Last Updated 22nd September 2025. If you have lost a loved one due to substandard medical treatment, you might be looking for information about what to do. This guide about medical negligence resulting in death will cover how to claim and provide you with information.
The guide will cover who is eligible to make a claim, when they can do so and how the compensation will be calculated. Compensation for death by medical negligence can vary, so it is important to be aware of what can be claimed and by whom.
Our expert medical negligence solicitors have years of experience and expertise in this field, and they operate on a No Win No Fee basis. If you would like to see if you qualify to claim following the loss of your loved one, you can reach out for a free case assessment at any time. There is no obligation to proceed further. Our sensitive advisors can be reached by:
4.8 (466 reviews) How Much Compensation Could You Receive For Medical Negligence Resulting In Death?
So, how much compensation could you receive for medical negligence resulting in death? Whether your claim is made against a private company or the NHS, compensation payouts for death can depend on a number of factors.
The average payout for medical negligence resulting in death is of little value, as each case is unique. What we can tell you is how compensation is calculated in this type of legal case.
Only the estate can claim on behalf of the deceased’s pain and suffering. This means that they can receive general and special damages; general damages for their suffering and special damages for the financial losses they endured before their death.
When it comes to general damages, the Judicial College Guidelines (JCG) can be used to help. This is a document that contains guideline brackets that professionals can refer to when calculating compensation.
Below, you can see some examples of these payouts. Please note that these aren’t a representation of the average payout for medical negligence resulting in death, and that the first entry hasn’t been taken from the JCG.
- Death with add-on claims – Death and significant additional claims for dependency and financial loss – Up to £500,000 or more.
- Quadriplegia (or Tetraplegia) – £396,140 to £493,000.
- Paraplegia – £267,340 to £346,890.
- Very Severe Brain and Head Injury – £344,150 to £493,000.
- Death – With full awareness for a short time – £15,300 to £29,060.
You can also watch our video below, which explains the key takeaways from our guide:
What Else Can You Claim?
Other kinds of compensation that could be claimed by the estate or by dependents might include:
- Funeral expenses
- Loss of a special person, also known as loss of consortium, which covers the lost relationships caused by the death
- Loss of services, for example, if you have to pay for childcare now because it was previously the deceased’s responsibility
- Financial dependency
- A bereavement award, as per Section 1A of the Fatal Accidents Act 1976. Certain qualifying relatives can apply for a lump sum of £15,120, which is split between all eligible claimants.
To find out more about compensation in fatal medical negligence claims, get in touch with our team today.
Case Studies: Examples Of Medical Negligence Payouts For Death
To help you understand how fatal medical negligence claims are valued, here are some anonymised case studies. Each case is unique, and compensation amounts will vary depending on the circumstances, the financial losses involved, and the impact on the family. For confidentiality, all names and identifying details have been changed.
£750,000 – Failure To Diagnose Sepsis
A young father attended A&E with clear symptoms of sepsis, but staff failed to escalate his treatment in time. His condition deteriorated rapidly, leading to cardiac arrest and death within hours.
His widow pursued a medical negligence claim, highlighting the trust’s failure to follow established sepsis protocols. The settlement included damages for loss of financial dependency, childcare needs, and bereavement.
£1,200,000 – Surgical Error During Heart Operation
An otherwise healthy woman underwent routine heart surgery but died when a major artery was mistakenly cut and not identified in time.
The case settled for £1.2 million, covering loss of future earnings, funeral costs, and support for her dependent children.
£2,000,000 – Delayed Cancer Diagnosis
A man repeatedly attended his GP and local hospital with persistent symptoms of cancer, but diagnostic opportunities were missed over several years. By the time cancer was finally identified, it was terminal, and he died within months. His family brought a successful claim against the NHS trust and GP practice involved. The award of £2 million reflected his significant lost income, care costs, and the long-term financial impact on his wife and young family.
Eligibility Criteria For Fatal Medical Negligence Claims
If your loved one passed away due to medical negligence, you may be wondering if you could make a wrongful death claim.
First, you need to establish that medical negligence occurred. All medical professionals are expected to provide their patients with a level of care that meets minimum standards. If they fail to fulfil that duty of care, and the patient suffers unnecessary or avoidable harm, then this may be grounds for a valid claim.
