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How Much Compensation For Medical Negligence Resulting In Death?

By Max Mitrovic. Last updated 6th June 2022. In this guide, we discuss how much compensation for medical negligence resulting in death could be awarded to you if you have a valid claim.

If you have suffered from medical negligence, then you may question whether you could make a claim. More importantly, you may question how much compensation for medical negligence could be awarded? Every medical professional – be it a doctor, a nurse, a pharmacist, or a diagnostic staff – owes a “duty of care” to their patient.

When this professional code is violated and causes the death of an individual, the circumstances of the death may be defined as “death due to medical negligence.” When claims are made against doctors or other healthcare professionals, legal proceedings will aim to prove whether clinical negligence occurred. This guide provides an overview of the legal claims procedure that usually follows medical malpractice, causing death. If you ever need legal assistance in a similar case, this guide will provide details on the benefits and the process of engaging a law firm.

We’ll also explore the average payout for medical negligence resulting in death and what your claim may comprise.

Select a section:

This guide contains many sections about medical negligence causing death, which you can review from start to finish or click on any of the links to go to the relevant section directly:

A Guide to Medical Negligence Resulting In Death Claims

how much compensation for medical negligence

how much compensation for medical negligence

This guide has been created for the benefit of UK residents who may not be fully aware of the legal consequences of medical negligence cases causing death. The sections in this guide will explore the common circumstances involved in medical negligence cases, leading to patients’ death. It also discusses how and when the legally qualified persons close to the deceased can file a claim, explains the time limits for filing claims, and then describes the procedures involved in death due to medical negligence cases.

We will also examine the difficulties of estimating how much compensation for death due to medical negligence. If you are wondering how much compensation for medical negligence resulting in death cases typically involve, we will detail the costs, expenses, and other factors which are considered when deciding a settlement total. If you have any unanswered questions, feel free to contact our team and arrange a free consultation session.

What is Medical Negligence?

Medical negligence involves a breach of a trained medical professional’s duty of care resulting in someone sustaining further or avoidable harm. Every medical professional owes this duty to their patient. Such a breach would involve the medical professional providing a substandard level of care, whether due to ignorance or any other reason.

When a negligent act causes harm that could have been avoided, such as death to a patient, the circumstances may be defined as medical negligence. Medical negligence can also cause minor damages, but even the slightest breach is worthy of consideration under the UK’s medical trade’s strictest laws.

If you’ve experienced negligence in a medical setting, you may wish to seek medical negligence resulting in death compensation. Please continue reading on how to do so.

Claiming for a Death Caused by Medical Negligence

Medical negligence can affect patients in a multitude of different ways. As negligence can affect almost any form of care, the ways in which it can happen and the ways in which it can affect patients are almost too many to list. However, many of the most frequent issues involve:

Providing medical negligence compensation examples can be difficult. If you believe that medical staff have acted negligently by providing the incorrect care, resulting in death, you can discuss the matter with our legal team at any time. Contact us today to find out how much compensation for medical negligence may be owed.

Claiming Against the NHS for a Death Caused by Negligence

The National Health Service (NHS) provides healthcare for the vast majority of the population. There are occasionally cases in which an error, an accident, or a mistake occurs with so many patients and staff. In certain circumstances, these issues can be caused by medical negligence and can result in a patient’s death.

In NHS negligence claims death and injury cases will often follow the same legal pathway. Medical negligence cases filed against the National Health Service (NHS) in England may involve NHS Resolution which acts as a representative for NHS trusts. As we will see in a later section, this means such cases may be categorised as being of vicarious liability.

Is there a Time Limit for Making a Negligence Causing Death Claim?

The standard time limit for filing a medical negligence claim is three years from the date of the incident. If you delay legal action, you may lose the chance to file a claim. However, some exceptions may apply. For instance, if someone lacks the mental capacity to claim on their own behalf or if someone is under the age of 18.

Also, the three years could start from the date you became aware that a medical professional’s failings caused or contributed to the harm you sustained.

