Fatal Medical Negligence Claims
Claim Compensation for Fatal Medical Negligence
If a family member dies as a result of negligent medical care, our expert solicitors can guide you compassionately through the claims process.
Stephanie Prior Partner
Expert support for medical negligence death compensation
This page will help you understand what your options are and answer many of your questions. You will learn more about our experience in fatal medical negligence claims, and what you can expect from our lawyers. Finally, you can find out how we have helped other families achieve high-value compensation awards following a death by medical negligence.
Specialist medical knowledge and understanding
By choosing Osbornes Law, you will have a professional and understanding team in your corner that will work tirelessly to help you get the answers and compensation you are looking for. Our team is led by Stephanie Prior, who before becoming a lawyer, worked within the NHS as a nurse. This means that Stephanie knows NHS procedures inside and out, is fluent in medical terminology and is able to spot inconsistencies in medical records. Our specialist solicitors are also members of the Action Against Medical Accidents and the Law Society’s panel for medical negligence solicitors.
Medical fatality claims and coroner’s inquests
While most healthcare practitioners work to very high standards, sometimes a mistake can happen and a patient will tragically lose their life. This will be an incredibly traumatic experience for the family and friends of the deceased. With any death due to medical negligence, you may be owed compensation from the NHS or private practitioners to help reduce the financial burden, and offer some sense of justice.
We have dealt with complex medical fatalities for over 40 years now. Our involvement can not only help you to get the compensation you need but also make sure that the same mistake does not happen to anyone else.
We can also provide assistance with Coroner’s Inquest hearings. These hearings are an opportunity for bereaved families to ask questions, get answers, and gain a sense of closure.
If you have lost a loved one due to fatal clinical negligence, please contact our expert team today.
For a free initial conversation call 020 7485 8811
Email us Send us an email and we’ll get back to you
Fatal medical negligence claims FAQ
What are fatal medical negligence claims?
If a clinician makes a mistake and the patient dies as a result, the family of the deceased may be able to make a claim for compensation. The test is whether the medical professional failed in their duty of care to the patient. Usually, this means the clinician has gone against standard operating procedures, practices and advice.
Common medical negligence death cases include:
- Errors made in surgery that could have been prevented if something had been done differently
- Surgery that took place when it wasn’t actually required
- Delayed diagnosis so the condition was no longer treatable
- Misdiagnosis of a condition which meant the real condition wasn’t treated
- Negligent care in a hospital or care facility
- Medication errors where the patient was given incorrect medication that caused their death
- Childbirth errors which led to the death of the mother or baby
A medical death in any scenario will usually open up the possibility of a compensation claim. Please call us as soon as you are able to discuss your situation.
Who can bring a fatal medical mistakes claim?
In theory, any close family member who suffers as a result of the death can claim for medical negligence compensation. However, it is usually the children, spouse or civil partner of the deceased who will bring the claim. Dependents who relied on the deceased for financial support can claim for the financial losses they suffer as a result of their loved one’s death.
Are there any time limits to bringing a fatal medical negligence claim?
In most cases, you must start your fatal injuries compensation claim within three years of the date of the negligent medical treatment. If you do not immediately link the death to the actions of medical staff, then the three-year time limit will start to run on the date you learn about the medical mistake.
With any medical negligence claim, it’s important to seek legal advice as soon as possible. This will give us plenty of time to take some early steps, such as making a complaint to the NHS or medical practitioner concerned. Medical professionals are bound by what is called the ‘duty of candour.’ This means they must be open when things go wrong and apologise, which can be used to secure an early admission of liability.
How much compensation for medical negligence resulting in death?
Receiving compensation will not bring your loved one back, but it can help protect you against the financial consequences of their death. We work out how much compensation you will get based on a number of things including:
- Loss of your loved one’s salary and benefits
- The pain and suffering your loved one may have experienced before death
- Funeral costs
- Medical expenses
Everyone’s situation is different. With over 40 years of experience in negotiating fatal medical negligence claims, we’ll make sure your compensation covers your needs so your family will be financially secure in the future.
What happens at a coroner's inquest?
When someone dies, a doctor will issue a certificate stating the cause of death. In some rare cases, however, a coroner may launch an inquest into the circumstances of the death. This might happen if the death occurred during surgery, or the death had no explainable cause. The purpose of the inquest is to find out why and how the person died.
For relatives of the deceased, a coroner’s inquest is often a highly emotional experience. Taking a legal representative to the hearing will ensure that the right questions are asked so you get the answers you are looking for. This will help you come to terms with what happened, and it can also help to gather important information regarding a potential medical negligence claim.
In some circumstances, a coroner is able to make factual findings of failures in the care or treatment of your loved one. These findings can be helpful if a family chooses to pursue a claim for compensation.
"Jan Atkinson, with her steely, steady, calming presence, instils confidence in the most highly-strung of us clients. With her masterful knowledge of the law, old and new, and its application, Jan can navigate through the most complex of cases to a successful end."
Always available, reliable, professional and made the the legal system clear
"I would highly recommend Osborne Law to anyone going through a divorce. I worked with David Leadercramer and Kesha Pabari - both of whom I couldn't recommend enough. I worked particularly closely with Kesha who's really empathetic and human approach to working was hugely appreciated in really stressful times."
"Stephanie shows sensitivity and deals with things in an understanding way."
The social housing department provides an excellent service and is able to react quickly in critical situations.
Why choose Osbornes as your clinical negligence solicitor?
You only have one opportunity to make a claim so it is vital that you get the very best representation.
Osbornes Law is recognised as one of the top firms in the medical negligence field. Many of the families we help want answers, and they want to stop similar tragedies happening to other people. We can guide you through the official complaints process, as well as handling your compensation claim.
When you contact Osbornes Law, our specialist medical negligence solicitors will assess your claim and tell you whether you have a medical negligence claim. We will advise you on what happens next and the timeline of your claim. All of this is done on a no win no fee basis, meaning you have no financial risk.
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Medical Negligence Team View the whole team
Rob Aylott Partner
Ben Posford Partner
Stephanie Prior Partner
Elline Demetriou Solicitor
Nicholas Leahy Solicitor
Jodi Newton Senior Associate
Medical Negligence Expertise:
- Birth Injury Claims
- Brain Injury Claims
- Cardiac Arrest and Heart Disease Claims
- Care Home Claims & Nursing Home Claims
- Cancer Diagnosis Claims
- Cerebral Palsy Claims
- Fatal Injury Claims
- GP Negligence Claims