Fatal Medical Negligence Claims

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.

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 negligence 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.

What legal support is available for bereaved families?

There are two key pieces of legislation that govern the support available to bereaved families:

• The Law Reform (Miscellaneous Provisions) Act 1934
• The Fatal Accidents Act 1976.

The Law Reform Act allows the deceased’s estate to claim for pain and suffering, loss of income, funeral expenses, and services like nursing care. The Fatal Accidents Act enables dependents to claim for financial losses, bereavement damages (fixed at £15,120), funeral expenses paid by the dependents, and loss of consortium. A dependent broadly, including spouses, civil partners, long-term cohabitants, parents, children, and others who were financially reliant on the deceased. Dependents must demonstrate the likelihood or reality of financial loss due to the death. Additionally, bereaved families can claim Bereavement Support Payment.

Find out more about the legal support available to bereaved families here.

Why choose Osbornes as your fatal negligence solicitor?

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.

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 from happening to other people. We can guide you through the official complaints process, as well as handle 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.