For medical negligence cases that have resulted in death, the three years may start from the date of death. In such cases, someone could claim on their behalf. This might be the estate or next of kin.

Cases involving death will likely cause a great deal of grief. This can make it difficult to file a claim. However, engaging a Claims Service can make the process much quicker and easier. Contact our team to check how much compensation for medical negligence you may be owed.

Death by Medical Negligence Facts and Statistics

Within this section of the guide, we wanted to take a moment to explore some statistics in relation to medical negligence. As addressed within their Annual Report Statistics 2020/2021, the NHS state that:

  • A total of 12,041 claims were settled during 2020/2021.
  • Around 3,578 of the settled claims cost £1,001-£25,000 in damages.

If you feel that your claim matches any of the above statistics, you may be owed compensation for medical negligence resulting in death. For further information, call our offices today.

Medical Professional’s Duty of Care

As discussed, all medically trained professionals must provide their patients with the correct level of care.

The “duty of care,” adhered to by all medical professionals, compels them to take the maximum care and precaution in all treatment decisions, procedures, and logistics.

For example, groups such as the General Medical Council, General Dental Council and the Care Quality Commission provide detailed and comprehensive guidelines on how medical practitioners should act towards their patients.

The duty of care mandates that all healthcare professionals must treat the patient’s welfare as the foremost priority during any medical diagnosis or treatment procedure.

If a breach of that code causes any damage to any patient, a case of “medical negligence” could be brought forth. Check how much compensation for medical negligence you may be owed.

What Different Reasons for a Death due to Negligence Claim are there?

Death due to medical negligence can be caused by a variety of single reasons or a combination of reasons. These reasons can include (but are not limited to):

  • Surgeries which have resulted in complications – death resulting from poorly conducted or mistakenly prescribed surgeries or medical practices.
  • Anaesthesia mistakes – death caused by the anaesthetic, which has been incorrectly administered during surgery or other procedures.
  • Misdiagnosis – if an illness or health concern is not correctly diagnosed, which in turn leads to the issue becoming worse or the patient dying.
  • Issues with cosmetic procedures- death caused by either procedures or aftercare related to cosmetic surgeries or practices.
  • Care home negligencedeath due to improperly prescribed or practised care as it happens in a nursing home, which is often considered a leading cause of death in nursing homes.

You may be wondering “how much compensation will I get for medical negligence resulting in death?” As we will see in later sections, the severity of the above issues will typically determine the final amount.

Death due to Medical Negligence Claims – Understanding the Differences

Generally, if you decide to file a claim, you will need to understand the differences between different categories of negligence as described by British Law. There are four main categories, which are:

  • Contributory negligence – The victim is deemed to be the responsible party for the final outcome of medical negligence, perhaps through not taking the medicine, they were prescribed. No compensation is usually awarded in such cases.
  • Comparative negligence – Here, the victim is considered partially responsible for the injuries he or she has sustained before death. A court case usually determines the level of responsibility shared by both the victim and the defendant.
  • Vicarious liability – In this instance, the claim will be made against the organisation rather than the individual that was involved in the case. For example, you might make a claim against the NHS or a private healthcare facility, rather than one specific doctor. If the act of negligence is seen as an institutional failing, the claim will likely be categorised as one of vicarious liability and may result in private or NHS compensation payouts.
  • Gross negligence – When a medical practitioner blatantly disregards the best healthcare practices, it is considered to be gross negligence. For any medical professional, the health of the patient is of the highest importance. This type of medical claim is usually contested in a court, with the medical license of the practising medical professional likely to be revoked. However, such a decision is taken by the court only after hearing the entire case.

In a consultation session with a law firm, one of the first steps in evaluating your claim will be determining which of the four categories it best fits. In doing so, we will be able to make more informed predictions and estimates about your case. Find out how much compensation for medical negligence you could be awarded by contacting us.

What to Do if You Have Lost a Loved One due to Negligence?

