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Death Due To Medical Negligence Claim

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Death Due To Medical Negligence Claim

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About

Death due to medical negligence, also known as wrongful death, is when a healthcare professional (or several healthcare professionals) fails to provide the expected level of care, leading to fatal consequences. This can happen because of mistakes in treatment, surgery, or medication. In the event of death due to medical negligence, the family or loved ones of the deceased may seek compensation. For a claim to be successful, it must be proven that the healthcare provider's negligence directly caused the death and they they didn't meet the required standard of care. Compensation can cover financial losses like loss of future earnings and funeral costs. Sometimes, damages can also be sought for emotional pain and suffering. A medical negligence solicitor can help individuals make a death due to medical negligence claim, often on a no-win, no-fee basis. Next steps

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Death Due To Medical Negligence

Losing a loved one is incredibly difficult, especially when a death is due to medical mistakes. 

If you suspect that your relative didn’t receive proper care from a UK medical professional, and that error or clinical negligence might have played a role in their passing, you might be eligible for compensation due to medical negligence leading to death. 

death-due-to-medical-negligence

While we understand that no amount of money can bring back your loved one, pursuing a claim can provide a sense of justice in the event of a preventable loss of a loved one due to a lack of timely medical intervention. 

At Lawhive, we have a team of dedicated medical negligence lawyers who work on behalf of clients to win these types of claims.

If you would like to find out more about how we can help with your case and secure the compensation you rightfully deserve, please get in touch with our legal assessment team for a free, no-obligation case assessment.

In this guide, we’ll talk about how you might go about claiming compensation for a death caused by medical negligence.

Can I claim compensation if my loved one has died because of medical negligence? 

Yes, if your relative has died due to medical negligence, you have the right to seek compensation for their wrongful death. 

Every medical professional in the UK is legally bound to provide a level of care that any reasonable and skilled professional in the same field would offer. If this duty is breached, resulting in the death of a patient, it can form the basis of a death due to a medical negligence claim. 

Often, when clinical negligence has led to the tragic loss of life, we work with family members of the deceased, such as their surviving spouse, parent, child, or siblings.

How do I make a claim for death by medical negligence?

There are two key aspects to a claim for death caused by medical negligence. You can: 

  • Claim on behalf of the estate for any pain and suffering a loved one experienced before their passing; 

  • Claim for the financial impact the loss of your loved one has had on the family.

To start a claim, get in touch with us for a free, no-obligation case assessment. Our team of legal assessment specialists will listen to the details of your case and provide you with the information you need to move forward as and when you're ready.

If you do decide to go ahead, we’ll assign a specialist medical negligence solicitor to your case who will work closely with you to secure the compensation you rightfully deserve. To help with this, you may be asked to provide: 

  • Details of everyone who might be entitled to compensation including beneficiaries of the estate, dependents of the deceased, and recipients of a bereavement award;

  • Evidence of dependency like bank statements, bills, or witness statements; 

  • Details of what happened to your loved one. 

We understand that talking about the situation may be very difficult. Our specialist solicitors will go at your pace and thoroughly investigate your claim to get to the bottom of what happened if a medical professional’s negligence led to the death, and what compensation may be due as a result. 

Claiming on behalf of the estate

A claim on behalf of the estate can be started on behalf of the deceased person following their death. It is usually the executors, as named in the deceased’s will, who file a compensation claim of this nature. Or, in the absence of a will, a family member can apply to become an administrator of the estate, which gives them the authority to bring a claim on behalf of the estate. 

This type of claim aims to seek compensation for the pain and suffering a loved one went through leading up to their death, as well as any losses incurred due to negligent treatment, such as loss of income.

If you are the named executor in the deceased's will or the court-appointed administrator of the estate, you should first consult with a solicitor experienced in medical negligence claims. They will assess the claim's viability and guide you through the legal process.

Your solicitor will also gather evidence of medical negligence, including medical records, expert opinions, and any other relevant documentation, and draft and send a Letter of Claim to the healthcare provider or NHS Trust responsible for the alleged negligence. This letter will outline the details of the claim, including the alleged negligence and the damages sought.

If liability is admitted, your solicitor will negotiate a settlement. If an agreement cannot be reached, court proceedings may be initiated. The case may be resolved through a settlement agreement or a court judgment.

Claiming on behalf of the family 

Family members of the deceased also have the right to seek compensation on their behalf following death due to medical negligence for the bereavement and loss they’ve experienced. 

In these cases, compensation may be available to cover any financial impacts on the family resulting from the death of their loved one. Family members who were also financially dependent on the deceased can also claim damages to help cover their financial losses. In some cases, a claim may also be made for expenses incurred due to a loved one’s death, such as funeral expenses. 

For this type of claim, a solicitor will prepare and send a Letter of Claim to the responsible party, outlining the details of the claim, including the negligence alleged and the damages sought.

Similar to the process for claims on behalf of the estate, negotiations or court proceedings may follow. The case may be resolved through a settlement agreement or a court judgment.

When can you make a death due to medical negligence claim?

If a death was caused by the negligence of a healthcare professional, you can pursue a claim for medical negligence. 

Typically, a claim for medical negligence resulting in death must be made within three years from the date of the negligent act or within three years from the date you became aware (or should have become aware) that the death resulted from negligence. This is known as the limitation period. 

If you only find out about the negligence or its connection to the death later on, the three-year limitation period might start from the date you became aware of it. 