The steps that professionals are required to take can vary between disciplines, but the General Medical Council (GMC) provides information on how professionals are expected to act in their good medical practice.
Then, you need to be able to prove that your loved one passed away as a result of this harm. To do so, you will need evidence that proves the treatment they received was substandard and that this caused their wrongful death.
Only certain people can seek compensation following the death of a loved one. We’ll go into more detail about who can make a claim in the next section. Read on for more information, or contact our expert medical negligence team to find out if you can claim.
Who Can Claim For Medical Negligence Resulting In Death?
If you can establish that your loved one died due to medical negligence, for the first six months following their death, the Law Reform (Miscellaneous Provisions) Act 1934 states that the estate of the deceased is able to claim on their behalf for their pain and suffering.
They are the only party that is able to make this type of claim. They can also bring forward a claim on behalf of the deceased’s dependents.
If no claim has been made on their behalf within the first 6 months, the Fatal Accidents Act 1976 allows certain dependents to claim for the impact the death has had on them. Some examples of dependents eligible to claim include:
- A spouse or civil partner of the deceased (current or former).
- A child, stepchild or someone who was treated as a child by the deceased.
- Aunts, uncles, siblings or cousins of the deceased.
To see whether you may qualify as a dependent or for more advice about claiming for medical negligence resulting in the death of a loved one, get in touch with our advisors today.
4.8 (466 reviews) Examples Of Medical Negligence Resulting In Death
There are many ways that negligent medical treatment could lead to a fatality. However, as we’ve already mentioned, not all cases of harm will result in a valid medical negligence compensation claim. Below, you can find some examples of how a fatality could occur in a medical setting.
- Misdiagnosis of cancer: When cancer is misdiagnosed, this can allow the disease to spread to the point that it becomes untreatable.
- Delayed treatment: Similar to the above, avoidable delays in treatment can allow cancer and other diseases to spread or progress.
- Prescription and medication errors: Being given the wrong medication or the wrong dosage can result in a fatality caused by allergic reactions, overdoses, and negative interactions.
- Surgical errors: Avoidable errors during surgery can lead to death through blood loss or infection.
Contact our team of advisors today to get more information on fatal medical negligence payouts in the UK. Or, keep reading for further insight into claiming for medical negligence.
Do I Need Evidence To Support A Fatal Medical Negligence Claim?
Yes, you will need to supply evidence to support a fatal medical negligence claim. This must illustrate how medical professionals’ negligent conduct or omission resulted in the death of your loved one. This process is often referred to as proving third-party liability and is one of the most fundamental stages of the claims process.
You can establish third-party liability by obtaining evidence such as:
- Your loved one’s medical records, including copies of scans and prescriptions
- Photographs of any harm or neglect your loved one suffered from- this may show how the medical negligence resulted in death
- CCTV footage of the negligent conduct or omission if such cameras were present within the medical facility
- Copies of any correspondence you have with the medical professional, including letters and e-mails
- Copies of any complaints you made to the medical professional and their response to them
- Witness contact details- this can be anyone who saw the negligence first-hand
- A copy of your loved one’s death certificate– this will present the exact cause of death
Understandably, this may be a very difficult time for you as you may still be coming to terms with the death of your loved one. However, it is important to obtain evidence, as this will determine the success of your claim.
If you are struggling to obtain evidence, do not worry, as we have an experienced team of solicitors who can use their expertise to find evidence and build your claim.
To learn more about obtaining evidence and proving third-party liability, contact our helpful advisors today. They can also explain the average payout for medical negligence resulting in death.
Is There A Time Limit For Making A Fatal Medical Negligence Claim?
If you are seeking compensation on behalf of a loved one for their medical negligence death, you must initiate proceedings within the time limit. Generally, this is 3 years from the date of the deceased’s passing.
Alternatively, the claiming process can be started within 3 years of the date of knowledge. This is when the harm the deceased suffered was first connected to medical negligence, such as following an inquest or post-mortem.
It is important to note that for this type of claim, only the estate of the deceased is able to launch a claim for the first 6 months following their death.
After this time, the deceased’s dependents can start a claim for how the death has impacted them.
If you have any questions about the limitation period, please contact one of the advisors from our team.
Can A Solicitor Help Me When Making A Claim?
