Medical Negligence Resulting In Death – How Much Compensation Could Be Awarded?

We expect all medical professionals, regardless of where they work, to provide us with the very best levels of care. When the provided service falls short, however, the results can be very serious and potentially life-threatening. This guide examines how much compensation for medical negligence resulting in a death you could claim as either the estate or a dependent of the deceased.

Key areas of the wrongful death claims process will be examined, including the laws under which wrongful death claims can be made, the duty of care owed by medical professionals, the evidence that can be used to support a claim and how compensation amounts may be calculated.

Our final section examines the No Win No Fee contract offered by our expert panel of fatal medical negligence solicitors and how this could benefit you when claiming.

For further information or to get a free eligibility assessment, get in touch with our advisory team today via the contact information given here:

  • Call an advisor on 020 3870 4868.
  • Begin your claim online by completing this form and an advisor will be in touch at a time that suits you.
  • Open the live chat window on your screen now. 

A doctor in a white lab coat examining his patient's scans after serious clinical negligence caused their cancer to be missed

Select A Section

  1. How Much Compensation For Medical Negligence Resulting In Death?
  2. What Else Could I Claim For?
  3. Can I Claim If A Loved One Had Died Due To Medical Negligence?
  4. How Do I Make A Claim For Death By Medical Negligence?
  5. What Is The Time Limit For Making A Fatal Negligence Claim?
  6. How Can Our Panel Of Solicitors Help You?
  7. More Information

How Much Compensation For Medical Negligence Resulting In Death?

Only the estate of the deceased can claim for general and special damages following a wrongful death. These two heads of claim compensate for pain and suffering and associated financial losses caused by the fatal injuries, respectively.

Those in charge of calculating a general damages payout can use any provided medical evidence in conjunction with the Judicial College Guidelines (JCG). The JCG publication contains guideline compensation figures for different types of harm. Some of these figures from the JCG, apart from the first bullet point, have been detailed below.

Compensation Amounts

Please be advised that these figures are intended to offer guidance only.

  • Fatality + add-on claims – Up to £550,00 and above.
  • Injuries involving paralysis – Tetraplegia – a case of upper and lower body paralysis where the injured person is not in physical pain and has a life expectancy of at least 25 years, would be awarded towards the middle of this bracket. – £396,140 to £493,000. 
  • Injuries involving paralysis – Paraplegia – Compensation payouts for lower body paralysis depend on the level of pain, psychological impacts and degree of independence. – £267,340 to £346,890.
  • Brain Damage – Very Severe – Little or no environmental response or language function requiring around-the-clock nursing – £344,150 to £493,000.
  • Injuries Resulting in Death – Full Awareness – where there is full awareness of the injuries followed by varying consciousness for some weeks and death within a few months. – £15,300 to £29,060

Special Damages In Fatal Medical Negligence Claims

The estate of the deceased can claim special damages for financial losses incurred by the injured person prior to death. We have set out a few examples that could be reimbursed as part of the compensation payout here:

  • Loss of earnings.
  • Medical expenses.
  • Care needs. 
  • Home modifications.

Claiming special damages for the deceased’s financial losses will require supporting evidence. This could be documents such as their payslips, bills for home modifications and care services and any other documentation that shows financial harm was incurred. 

This section is intended to serve as guidance only. To ask any additional questions regarding how much compensation for medical negligence resulting in death, you can contact our advisors.

What Else Could I Claim For?

Additional payments can be made on top of the general and special damages awarded in a fatal medical negligence claim. These can include:

  • Loss of services: such as childcare, DIY tasks and other duties around the home. This includes both past and future losses.
  • Funeral expenses.
  • Dependency payments: for those reliant on the deceased’s salary, again including both past and future losses.
  • Loss of consortium: also known as loss of a special person, this a payment that cannot be easily quantified elsewhere and covers the loss of companionship or a familial relationship.

Certain relatives may also apply for a bereavement award of £15,120. This could be awarded to or split between:

  • The spouse of the deceased.
  • Someone who lived with the deceased for 2 years prior to their death as spouses.
  • The parents of the deceased were an unmarried minor.

Contact our advisors today to see whether you may have a valid wrongful death claim.

Can I Claim If A Loved One Had Died Due To Medical Negligence?

All medical professionals, whether they work in a public or private healthcare setting, have a duty of care to provide the correct standard of care to their patients. Medical negligence is said to occur when a breach of this duty results in avoidable harm, that is to say harm that would not have occurred had the correct standards been met.

If poor care in a hospital, a medication error, surgical mistakes or any other substandard treatment has resulted in a wrongful death, then both the estate of the deceased and their dependents could be entitled to seek compensation. However, there are some strict eligibility requirements for claiming fatal medical negligence compensation, which we have set out below:

  1. A medical professional owed the deceased a duty of care.
  2. This duty was breached in some way.
  3. The breach resulted in a wrongful death.

