Types of fatal medical negligence
Although very rare, sadly death due to medical negligence does happen. Our knowledgeable solicitors have many years’ experience helping families claim compensation.
The types of fatal medical negligence claims we’ve dealt with include:
- Delayed hospital referral – on presentation of an acute condition e.g. brain haemorrhage, heart attack or pulmonary embolism.
- Delayed diagnosis – delay in diagnosing acute infection, such as meningitis or sepsis, or delayed treatment of cancer or another illness where there could have been an earlier intervention.
- Delayed surgery – failure to provide emergency surgery or care, where there has been presentation of an acute condition.
- Surgical negligence – mistakes on the operating table such as perforation or damage to internal organs that is difficult to repair.
- Fatal medication errors – catastrophic drug errors caused by incorrect medication or incorrect doses being dispensed to a patient.
- Negligence during childbirth – leading to a stillbirth or death of the mother.
Who can claim compensation for death due to medical negligence?
Generally, we’re instructed by close family of the deceased. Often this is a surviving spouse or other next of kin such as a parent, sibling or child.
If there was a Will appointing an executor at the time of death, they can bring a claim on behalf of estate and apply for a grant of probate, which is needed for Court proceedings. If there was no Will, the person representing the deceased can bring a claim but will need take out a grant of Letters of Administration instead.
Types of compensation for fatal medical negligence
Compensation for pain and suffering
The Court looks at the pain and suffering experienced by the deceased before they died, which can be limited and low value, particularly if death was sudden following a short illness. For bereaved families, the award for pain and suffering does not really compensate adequately for the loss of life and loss of expectation of a life for the future, especially for a young adult.
Bereavement damages
There are specific categories of claimant who can recover damages. Payments are normally limited to the spouse or civil partner of the deceased. If the deceased was under 18 and unmarried, a parent may be able to make a claim. The amount of this award is fixed by law and reviewed from time to time.
Funeral expenses
Compensation for the cost of the funeral and other reasonable associated expenses.
Claims for dependents
If you’ve lost a spouse or partner who you relied on financially, you’re considered to be “a dependent” and there are often serious financial implications for you to cope with in addition to the emotional turmoil.
It’s possible to recover compensation for loss of dependency, including dependency on income and dependency for services, e.g. care and assistance. While damages can never properly compensate for such a devastating loss, they can help provide for your future needs, particularly if you’re now the sole parent to a young family.
Claims for trauma
The law regarding who can claim compensation for trauma following a death is complex.
In wrongful death claims involving the death of a baby, the mother’s claim will generally be straightforward as she was directly involved in the negligent events, but it’s not always so for a claim involving the father because the law classes a family member as a secondary victim of the events.
For the same reason, trauma compensation for family members can be difficult to prove unless the circumstances are exceptional because they must have been present and witnessed the events causing the death.
Support and guidance through inquests
Following an unexpected and sudden death in hospital, it’s common for a Coroner to be involved and an inquest may be held to investigate the cause of death. This can be a daunting and emotional process, particularly in a medical context, because without specialist knowledge, it can be hard to understand what errors were made.
We have the experience and understanding to support you through the inquest process and give you access to leading independent specialists to investigate whether medical errors caused your loved one’s death. You may also be able to secure medical records if they’re available, which can provide expert evidence and may be useful in formulating questions to be raised at an inquest.
Our expert medical negligence solicitors can represent you at the inquest, or, through our longstanding connections with leaders in this field, we can arrange for you to be represented by a specialist barrister.
Why choose us for your fatal medical negligence claim?
- Supportive and understanding approach – we know this process can be incredibly emotional, so we’re dedicated to making it as painless and straightforward as possible for you.
- Proven winning record – we have a strong track record of recovering significant compensation for death due to medical negligence.
- Accredited specialists – our expert team includes solicitors who are members of AvMA and The Law Society’s medical negligence panels.
- Strong links to medical experts – we have excellent connections to clinical specialists who can advise on the complex intricacies of fatal medical negligence claims.
- Senior oversight – one of our experienced medical negligence partners will supervise your claim, so you can feel confident you’re in safe hands.
Our experience with fatal medical negligence claims
- £100,000 to the family of a patient who died at home from a pulmonary embolism after he had called the ambulance service complaining of breathlessness. The Ambulance Trust negligently failed to take the patient to hospital by ambulance as an emergency.
Contact a medical negligence solicitor
If you’d like to seek compensation for a death caused by medical negligence, call us now on 0800 316 8892 or contact us online. We offer a free consultation, with no obligation to go any further after this initial meeting. We represent clients nationwide from our offices in Birmingham, Bristol, Cardiff, London, Manchester, Southampton and Taunton.