Yes, a solicitor can help you when making a medical negligence resulting in death claim by using their specialist knowledge to build the strongest case possible. Here at Legal Expert, our solicitors also take an empathetic approach throughout the fatal accident claims process.
They understand that losing a loved one to medical negligence can be devastating, and the last thing grieving loved ones might be thinking about is making a claim. That’s why they are committed to offering personalised support throughout the entire process, whether this be helping to gather evidence or explaining the ins and outs of making a claim for medical negligence resulting in death.
Our solicitors offer a range of services as part of this commitment, such as the following:
- Support when navigating the probate process
- Explain legal jargon you might be unfamiliar with
- Advocate on your behalf to ensure you are able to focus on the needs of you and your grieving family
- Expert help with gathering evidence, such as collecting witness statements or obtaining financial records
- Communicating with the other parties and the courts, where needed
Additionally, your solicitor will make sure that your claim is started within the time limit and that any compensation fully reflects the impact of your loved one’s passing. So, if you have any questions about the claim process, such as whether there is an average payout for medical negligence resulting in death, please contact our team today.
Make A Claim With Our No Win No Fee Medical Negligence Solicitors
If you are interested in starting a fatal injury claim for compensation for medical negligence after a loved one passed away due to medical negligence, one of our solicitors may be able to help.
There are many benefits to working with a solicitor on your claim; for example, they can help you collect evidence to strengthen your claim, and can also answer any questions you have throughout the claims process.
Our solicitors work under a Conditional Fee Agreement (CFA), which means you aren’t required to pay any upfront or ongoing fees in order for them to work on your claim. Additionally, you won’t pay any service fees for their work if the claim fails.
If it wins, you will pay your solicitor a small, legally capped percentage of your compensation as their success fee.
Contact Our Team
To find out if you could be eligible to work with one of our solicitors, contact our team today. They can offer a free consultation, through which they can answer your questions and evaluate your claim. To get started:
4.8 (466 reviews) Frequently Asked Questions (FAQ)
Below, you can find answers to some common questions on claiming compensation for medical negligence resulting in death:
What Is The Statutory Bereavement Award In Fatal Medical Negligence?
Under the Fatal Accidents Act, certain dependents (spouse, civil partner, or parents of minor children) may claim a fixed bereavement award (currently £15,120). This is separate from other damages and does not apply to all categories of dependents.
Who Can Claim Dependency and How Are Those Losses Valued?
Dependents such as a spouse, children, or parents can claim for financial losses: lost earnings, pension contributions, benefits, and care/support the deceased would have provided. Expert evidence and actuarial projections help quantify those losses.
How Are “Estate” Claims for Pain, Suffering and Medical Expenses Handled?
A claim on behalf of the deceased’s estate allows recovery of damages for the pain, suffering, and loss of amenity experienced by the deceased before death, plus medical, care, or other expenses incurred before death.
When Does The Limitation Period Start In Fatal Medical Negligence Claims?
Typically, claims must be started within 3 years of death or from when the deceased’s family knew (or should have known) the negligence caused the death (“date of knowledge”). For delayed discovery cases, this nuance is critical.
What Happens If Compensation Is Awarded But Not Paid?
If a defendant fails to pay a court-ordered or agreed settlement, enforcement measures can be pursued. These may include obtaining a judgment enforcement order, garnishing assets, or charging interest on overdue sums.
Can The Estate Or Dependents Get Interim Payments Before Final Settlement?
In complex fatal negligence claims, it may be possible to seek interim (advance) payments to cover urgent dependency or care costs before the final settlement, especially where liability is accepted or appears strong.
Do The Rules Differ In Scotland Or Northern Ireland?
Yes. Each jurisdiction may have different limitation periods, statute rules, or damages regimes. For example, Scottish law has removed limitations for some child abuse claims and may treat fatal negligence differently. Claimants outside England and Wales should seek specialist advice in their jurisdiction.
Can Fatal Medical Negligence Claims Be Handled On No Win No Fee Basis?
Yes, many fatal negligence claims are handled on a No Win No Fee (conditional fee) basis. However, due to the complexity and size of dependency claims, check whether the arrangement covers all costs, disbursements, and funding risk.
Helpful Links
Some helpful links:
- See if you can claim for wrongful death
- Learn about paralysis medical negligence claims
- Discover whether it is hard to prove medical negligence
Thank you for considering our guide about medical negligence resulting in death.