Claims Brought On Behalf Of The Estate

Under the Law Reform (Miscellaneous Provisions) Act 1934, the estate of the deceased has the sole right to claim in the first 6 months after death. This claim can be for the general and special damages of the deceased, as well as a claim on behalf of the dependents.

Claims Brought On Behalf Of The Family

If 6 months elapse, and the estate has not made a claim on their behalf, then qualifying dependents of the deceased can claim under the Fatal Accidents Act 1976. While only the estate can claim for general and special damages, dependents can claim for the impact the death had on them. 

Qualifying dependents under the Fatal Accidents Act include:

  • Current and former spouses and civil partners.
  • Persons who cohabited with the deceased as their spouse for at least 2 years prior to their death. 
  • Parents and other ascendants, including those treated as parents.
  • Children, other descendants and anyone treated as a child through marriage or civil partnership. This includes stepchildren from previous marriages and partnerships if they still had a parental relationship with the deceased. 
  • Siblings.
  • Aunts, uncles and cousins.

To get a free eligibility assessment, and to ask how much compensation for medical negligence resulting in death could be claimed, talk to our advisory team today.

An elderly person wearing a hospital gown sitting in an electric wheel chair after negligent medical treatment resulted in their illness becoming terminal

How Do I Make A Claim For Death By Medical Negligence?

Making a wrongful death claim can be complex. A solicitor can help you through the process, including with the key task of gathering evidence. Proving the correct standard of care was not met is very important for your claim.

Evidence examples can include:

  • Medical records that show what treatment was provided and any diagnosis.
  • Test results, such as from a blood test or CT scan.
  • Proof of financial losses incurred by the deceased.
  • Contact information for potential witnesses so their statements can be taken during the claim.
  • The coroner’s inquest.

Will The Bolam Test Be Used?

The Bolam test is applied in some, but not all, medical negligence cases, including those involving fatalities. A panel of medical professionals with relevant knowledge and training asses the care the deceased received and determines whether or not it met the correct standards.

This isn’t something you need to worry about organising yourself, but if used, the findings from the test are useful evidence for your claim. To get a free eligility assessment, and to learn more about the medical negligence claims process, contact our team today.

What Is The Time Limit For Making A Fatal Negligence Claim?

Generally, the time limit for a fatal medical negligence claim is 3 years from the date of death. This 3-year limitation period may also be counted from the date of the postmortem or coroner’s inquest concludes. 

A coroner’s inquest will be ordered if the cause of death is unclear or a person died a violent or unnatural death. Such an inquest can help establish how a person died. However, it cannot assign blame. You can ask further questions about the time limits by talking to our advisory team. 

How Can Our Panel Of Solicitors Help You?

Now you have a better idea of how much compensation for medical negligence resulting in death you could receive either as the estate, or a dependent of the deceased, this section looks at how our panel of expert solicitors could help you.

While not legally required, instructing a solicitor to represent the estate or dependents of the deceased is highly recommended. Losing a family member is a deeply distressing and difficult time for the relatives and other dependents left behind, and the deceased’s estate will have various responsibilities regarding the will.

Therefore, having a highly trained legal professional working on the claim will take a considerable amount of pressure from you. A solicitor can:

  • Handle all the correspondence with the defendant’s representatives on your behalf.
  • Ensure compensation figures are accurately calculated. 
  • Interview witnesses.
  • Negotiate a final settlement amount.
  • Keep you informed of all developments during the claim.

The panel of experts we work with offer their services on strict No Win No Fee terms, with a type of contract called a Conditional Fee Agreement (CFA). Instructing a solicitor to represent you under this contract means there are no fees payable for the solicitor’s work either at the start of or during the claim. You will also not have to pay for this work if the claim fails.

The only fee you’ll pay is the solicitor’s success fee if you win the case. This is taken as a percentage of the compensation. Because The Conditional Fee Agreements Order 2013 imposes a legally binding cap on these fees, you will keep most of whatever is paid out. 

Contact Us

For further information or to get a free eligibility assessment, get in touch with our advisory team today via the contact information given here:

  • Call an advisor on 020 3870 4868.
  • Begin your claim online by completing this form and an advisor will be in touch at a time that suits you.
  • Open the live chat window on your screen now. 

Medical negligence solicitors looking into how much compensation for medical negligence resulting in a death their client could claim

More Information

You can read some more of our guides here:

We have also included these external resources for additional information:

Thank you for taking the time to read our guide to how much compensation for medical negligence resulting in death could be paid out. To get a free eligibility assessment and to ask any questions you may have, contact our advisors today using the details provided above.