By Stephen Burke. Last Updated 8th October 2024. In this guide, we will discuss fatal medical negligence claims and how you could potentially claim compensation on behalf of a family member who has passed away. Medical negligence can have serious consequences, and if you’ve lost a loved one because of ultimately the negligence of a medical professional, you may be due compensation.
First, we will discuss the definition of medical negligence and what duty of care should be followed by medical professionals that they owe to their patients. We’ll also explore how medical negligence could lead to death.
Following this, we’ll talk about compensation amounts for fatal medical negligence, including who is eligible when it comes to making a claim for the death of another person and the compensation kinds which may be awarded.
Our advisors are on hand to help if you need it. They can answer any questions you might have about the claims process and can potentially put you in contact with one of our solicitors. To get started:
- Call our team on 0800 073 8801
- Use the live chat feature.
- Contact us online.
Choose a Section:
- When Am I Eligible To Claim For Death By Medical Negligence?
- The Time Limit for a Death Caused by Medical Negligence Claim
- Different Types of Claims Relating to Death by Clinical Negligence
- Death By Medical Negligence Payouts For The UK
- No Win No Fee Claims in Death Caused by Clinical Negligence
- Helpful Links Relating To Death By Medical Negligence Payouts In The UK
When Am I Eligible To Claim For Death By Medical Negligence?
Medical professionals owe all of their patients a duty of care to provide the correct standard of care and to prevent causing avoidable harm. Those seeking death by medical negligence payouts in the UK should be aware that in order to have a valid case, you’ll need to establish the following:
- A duty of care was owed to the deceased by a medical professional.
- This duty ended up being breached.
- Because of the breach, the deceased was fatally harmed.
The Law Reform (Miscellaneous Provisions) Act 1934 establishes that for the first 6 months after the deceased’s death, only their estate can come forward with a claim. They’ll be able to put forward a claim on behalf of their dependents.
If no claim has ended up being made by the deceased’s estate after 6 months, their dependents will then be able to bring forward their own claim. This is established in the Fatal Accidents Act 1976.
To learn who qualifies as a dependent or to ask other related questions, such as “what is the average payout for medical negligence resulting in death in the UK?”, you can get in touch with our team of advisors today.
The Time Limit for a Death Caused by Medical Negligence Claim
Time limits are important when learning about how much compensation for medical negligence resulting in death. With a medical negligence death compensation claim, there is a limited window of time in which to lodge a claim and the standard limit regarding medical negligence cases is three years starting from the date of the incident. To have the best chance of success it’s important that you bear this in mind. There are strict exceptions to this rule and these are:
- Where there is physical disability arising from a head or brain injury the three-year limit may be stretched.
- The three-year limit applies to minors only after they turn 18.
The main advantages of making sure a claim is filed within the time limit are simply that it is easier to recall facts and figures and to document and retain these accurately plus the relevant laws and regulations are unlikely to alter.
Different Types of Claims Relating to Death by Clinical Negligence
Compensation claims for negligence, broadly speaking, fall under different categories in law. Read on to help you understand the three main categories:
- Gross negligence. The most serious category in which the medical practitioner concerned can potentially lose their license to practice if a court deems it necessary. Gross negligence is what occurs when a medical practitioner completely ignores rules and protocols.
- Contributory negligence. This is when the victim is found to be partly responsible for the circumstances which led to them dying. The percentage share of responsibility by both parties involved in the case is decided in court.
- Vicarious liability. We mentioned this earlier and the term refers to cases where an organisation rather than an individual is the subject of a claim. Sometimes there is what’s known as an institutional failure and these cases can be classed as vicarious liability.
A medical negligence claims specialist will decide which category your claim fits in order to advise you on which way to proceed.
Death By Medical Negligence Payouts For The UK
When you are claiming for a loved one’s death due to medical negligence, legal professionals make use of a variety of resources to calculate how much you should be awarded. Medical evidence is just one of these resources. The deceased’s records may contain information pertaining to the severity of their injuries and considerations such as how much they are likely to have suffered before passing away.
