Could You Claim For Death By Hospital Negligence?

By Stephen Hudson. Last Updated 7th August 2024. If a loved one received negligent treatment while in the care of a hospital that led to their death, this guide explains who could make a compensation claim for their death by hospital negligence.

If someone you love has passed away due to fatal harm caused by a medical professional failing to provide the correct standard of care, you can learn who can claim on behalf of the deceased for their pain and suffering before they passed and what family members could receive compensation if they were dependent on the deceased.

As well as looking at the wrongful death claim process, we look at the time limits in which such claims need to be initiated within the courts and how medical negligence payouts are calculated for negligent medical treatment.

Going through the legal process may be particularly difficult for people who are having to adjust to losing someone close to them. With that in mind, the guide ends by noting how our No Win No Fee solicitors can help a medical negligence claim proceed smoothly.

If you have any questions or want to discuss whether you can pursue a wrongful death claim for compensation, our team of advisors can provide a free and confidential consultation. To reach us, either:

• Call 0800 073 8804.
• Visit the ‘claim online’ section of our website to arrange a call.
• Open the live chat tab at the foot of the page.

Select A Section

1. How To Claim For A Death By Hospital Negligence
2. When Can I Claim For A Death By Hospital Negligence?
3. What Could Be The Cause Of A Hospital Negligence Death?
4. Could You Sue The NHS For A Death Caused By Hospital Negligence?
5. How Much Could You Claim For Fatal Hospital Negligence?
6. Why Choose Us For A No Win No Fee Medical Negligence Claim

How To Claim For A Death By Hospital Negligence

Keep two pieces of legislation in mind when considering whether a claim due to death by hospital negligence is eligible. 

Firstly, the Law Reform Miscellaneous Provisions Act 1934 (LRMPA) explains that the deceased’s estate can recover damages for the pain and suffering the person experienced before they died. In the first six months after the death of the deceased, only the estate can put forward a claim on behalf of the dependants when it is claiming for the injury suffered by the deceased.

If no claim is brought by the deceased’s estate within the first 6 months, the dependants can then proceed to make their own claim for the effect the death has had on them. However, it is only the estate that can make a personal injury claim for the pain and suffering on behalf of the deceased. 

The Fatal Accidents Act 1976 (FAA) allows qualifying relatives to claim compensation if they were financially dependent. This will cover any financial dependency they had on the deceased for funeral expenses and bereavement, meaning how the death affected them.

Any of the below may be able to claim as a bereaved dependent:

• A husband, wife or civil partner. This could also include an ex-partner.
• Someone who lived with the deceased as their spouse for at least two years before their death.
• The deceased’s parents, or someone they regarded as a parental figure.
• Their child or other descendant, including someone they treated as their child, like a stepchild.
• A sibling, aunt or uncle of the deceased.

You could instruct one of our expert medical negligence solicitors to help you through the medical negligence claims process, whether you’re seeking compensation alone or alongside other dependants.

A specialist solicitor can use their experience of the process to ensure each step is followed correctly while keeping you updated throughout.

To learn more or ask whether you can claim for medical negligence resulting in death as a dependent, please call the phone number above and speak to an advisor.

How Long Do You Have To Claim For A Death By Hospital Negligence?

The time limit for fatal medical negligence claims is usually three years. The exact start time for this time limit will depend on certain circumstances. It may start from either the date the affected person died or from the date of knowledge.

The date of knowledge may be formed on the date of an inquest or the date of a postmortem. That’s because it may not be until an inquest or postmortem takes place that the deceased’s family receives confirmation that death by hospital negligence occurred.

For more advice about your eligibility to claim on behalf of a loved one who died due to hospital negligence, you’re welcome to contact our advisors for free today.

When Can I Claim For A Death By Hospital Negligence?

The LRMPA states that the deceased’s estate is the only party that can claim in the first six months after they pass away. The estate can claim on behalf of dependents, as well as in light of the deceased’s suffering.

Once six months pass, dependents can launch their own claim for the impacts the death has had on them, this can include financial impacts and loss of consortium, but only if there has been no claim from the estate.

However, only the estate can claim for the pain the deceased experienced before death. Dependents are meanwhile able to seek compensation for the way the death affected them personally.

What Could Be The Cause Of A Hospital Negligence Death?

To be able to claim for death by hospital negligence, it will need to be proven that the deceased was fatally harmed due to the medical professionals working within the hospital failing to adhere to their duty of care.

There are various ways that someone could be fatally harmed within a hospital due to medical professionals breaching their duty of care. Some examples include:

• A surgeon is not paying attention during an operation, causing them to puncture a vital organ and resulting in the patient dying from blood loss.
• Hospital staff fail to recognise or acknowledge the clear signs of sepsis within a patient, meaning that the patient does not receive treatment in time, causing the sepsis to spread and they die.
• Nursing staff within a hospital administer too much of a medication to a patient, causing them to overdose and be fatally harmed.

