By Megan Swan. Last Updated 11th June 2024. If you are wondering what the average payout for medical negligence resulting in death is, and how fatal medical negligence claims work, our guide could help provide the information you need.
We explain the duty of care a medical professional owes their patients and how death caused by failing in that duty could be the basis of a compensation claim.
You can learn who is entitled to claim for the wrongful death of a loved one and the eligibility criteria that need to be met for a medical negligence claim to be valid.
We also cover how one of our No Win No Fee solicitors could make the experience of seeking compensation following a negligent fatality straightforward.
Get in touch for more information as our advisors can offer support and a detailed case assessment, all for free. They could also connect you with one of our experienced medical negligence solicitors who have helped many eligible claimants seek fatal accident compensation.
For further guidance, you can use the contact details below:
- Phone: 0800 073 8804.
- Website: Ask about your claim online through our form.
- Live chat: Open the tab at the foot of the page.
Select A Section
- What Is The Average Payout For Medical Negligence Resulting In Death?
- What Is Medical Negligence Resulting In Death?
- Who Could Bring A Medical Negligence Claim For Wrongful Fatality?
- How Can We Help You Claim For Medical Negligence Resulting In Death?
- What Are No Win No Fee Medical Negligence Claims For Wrongful Death?
What Is The Average Payout For Medical Negligence Resulting In Death?
Following a successful fatal medical negligence claim, compensation for the deceased’s pain and suffering directly prior to their death could be awarded.
Factors that could affect how much is awarded could include:
- What fatal harm the deceased suffered.
- The level of pain and suffering they expereinced directly prior to their death.
- Their age at the time of death.
Those tasked with calculating this amount could refer to any evidence provided as well as the Judicial College Guidelines (JCG). The JCG lists guideline compensation brackets for a variety of injuries at varying severities.
We have used some of these figures when creating the following table, aside from the first entry.
Please note that this table should only be used as a guide and that there is no average payout for medical negligence resulting in death. This is because compensation is awarded on a case-by-case basis and is affected by the unique circumstances of each claim.
| INJURY | SEVERITY | COMPENSATION GUIDELINES |
|---|---|---|
| Fatality as well as additional claims | Death | Up to £550,000+ |
| Paralysis | Tetraplegia | £396,140 to £493,000 |
| Paraplegia | £267,340 to £346,890 | |
| Brain | Very Severe | £344,150 to £493,000 |
| Injuries Resulting in Death | Full Awareness | £15,300 to £29,060 |
Other Losses In Fatal Medical Negligence Compensation Claims
There are other forms of compensation that could be claimed. For example:
- Funeral costs.
- Loss of services. For example, help with childcare or home improvement work.
- Loss of a special person. Also known as loss of consortium, this payment considers the effect that losing a companion may have.
- Financial dependency. This payment looks to cover present and future earnings, pensions, or other benefits lost due to a loved one dying.
Additionally, certain qualifying relatives could receive a bereavement award. Section 1A of the Fatal Accidents Act 1976 sets the bereavement award at £15,120 which can go to the husband, wife, civil partner, or cohabiting partner of the deceased. If the deceased was an unmarried legitimate minor, their parents could receive the payment. If the deceased was an unmarried minor and illegitimate, the mother could receive the payment. More than one party can seek the award, but it will be split between them.
For any further guidance on the average payout for medical negligence resulting in death, please contact an advisor on the number above.
What Is Medical Negligence Resulting In Death?
Medical professionals owe their patients a duty of care to provide care that meets the correct standard. Medical negligence occurs when a medical professional negligently deviates from these standards and causes unnecessary or avoidable harm.
Examples could include a medical professional failing to check a patient’s medical history and providing them with the incorrect medication that they are allergic to causing them to suffer a fatal allergy. Or, they could make a surgical error by leaving a foreign object, such as a surgical tool, in the patient causing them to develop an infection leading to death.
The eligibility criteria for a medical negligence claim are as follows:
- A medical professional owed their patient a duty of care.
