Medical Fatality Claims: Death due to Medical Negligence.

The executor, administrator or personal representative of the estate can claim compensation for the pain and suffering of the deceased and their ‘loss of amenity’. This refers to the loss of the enjoyment of life, such as being unable to indulge in hobbies and interests.

Pain and suffering arise where death has been caused by a disease or condition with a lengthy period of suffering.

If this ‘loss of amenity’, pain and suffering was a result of medical negligence, then a claim for general damages can be made. However, no claim for future financial losses can be brought on behalf of the estate.

A claim can be brought by dependents of the deceased if they can show that they were, in fact, dependent or reliant upon the deceased in some way. Dependency essentially is a matter of fact and involves asking whether the dependent had a prospect of obtaining a financial benefit or services from the deceased.

The most common example of this is when a man dies as a result of clinical negligence and his wife previously relied upon his wage to maintain a certain quality of life. She is therefore entitled to compensation for the loss of income. If he was self-employed it would be loss of profit. It is likely that their children would also be dependent on that income.

Dependency can also cover things such as a company car or health insurance, and other fringe benefits associated with work. It may also include less tangible services – anything with a financial benefit, ranging from care, DIY or gardening to important matters such as the loss of a mother’s service when she tragically dies.

As well as proving dependency, claimants must show they are within one of the categories of people set out in the Act. This list has changed to reflect social developments over the years. Dependents are defined as the surviving spouse or cohabitee of the opposite sex, who has lived with the victim for more than two years, children or parents, or those persons treated as children or parents, grandchildren or grandparents.

The Civil Partnership Act 2004 must now also be taken into consideration by solicitors when determining who is dependent in a medical fatality claim.

Mistakes or omissions in the medical care that should be afforded to us all sometimes do occur, below are just some of the examples of the types of medical fatality case we see:

• GP’s failure to diagnose worrying symptoms or failing to instruct the correct treatment
• Surgical errors made during routine surgery
• Anaesthetist errors that lead to an overdose of painkillers or that cause a lack of oxygen to the brain
• Prescription of incorrect drugs or doses of drugs
• Mistakes made in A&E
• Insufficient protection or monitoring of a mental health patient who is a suicide risk
• Cosmetic surgery complications
• Contraction of a hospital infection by vulnerable patients (children and the elderly)

The list above is certainly not exhaustive. Often, we can add a great deal of value to the investigation surrounding the death of a loved one under the care of medical professionals. In some cases, an inquest may be sought, or a post-mortem may be required if the cause of death is unknown or disputed.

Above all else, we will help you get justice for your loved one and help secure the compensation and closure your family deserves.

Claims for compensation for death due to medical negligence have been known to settle for a wide range of amounts, from a few thousands pounds to over £1 million. Each fatal medical negligence claim is unique, and it is impossible to give a general estimate on what your case would be valued without an assessment from our team. However, we can outline the process of how the value of your claim is calculated.

Firstly, eligible dependants may receive a statutory bereavement award for the death of a relative or loved one. This is currently valued at £15,120 – more details lower down in this page.

In addition to the flat rate of bereavement award, dependants will be able to claim compensation for a medical negligence related death as outlined in the Judicial College Guidelines. The range specified for this amount, which is effectively the General Damages or PSLA part of your compensation award for a medical fatality, is £15,300 to £29,060.

You may also be able to claim for Special Damages for a medical negligence death claim. These may include reimbursements for:

• Funeral expenses
• Dependency costs if you relied on the earnings of the deceased
• Loss of services, such as childcare or housework provided by the deceased
• Loss of consortium, meaning the loss of companionship

To find out how much your claim could be worth, contact Lanyon Bowdler today. Our expert Medical Negligence Death Solicitors will be able to guide you through the process of calculating, filing, and settling your claim for a medical negligence death. Our legal support means that you can be sure to be in safe hands in such a difficult time, and we can help you bring a claim to the practitioner, trust, or hospital that has caused the loss of a loved one.

As well as claiming damages for dependency, the Act also provides for a statutory award for bereavement. The categories of dependents who can claim the bereavement award are limited. If a husband or a wife dies, then the remaining spouse can claim for bereavement. If a child dies, then the parents can claim for bereavement if the child is a legitimate minor. If the child is an illegitimate minor, then the mother alone can claim bereavement.

The law allows for the following modest amounts to be recovered as a bereavement award in a medical negligence death pay-out:

• For deaths before 01 January 2008 – £10,000
• For deaths on or after 01 January 2008 – £11,800
• For deaths on or after 05 March 2013 – £12,980
• For deaths on or after 01 May 2020 – £15,120

Cases for compensation for death due to negligence are often complicated because of the large amount of money involved. As such, it is vital to build a strong case with good evidence of wrongdoing.

Some of the types of evidence you may require to claims for medical negligence death compensation are:

• Medical records related to the care of the deceased, especially in the weeks and months approaching their death.
• A report clearly stating the cause of death, likely from a coroner.
• Test results for the deceased from a time close to their death.
• Witness statements from others who can testify to the standard of care the deceased received.

Our Medical Negligence Death specialists can help you collect evidence and build a strong case that is more likely to receive the award it deserves. Contact us today.

Yes, your claim for compensation related to a medical negligence death is subject to time limits. This is typically 3 years from the date of death, although some exceptions may apply.

Note that while the Court may have the power to extend or otherwise modify this time limit, this is very rare and it should not be generally relied upon. If you are reaching the end of your claim’s eligibility, please contact Lanyon Bowdler today to find out how we can help.