Compensation Claim for Death Caused by Medical Negligence

All healthcare providers have a legal duty of care to patients, which includes treating them with respect, assessing any symptoms, providing a diagnosis and treating the individual (GOV.UK).

If a doctor, nurse or other medical professional acted negligently and it resulted in a loved one’s death, their next of kin have every right to claim compensation.

Nicola Laver, LLB

While many patients receive a high standard of treatment in the UK, research published by Imperial College London highlights the country’s low ranking for patient safety compared to other countries in the Commonwealth.

• Medical professionals (including nurses, doctors and healthcare assistants) owed the deceased patient a duty of care.
• The duty of care was breached, resulting in avoidable harm or complications.
• The patient died as a result of this breach.

In order to make a medical negligence death claim, one or some of the following should apply:

• A civil partner or spouse – including current and former
• You lived as spouses with the individual for a minimum of two years before their death
• You’re a child of the deceased individual, or they treated you as their child
• You’re the parent or legal guardian of the deceased
• You’re another relative of the individual (e.g. an aunt, uncle, or sibling)

Fatal medical negligence cases differ, and the compensation awarded depends on multiple factors, including how the negligence occurred and its impact.

We also need to factor in decreased life expectancy, where negligent medical care might not immediately result in the person’s death, but it will lower the expectancy below what would be expected.

Special damages, including financial losses, travel expenses, and anything else caused by medical negligence, are also included in the solicitor’s calculation.

To claim for a fatality due to medical negligence, you’ll need to prove that the healthcare professional or facility was at fault. The best way to determine your eligibility is to use the online form or phone 0800 234 6438 for free legal expertise.

If the advisor believes you could make a medical negligent death claim, they’ll refer you to specialist solicitors who will attempt to secure compensation.

When someone dies due to medical negligence, it can cause a variety of financial difficulties for their spouse, dependent or other family member. Opting for a traditional solicitor means you’ll have to factor in the professional’s hourly rate, and there’s no guarantee of securing compensation.

Claiming on a no win no fee basis means you don’t have to worry about any upfront fees, as the solicitor only receives money if they secure compensation. They’ll take their rate out of any compensation awarded, and you’ll receive the rest of the money.

As with personal injury claims, wrongful death claims have a three-year time limit, it’s always a good idea to claim ASAP because the process can take a while, especially if both parties fail to reach an agreement.

Initiating your wrongful death claim immediately gives your solicitor enough time to gather evidence and put forward a strong case.

Your medical negligence solicitor will collect evidence to prove your case, but it’s also a good idea to gather any evidence available yourself. Not only does this make the solicitor’s job easier, but it can also speed the claim along and ensure you receive compensation.

The following types of evidence are most important for medical negligence claims:

• Medical Records: The deceased’s medical records can clearly outline any treatment they received, where the errors occurred and how the negligence contributed to their death.
• Specialist Opinions: Your solicitor might also ask an independent expert to assess the case and provide a medical opinion based on their findings.
• Coroner’s Report: There will be a coroner’s report, which will detail the cause of death and any complications the person suffered.
• Visual Evidence: If your loved one sustained injuries before their death, visual evidence (such as photos and videos) can be beneficial.

Multiple forms of clinical negligence can lead to fatalities, but some are more common than others. All have one thing in common, though: they result from poor care for healthcare professionals or facilities.

Doctors must refer patients for tests and assess their symptoms to ensure a prompt and correct diagnosis. The healthcare professional could be negligent if a medical misdiagnosis occurs and the condition advances.

For example, if someone visits their GP with symptoms of cancer and the doctor fails to refer them for the appropriate tests, putting their symptoms down to something less serious, it might have rapidly progressed before they even receive a diagnosis.

Treatment errors can happen when a doctor fails to read the patient’s medical notes properly and identify any potential reactions to prescription errors from the pharmacy.

Any mistake can cause negative health consequences, including fatalities. Failing to identify the need for a specific treatment can also be classified as an error.

Mistakes are also common during surgical procedures, including when the surgeon performs a procedure on the wrong body part or damages the organs.

Anaesthetists can also be negligent if they don’t monitor the patient during their surgery or administer a sedative that causes a severe reaction. Unfortunately, most surgical errors are avoidable, and knowing that a loved one’s death was caused by a mistake can be devastating.

If your loved one received treatment from their GP or a regular hospital, the NHS Resolution Service will pay their compensation. Wherever possible, NHS Resolution will attempt to settle the case outside of court, and your solicitor will attempt to secure the maximum compensation possible.

Claims against private facilities work differently, as the negligent party’s insurance provider handles the compensation.

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