- They fell short of this duty by not providing care to the correct standard.
- This breach of duty led to avoidable harm.
The above criteria must be met in order for a clinical negligence claim to be valid. Call an advisor to find out whether you have valid grounds to pursue compensation on behalf of a loved one. Alternatively, continue reading to find out who could be entitled to bring forward a wrongful death claim on someone else’s behalf.
Who Could Bring A Medical Negligence Claim For Wrongful Fatality?
The Law Reform (Miscellaneous Provisions) Act 1934 (LRMPA) allows the estate of the deceased to bring forward a claim on behalf of the deceased for their pain and suffering.
The Fatal Accidents Act 1976 (FAA) provides dependents with the opportunity to claim for ways that negligent medical treatment leading to a loved one’s death affected them specifically. The FAA’s definition of a dependent includes:
- A wife, husband, or civil partner of the deceased (current or former).
- Someone who lived with the deceased as a spouse for two years before their death.
- A parent or other ascendant of the deceased, or anyone they treated as a parent.
- A child or other descendant of the deceased, or someone the deceased treated as a child, such as because of a relation through marriage or civil partnership.
- The brother, sister, uncle, or aunt of the deceased, or any of their children i.e. the cousins of the deceased.
Please call if you have questions about medical negligence claims and if you could claim after a loved one was fatally harmed by medical negligence. Our advisors offer free advice and you could learn if one of our medical negligence solicitors could help you claim.
How Can We Help You Claim For Medical Negligence Resulting In Death?
Having the support of a qualified and experienced solicitor has numerous benefits when seeking medical negligence compensation on behalf of a loved one.
There are many steps to the medical negligence claims process, and a solicitor can help you through them, including gathering evidence to build and strengthen your case to prove medical negligence and putting forward your claim in full within the relevant time limit. Additionally, they can keep you updated on the progress of your claim.
Furthermore, with their knowledge of fatal medical negligence payouts, they can work towards getting you the most suitable and appropriate settlement for your specific case.
Read on to find out more about how they can offer these services via a No Win No Fee arrangement.
What Are No Win No Fee Medical Negligence Claims For Wrongful Death?
One of our medical negligence solicitor’s dedicated services could be available to you under No Win No Fee terms through the provision of a Conditional Fee Agreement (CFA). A CFA allows you access to a solicitor’s services without needing to pay an upfront fee.
You will also not be charged ongoing fees for ongoing costs as the solicitor works on your claim. Should the case end unsuccessfully without you receiving a payout, the solicitor will not charge for their services.
A solicitor will take a success fee if the case wins. They collect a small percentage of the compensation you receive. However, a legal cap on the percentage they can take as set out by The Conditional Fee Agreements Order 2013 guarantees you the majority of your payout.
If you’d like to learn more about how a No Win No Fee solicitor can help you with your fatal medical negligence claim, please call. We can provide a free claim assessment so you can see if one of our solicitors could help you towards a successful claim.
You may have some more questions about fatal medical negligence claims. Alternatively, you might be ready to claim for medical negligence resulting in death and want to see if one of our expert solicitors could take on your case. Whether you need advice or specific guidance, get in touch with us for free legal advice. We can be reached easily and at any time through one of these avenues:
- Call 0800 073 8804.
- Write to us about a claim online so we can call you.
- Talk online through the live chat option below.
Other Resources
These guides provide further medical negligence claim guidance:
- This guide to drug allergic reaction claims explains when you can claim for the effects of being given the wrong medication because of negligent medical treatment.
- Find out how to claim for the effects that could occur from stroke misdiagnosis by a medical professional.
- A guide explaining how to sue a doctor for pain and suffering they caused through negligent care.
These resources may also help:
- NHS guidance on grief after bereavement and help you can get.
- Details on applying for probate from the government website.
- How to get support from Cruse, a bereavement charity.
Thank you for reading our article on the average payout for medical negligence resulting in death. Just call or get in touch online if there’s anything else we can help with.
