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.
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
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.