For a successful claim, it must be proven that the death was a result of healthcare professional negligence. This involves showing that the standard of care provided was below what is reasonably expected and that this negligence directly led to death. 

What types of claims are covered under death by medical negligence?

Claims related to death by medical negligence can be varied but are often valid where a healthcare professional's negligence or malpractice contributes to or causes a patient's death.

Some examples of death by medical negligence claims include:

  • Misdiagnosis or delayed diagnosis

  • Surgical errors

  • Medication errors

  • Infections and hospital-acquired infections

  • Failure to provide timely treatment

  • Failure to provide appropriate care

  • Negligent aftercare

  • Failure to monitor or recognise warning signs of deterioration

  • Anaesthesia errors

  • Birth injuries

These examples highlight the diverse circumstances under which a medical negligence claim related to death may arise. Each case is unique, and the specific facts and evidence surrounding the death will determine the viability of a legal claim.

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Can you sue the NHS for wrongful death? 

sue-nhs-for-wrongful-death

Yes, it is possible to sue the NHS (National Health Service) for wrongful death if the death was caused by medical negligence or malpractice. 

The NHS is a publicly funded healthcare system, and you have the right to pursue compensation if you believe that the standard of care provided by it or its healthcare professionals fell below an acceptable level, resulting in a patient's death.

How long do you have to make a wrongful death claim?

The time limit for making a wrongful death claim is generally three years from the date of the deceased person's death. This time limit is set by the Limitation Act 1980, and it applies to claims arising from personal injury or death, including those resulting from medical negligence or other forms of negligence.

In certain exceptional circumstances, the court may consider extending the time limit, but such extensions are rare. It's generally advisable to initiate a wrongful death claim well within the standard three-year period.

How much compensation could I get for a death due to medical negligence?

How much compensation you might get for a death due to medical negligence is complicated. It can depend on various things like what went wrong, how it affected the person who passed away and the losses experienced by the family left behind. 

Therefore, the amount of compensation can vary quite a bit, usually falling somewhere between £12,000 and £300,000 on average. But this is just an average and is not reflective of how much compensation you may be able to claim for death due to medical negligence. Every case is different, and compensation is based on the specific details and losses involved. 

Throughout a claim, experts like medical and financial professionals may be consulted. Their job is to assess how much the negligence impacted the individual and their family and calculate the appropriate amount of compensation. 

If you’re thinking about claiming death due to medical negligence, it’s really important to talk to a solicitor. They can give you a better idea of the strength of your claim and what you might be entitled to based on your situation. 

Can I make a no-win, no-fee claim for death due to medical negligence

Yes, you can make a no-win, no-fee claim for death due to medical negligence. 

In the tragic event of a family member or loved one passing away due to medical negligence, our goal is to help our clients seek justice for the losses, pain and suffering they’ve experienced. 

We recognise that making a claim can feel daunting at such a difficult time, particularly when it comes to costs. To empower individuals to pursue a compensation claim for death due to medical negligence, our solicitors can provide support on a no-win, no-fee basis as part of a Conditional Fee Agreement (CFA). This means that if your claim doesn’t succeed, you won’t be charged any fees. Our approach to no-win, no-fee claims for death due to medical negligence aims to take away the financial burden during this challenging period and help you access justice for your family and lost loved one. 

Get support for the death of a loved one

Experiencing the death of a loved one is an incredibly challenging and emotional time. There are lots of sources of support available to help you cope with grief and navigate the practical aspects that arise following a death, such as:

Bereavement Support Organisations

Numerous organisations in the UK provide support and resources for those grieving the loss of a loved one. Examples include Cruse Bereavement Care, Sue Ryder, and the Bereavement Advice Centre.

Local Bereavement Services

Many local communities have bereavement support services, counselling services, or hospices that offer support groups, counselling, and other resources for individuals and families dealing with loss.

Your GP (General Practitioner)

If you are struggling with grief, don't hesitate to reach out to your GP. They can provide guidance, support, and may refer you to appropriate mental health services if needed.

NHS Bereavement Support

The NHS provides information and resources on coping with bereavement. You can access support through your GP or local NHS services.

Funeral Directors

Funeral directors often have information on local support services and may offer guidance on practical matters related to the death, such as funeral arrangements.

Counselling and Therapy

Consider seeking the support of a professional counsellor or therapist specialising in grief and bereavement. They can provide a safe space to express your feelings and navigate the grieving process.

Helplines

Helplines such as the Samaritans (116 123) provide confidential emotional support for those going through difficult times, including grief.

Online Support Groups

Online platforms and forums, including social media groups, offer spaces for individuals to connect with others who have experienced similar losses. Cruse Bereavement Care, for instance, provides an online community.

Employer Assistance Programs:

Some employers offer Employee Assistance Programs (EAPs) that provide support services, including counselling, for employees dealing with personal challenges such as grief.

It's important to recognise that grieving is a unique and individual process, and there is no right or wrong way to grieve. Seeking support is a positive step, and there are professionals and organisations ready to assist during this difficult time. Don't hesitate to reach out for help when needed.

How Lawhive can help

Here at Lawhive, our expert medical negligence solicitors are here to guide you through what we know may be a tough and emotional journey. Get in touch with us today and we can provide you with a free case assessment, including a discussion about the strength of your case and compensation factors. Complete our quick and easy form to get started. 

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