Losing a loved one is one of the worst experiences a person can go through, but harbouring the feeling that their death was due to medical negligence and should have been avoided can make their passing all the more devastating. If you have any questions about the treatment your loved one received prior to their death, or you witnessed medical negligence that you believe resulted in their death, you may be entitled to claim compensation on behalf of their estate or surviving relatives.
When Can Death By Medical Negligence Claims Be Made?
Whether a patient is attending their GP surgery for a routine appointment or is being admitted to hospital for surgery, their doctor, surgeon or healthcare team has a duty of care as long as they are a patient under their care. When the actions of a healthcare provider fall below the expected standard of their professional field, this is considered a breach of duty for which a claim could be brought.
For claims of death by medical negligence to be made successfully, they must prove that the deceased was owed a duty of care which was breached by their healthcare provider, this medical negligence resulting in the death of the patient or avoidable medical complications which drastically shortened their life. Examples of medical negligence which can result in death include:
- GP failing to refer a patient at the earliest opportunity, delaying their diagnosis past the point where life-saving treatment would have been possible.
- GP or consultant misdiagnosing a patient with a less severe condition, delaying their treatment and limiting their chance of survival.
- GP or consultant prescribing the wrong medication for a patient, allowing their condition to go untreated or worsening their health with a dangerous combination of drugs.
- Surgeon performing surgery not to the expected standard, their actions resulting in the immediate death of the patient or causing avoidable harm that led to their eventual death.
- Surgeon or clinical team mishandling post-operative treatment, causing infections or other medical complications that resulted in death.
Who Can Make Death By Negligence Claims?
Following the death of a patient due to medical negligence, their estate can make a claim for the physical, mental and emotional harm done to the deceased by their healthcare provider, as well as any financial losses incurred prior to their death. Under the Law Reform (Miscellaneous Provisions) Act 1934, the estate of the deceased is able to pursue death due to medical negligence claims as though the patient had survived; the court typically awards interest relative to the amount of time between the initial injuries and the claim being brought.
Claims can also be brought by qualifying dependents of the deceased for the suffering and financial losses they have incurred due to the death of their loved one. Under the Fatal Accidents Act 1976, the following relatives are able to make claims of this nature:
- Spouses and civil partners.
- Unmarried partners who lived with the deceased for at least two years prior to their death.
- Children, grandchildren and anyone the deceased treated as their child.
- Parents, grandparents and anyone the deceased treated as a parent.
- Siblings, aunts, uncles and any of their children.
How to Make Death Due to Medical Negligence Claims
If you believe that the death of your loved one was due to medical negligence, it is critical that you contact a specialist solicitor to discuss the details of your case. After recounting the events leading up to their death, your solicitor will be able to assess whether there was a likely breach of duty and death should have been avoided.
Following your initial consultation, your solicitor will request your assistance with gathering evidence to support your death by negligence claim. This evidence could include:
- Death certificate or coroner’s report: These documents state the cause of death, giving your solicitor insight into the official circumstances surrounding the death. In some circumstances, the Coroner may open an Inquest and will request statements from the treating clinicians.
- Medical records: By tracking the history of the deceased’s treatment from the first point of contact to their death, your solicitor can create a timeline of the medical negligence that resulted in the death of your loved one.
- Test results: Similar to their medical records, reviewing the results and dates at which they became available will provide a clear indication of whether your loved one’s treatment was delayed or inappropriate for their condition.
- Witness statements: By gathering witness statements from family, friends and healthcare staff who witnessed your loved one’s treatment, your solicitor can consolidate your version of events to strengthen your claim.
Compensation for Death Due to Medical Negligence
The amount of compensation awarded for death due to negligence cases is calculated by assessing various factors, from pain and suffering experienced by your loved one before their death to the financial impact that their passing has on their dependents, such as spouses and children. The factors that your solicitor may consider in their calculations include:
- The pain and suffering your loved one experienced prior to their death.
- Any disfigurements or disabilities caused by the medical negligence that subsequently resulted in their death.
- Any psychological damage they experienced prior to their death.
- The loss of their past and future earnings.
- The loss of a pension is associated with their lost earnings.
- The cost of private treatment to prolong their life.
- The cost of any care they required, whether this was care provided by family members or provided commercially.
- A dependency on services claim can be brought if your loved one provided various services around the house, such as DIY and Gardening. Costs can be claimed to replace these services.
- Funeral costs.
- Childcare costs.
Time Limits for Death by Negligence Claims
Much like other negligence claims, the time limit to submit a death due to medical negligence claim is three years from the death of your loved one. However, there are numerous circumstances in which this time limit can be extended, including:
- When the deceased has young children, the time limit for them to make their claim does not start until they have turned 21 years old.
- When the deceased has dependents with communication difficulties or additional needs.
- When dependents have been misled by a care provider.
- When dependents could not reasonably have been aware that the circumstances of the death may have been owed to substandard care, or could not have identified someone potentially responsible for the death.
In the event that you have delayed your death by negligence claim beyond the three-year time limit and none of the above criteria are relevant to your case, we would still recommend contacting a solicitor to discuss your claim. The court will allow late cases where it is fair to do so, and at Medical Solicitors, we have successfully represented multiple claimants who have brought their claim outside the time limit. In fact, we have secured new inquests as late as six and a half years after a death.
In 2021, Caroline Moore successfully won a six-figure sum for the family of a woman who died following six failed opportunities to diagnose her acute appendicitis, despite the claim being brought 18 months out of time. The claim was brought by her husband, Tony, whose account of the claim process can be read on our Case Studies page.
Compassionate Death by Medical Negligence Solicitors
At Medical Solicitors, we have more than three decades of experience supporting claimants with death due to medical negligence claims, holding the responsible healthcare providers accountable for their actions while winning substantial amounts of compensation for dependents.
We appreciate that losing a partner, parent or relative whom you relied on for financial support may have left you without enough money to live, let alone pursue legal action. For this reason, we conduct our death due to medical negligence claims under ‘No Win, No Fee’ agreements, so that our clients do not have to worry about how they can afford to pay for legal representation.
If you have lost a loved one and believe medical negligence may be responsible for their death, or you are in any doubt about the treatment your loved one received prior to their passing, please contact us today and share your side of the story with one of our compassionate specialist solicitors.