You may wish to get an idea as to how much compensation a fatal medical negligence claim could bring. Compensation could be given to a relevant party for whatever suffering was endured by the deceased.
You might be looking for a medical negligence compensation calculator for medical negligence payouts guidance. However, we have included alternative guidance below.
The table you see in this section contains figures from a publication called the Judicial College Guidelines (JCG). Those who value fatal medical negligence claims may use these to help them. Please note that the JCG apply only to compensation in England and Wales, and also note that the top figure does not come from the JCG.
| Compensation Reason | Further Notes | Compensation Amount |
|---|---|---|
| Death with add on claims | This aims to compensate for the deceased’s pain and suffering plus losses which affect dependents such as lost earnings. | Up to £550,000 and over |
| Brain damage | Very Severe - Little if any meaningful response to their environment with their senses and communication affected. | £344,150 to £493,000 |
| Tetraplegia | The compensation awarded for tetraplegia or quadriplegia will vary depending on several factors such as the physical pain someone has experienced and whether they are aware of their disability. | £396,140 to £493,000 |
| Paraplegia | The award will depend on level of pain, life expectancy and other factors. | £267,340 to £346,890 |
| Psychiatric Damage Generally - Severe | The person’s prognosis will be very poor. | £66,920 to £141,240 |
| PTSD - Severe | All aspects of the life will be severely impacted. | £73,050 to £122,850 |
| Injuries Resulting In Death | Full awareness for short period of time, before falling into unconsciousness and dying within a few weeks to 3 months. | £15,300 to £29,060 |
Additionally, other compensation could be given, such as:
- Funeral costs
- Dependency such as the loss of both past earnings and future earnings if the family was reliant on the deceased for income
- Loss of services, such as help with children
No Win No Fee Claims in Death Caused by Clinical Negligence
If you are eligible to make a claim for death by medical negligence on behalf of a family member, one of our solicitors could prove support to you. They may also offer to support your claim on a No Win No Fee basis under a Conditional Fee Agreement (CFA).
With a CFA in place, you typically won’t have to pay the solicitor any upfront fees before they can start on your case. You also won’t normally be obliged to pay them for the services they have provided on your claim while it is still in progress or if the claim does end unsuccessfully.
Alternatively, the solicitor that is bringing their services to your case will take what’s known to many as a success fee from the compensation handed out if it ends successfully. A legal cap is set on the percentage that this fee can be.
If you have any questions regarding fatal medical negligence claims, or would like to know whether one of our No Win No Fee solicitors could help you with claiming on behalf of a loved one who has passed away, contact our team today. They can be reached by:
- Calling 0800 073 8801
- Contacting us online for a callback.
- Using the live chat support on our website.
Helpful Links Relating To Death By Medical Negligence Payouts In The UK
In this final section of our guide on making a medical negligence death compensation claim, we’ve included some more links. You may find these useful. We also include answers to some frequently asked questions.
NHS Advice on Living with a Bereavement
It can be difficult to know what to do after someone passes away. Find help on the NHS website link above.
For advice on the practicalities after death, see the CAB guide to what to do.
A Guide to Car/Road Accident Death Compensation Claims
Our guide can help you understand what steps to take after a loved one has passed after a road traffic accident.
Claim Compensation for a Care Home Death Due to Negligence
Care homes are, more often than not, wonderful places. But, if your loved one died due to negligence in a care home, take a look at our guide.
Other Useful Compensation Guides
- Can I Claim For Cervical Cancer Negligence Causing Delayed Treatment?
- How To Find Fatal Accident Solicitors
- Can You Claim For Lung Cancer Misdiagnosis?
We hope our guide about death by medical negligence payouts in the UK proved useful. Plus, we hope it helped you in answering the question; how much compensation for medical negligence resulting in death? Our alternative to a medical negligence compensation calculator should have given you a rough idea. If you require further guidance, please call us.
