent on has suffered death by medical negligence, it may be possible to claim compensation from the party responsible for the fatal medical negligence.
We’ll discuss within this guide the criteria for bringing forward a medical negligence case on behalf of a loved one or family member who has died.
This guide also covers the different types of medical negligence that could potentially lead to death. We will also address commonly asked questions such as “what is the average payout for medical negligence resulting in death?”.
Contact Our Team
If you would like to speak to an advisor about claiming for fatal medical negligence, please get in touch with our team today. Our advisors are available 24 hours a day, 7 days a week and can offer free advice. To reach them, you can:
- Phone us on 0800 073 8804
- Use our online contact form
- Message us via our 24/7 live chat
You can also watch our video below which explains the key takeaways from our guide:
Select a Section:
- How Much Compensation Could You Receive For Medical Negligence Resulting In Death?
- Eligibility Criteria For Fatal Medical Negligence Claims
- Who Can Claim For Medical Negligence Resulting In Death?
- Examples Of Medical Negligence Resulting In Death
- Is There A Time Limit For Making A Fatal Medical Negligence Claim?
- Fatal Medical Negligence Claims With No Win No Fee Solicitors
How Much Compensation Could You Receive For Medical Negligence Resulting In Death?
So, how much compensation could you receive for medical negligence resulting in death? Whether your claim is made against a private company or the NHS, compensation payouts for death can depend on a number of factors.
Only the estate can claim on behalf of the deceased’s pain and suffering. This means that they can receive general and special damages; general damages for their suffering and special damages for the financial losses they endured before their death.
When it comes to general damages, the Judicial College Guidelines (JCG) can be used to help. This is a document that contains guideline brackets that professionals can refer to when calculating compensation.
Below, you can see some examples of these. Please note that these aren’t a representation of the average payout for medical negligence resulting in death, and that the first entry in this table hasn’t been taken from the JCG.
| Type of Harm | JCG Bracket |
|---|---|
| Fatality plus claim add-ons | Up to £550,000+ |
| Very Severe Brain Damage | £344,150 to £493,000 |
| Tetraplegia/Quadriplegia | £396,140 to £493,000 |
| Paraplegia | £344,150 to £493,000 |
| Injuries Resulting In Death - Full Awareness | £15,300 to £29,060 |
What Else Can You Claim?
Other kinds of compensation that could be claimed by the estate or by dependents might include:
- Funeral expenses
- Loss of a special person, also known as loss of consortium, which covers the lost relationships caused by the death
- Loss of services, for example, if you have to pay for childcare now because it was previously the deceased’s responsibility
- Financial dependency
- A bereavement award, as per Section 1A of the Fatal Accidents Act 1976. Certain qualifying relatives can apply for a lump sum of £15,120, which is split between all eligible claimants.
To find out more about compensation in fatal medical negligence claims, get in touch with our team today.
Eligibility Criteria For Fatal Medical Negligence Claims
If your loved one passed away due to medical negligence, you may be wondering if you could make a wrongful death claim.
First, you need to establish that medical negligence occurred. All medical professionals owe a duty of care to their patients, which means that the treatment they provide must meet a minimum standard. If they fail to meet this standard, and the patient suffers unnecessary or avoidable harm, then this is medical negligence.
The steps that professionals are required to take can vary between disciplines, but the General Medical Council (GMC) provides information on how professionals are expected to act in their Good Medical Practice.
Then, you need to be able to prove that your loved one passed away as a result of this harm. To do so, you will need evidence that proves the treatment they received was sub-standard and that this caused their wrongful death.
Only certain people can seek compensation following the death of a loved one. We’ll go into more detail about who can make a claim in the next section. Read on for more information, or contact our expert medical negligence team to find out if you can claim.
Who Can Claim For Medical Negligence Resulting In Death?
If you can establish that a loved one has died because of medical negligence, for the first six months following their death, the Law Reform (Miscellaneous Provisions) Act 1934 states that the deceased’s estate can make a claim on their behalf for their pain and suffering.