These are only a few potential examples of scenarios where a hospital negligence death claim could be made. If you have any questions, you can contact one of the members on our advisory team.

Could You Sue The NHS For A Death Caused By Hospital Negligence?

Regardless of whether the death by hospital negligence happened in an NHS-led hospital or at a private healthcare provider facility, compensation can be sought if the claim is valid.  Any healthcare professional such as a:

• Nurse.
• Doctor.
• Surgeon.
• Anaesthetist.
• Specialist.

All have a duty of care to look after their patients. If they fail to uphold this duty by not giving the correct standard of care, and this leads to a death, it could be classed as medical negligence. This could mean an eligible wrongful death claim is possible.

A claim could be made against the NHS if negligent medical treatment occurred in an NHS hospital or other facility. It is similarly feasible to sue a private hospital for fatal medical negligence.

Please call if you are unsure whether you can claim for a death by hospital negligence and the actions of medical professionals. Our advisors can talk you through how the claims process works and assess the potential medical negligence death claim for free.

How Much Could You Claim For Fatal Hospital Negligence?

You may be wondering what you could receive if the claim for medical negligence resulting in death is successful.

Fatal medical negligence compensation can address several financial implications and other factors. Section 1A of the FAA confirms a fixed bereavement award of £15,120 can be paid to the deceased’s husband, wife, civil partner or spouse who had lived with them for their final two years, or longer. Alternatively, the figure could go to the parents of an unmarried minor. The award is split between each person who claims it.

Payments that could also be included are:

• Dependency. If a family member was dependent financially on the deceased such as a spouse or child, they will be awarded compensation to account for this loss. This aims to cover present and future earnings, pensions or benefits lost due to the fatality for family members.
• Loss of services, such as childcare and home improvement.
• Funeral expenses and funeral costs.
• Loss of consortium, otherwise known as loss of a special person. A monetary value cannot be placed on losing a loved one, but this payment tries to account for the effect the loss of companionship could have.

Furthermore, as previously stated, the estate can claim for the physical and mental harm caused to the deceased before their death by the hospital’s negligence. 

The table below shows guideline compensation brackets for various injuries, taken from the Judicial College Guidelines (JCG.) Those involved with calculating medical negligence compensation for a claim may use the JCG for guidance as well as medical records or any other medical evidence. 

Compensation Table

This table, featuring JC guideline brackets, should only be used as a guide or alternatively, you could use our medical negligence claim calculator. The actual award will vary from case to case. Please note that the top entry is not from the JCG.

Our advisors assess fatal medical negligence claims for free. If, as a family member, you want to seek compensation in a wrongful death claim, call today for free.

Why Choose Us For A No Win No Fee Fatal Medical Negligence Claim

Our solicitors have years of combined experience in helping bereaved people with the medical negligence claims process.

If you have a valid claim as a dependent, you could sign a Conditional Fee Agreement with a medical negligence solicitor. This is a form of No Win No Fee contract that means you will not be charged a solicitor fee upfront or during the claim. Losing the case means your solicitor will not pass on the costs of pursuing your claim.

Should you win the case, your solicitor collects a success fee, which is a percentage of the payout you receive. Due to The Conditional Fee Agreements Order 2013, there is a set legal cap on how much of a percentage they can capture.

Contact Us

Whether you have questions about how much compensation can be awarded for a medical negligence claim or want to get a compensation claim for fatal medical negligence started, we are ready to help.

Our medical negligence team of claims advisors have plenty of relevant guidance about making a medical negligence claim and information to help you with your next steps. They can answer any clinical negligence claim questions you might have.

If we discover you have grounds to claim clinical negligence compensation following a loved one’s death caused by hospital negligence, you could be connected quickly to one of our medical negligence solicitors. A solicitor could share even more guidance about the claims process.

Speaking to us is free and although we make the process of starting a claim very straightforward, there is no obligation to do so. Learn more today by either:

• Calling 0800 073 8804.
• Write to us about your claim online so we can get back to you.
• Use the live chat pop-up below.

Further Resources

Learn more about the wrongful death claims process here:

• How much compensation can you claim for a wrongful death? This guide explains claims for a fatal accident in detail.
• A close review of who can claim compensation under the Fatal Accidents Act (FAA.)
• Our guide to care home negligence death claims notes how a No Win No Fee solicitor could help.

These further resources may be of help:

• Support from the NHS on dealing with grief and the loss of a loved one.
• Citizens Advice explains what to do after a death and when a coroner is needed.
• Government guidance on applying for probate, the legal right to handle a person’s estate after they die.

Thank you for reading our guide to claiming compensation for a death by hospital negligence. If we can help with your claim against a hospital, please get in touch today.