They are the only party who is able to make this type of claim. They can also bring forward a claim on behalf of the deceased’s dependents.
If no claim has been made on their behalf within the first 6 months, the Fatal Accidents Act 1976 allows certain dependents to claim for the impact the death has had on them. Some examples of dependents eligible to claim include:
- A spouse or civil partner of the deceased (current or former).
- A child, stepchild or someone who was treated as a child by the deceased.
- Aunts, uncles, siblings or cousins of the deceased.
To see whether you may qualify as a dependent or for more advice about claiming for medical negligence resulting in the death of a loved one, get in touch with our advisors for free today.
Examples Of Medical Negligence Resulting In Death
There are many ways that negligent medical treatment could lead to a fatality. However, as we’ve already mentioned, not all cases of harm will result in a valid medical negligence compensation claim. Below, you can find some examples of how a fatality could occur in a medical setting.
- Misdiagnosis of cancer: When cancer is misdiagnosed, this can allow the disease to spread to the point that it becomes untreatable.
- Delayed treatment: Similar to the above, avoidable delays in treatment can allow cancer and other diseases to spread or progress.
- Prescription and medication errors: Being given the wrong medication or the wrong dosage can result in a fatality caused by allergic reactions, overdoses, and negative interactions.
- Surgical errors: Avoidable errors during surgery can lead to death through blood loss or infection.
Contact our team of advisors today to get more information on fatal medical negligence payouts in the UK. Or, keep reading for further insight into claiming for medical negligence.
Is There A Time Limit For Making A Fatal Medical Negligence Claim?
If you are seeking compensation on behalf of a loved one for their medical negligence death, you must initiate proceedings within the time limit. Generally, this is 3 years from the date of the deceased’s passing.
Alternatively, the claiming process can be started within 3 years of the date of knowledge. This is when the harm the deceased suffered was first connected to medical negligence, such as following an inquest or post-mortem.
It is important to note that for these type of claims, only the deceased’s estate can launch the claim for the first six months following their death.
After this time, the deceased’s dependents can start a claim for how the death has impacted them.
If you have any questions about the limitation period, please contact one of the advisors from our team.
Fatal Medical Negligence Claims With No Win No Fee Solicitors
If you are interested in starting a fatal injury claim for compensation for medical negligence after a loved one was fatally harmed, one of our solicitors may be able to help.
There are many benefits to working with a solicitor on your claim; for example, they can help you collect evidence to strengthen your claim, and can also answer any questions you have throughout the claims process.
Our solicitors work under a No Win No Fee contract known as a Conditional Fee Agreement (CFA). When you work with a solicitor under a CFA, you aren’t required to pay any upfront or ongoing fees in order for them to work on your claim. Additionally, you won’t pay any fees for their work if your claim fails.
If it succeeds, your solicitor will take a success fee. This is deducted directly from your settlement award as a small percentage. However, this percentage is legally capped.
Contact Our Team
To find out if you could be eligible to work with one of our solicitors, contact our advisors today. They can offer a free consultation, through which they can answer your questions and evaluate your claim. To get started:
- Call on 0800 073 8804
- Contact us online
- Use the live chat feature
Helpful Links
- How Much Compensation Can I Claim for a Death?
- Information on What to do after a death – Citizens Advice
- How To Start a Medical Negligence Claim?
- Misdiagnosis Compensation Claims
- Medical Negligence Payout Calculator
- How Much Money Can You Get For Medical Negligence?
- Paralysis Medical Negligence Claims
Other Useful Guides
- Blackpool Medical Negligence Solicitors
- Brent Medical Negligence Solicitors
- Different Types Of Medical Negligence Claims
- How Much Compensation Can I Claim For A Misdiagnosis?
- Medical Negligence Solicitors For Leicester
If you would like to speak to an advisor about medical negligence claims, contact Legal Expert today. Using the contact details included in this guide, our advisors can answer questions you may still have regarding fatal medical negligence claims.