The death of a family member or loved one is undoubtedly a difficult time. In such trying moments, even the thought of fighting a legal battle can be daunting. However, if you feel that you are able to take action, we can recommend several steps which can help place any future compensation claim on the firmest footing possible. These steps are:

  • Seek a second medical opinion. To verify the claims of a medical practitioner or a hospital involved in a medical negligence case, you can seek a second opinion. If you need further medication evaluation of the situation, we can arrange this on your behalf.
  • Organise and document any evidence you can. This can include notes, emails, x-rays, and any communication or information about the case.
  • Start gathering all bills and receipts and estimating the financial losses. This can be anything from medical bills to loss of earnings to expenses due to psychological trauma. When we determine how much compensation for medical negligence resulting in death, this evidence can be constructive.

When proceeding with your claim, bringing the above evidence to a law firm can form a solid foundation and can improve your chances of winning compensation.

Who can Claim for a Death Caused by Negligence?

In death due to medical negligence claims cases, certain parties have the right to claim compensation on behalf of the deceased. This might include certain family members and those financially dependent on the deceased.

Additionally, certain qualifying relatives are entitled to the bereavement award as per the Fatal Accidents Act 1976. The award is a sum of £15,120 which will be split if more than one person is claiming.

The two pieces of legislation that outline claiming for a fatal accident are the Fatal Accidents Act 1976 and the Law Reform (Miscellaneous Provisions) Act 1934.

For more information, please get in touch on the number above.

Medical Negligence Resulting In Death Compensation

When making a compensation claim, there are several costs, expenses, and damages that you can attempt to recover. For instance, you could seek compensation for doctor’s negligence, compensation for medical staff negligence or compensation for hospital negligence.

More specifically, each claim may comprise general damages and special damages. Each will provide compensation for the impact the death caused by medical negligence has had on the family of the deceased.

General damages may compensate for the pain and suffering caused to family members.

Special damages compensate for any financial burden the death of a loved one has caused. This might include ambulance expenses, hospice expenses, aftercare expenses, and other expenses involving the victim, such as:

  • Medical expenses, which may include all medical expenses before, during, and after the death of the victim, such as the need for a specialist or private healthcare.
  • Travel expenses, which may include all transportation costs for travelling between the hospital and the victim’s home, between the law office and the victim’s home, and all other trips related to the death due to medical negligence case.
  • Funeral expenses, which may include expenses paid to cover funerals in the event of death.
  • Loss of earnings, which may include future losses and loss of pension.

The process of figuring out how much compensation for medical negligence resulting in death will involve considering all of the above factors. With the advice of a professional legal team, you can be sure that you’re claiming the full amount of compensation that you may be entitled to.

No Win No Fee Death by Medical Negligence Claims

Given the devastating nature of the death of a family member or a loved one, we try to provide our clients with the maximum financial and emotional relief in a medical negligence case.

We understand how trying these times can be, not only emotionally but financially as well. As such, our Conditional Fee Agreement (CFA)- offered under our No Win No Fee service- allows you to hire a solicitor without paying an upfront cost for them to begin working on your claim.

You will not be charged solicitor fees if your claim is unsuccessful. If you win the claim and are financially compensated, you will need to pay a success fee which is capped by law. The fee covers the work your solicitor has completed on your case. It is taken as a percentage of your total settlement and is something your solicitor will make you aware of beforehand.

This dramatically reduces the risk of working with a dedicated legal team and allows you to reduce your stress levels at an already difficult time. It’s part of our ongoing commitment to client-friendly legal services, so call us today to find out more. Talk to our team to find out how much compensation for medical negligence you could be owed.

Death by Medical Negligence Payouts in the UK for 2022

You may want to know more about what death by medical negligence payouts you could get in the UK. There are many factors that can determine the level of compensation you could receive as part of a fatal claim, including the deceased’s awareness at the time of death and the level of pain and suffering prior to their passing.

This is why we cannot provide an average payout for medical negligence resulting in death. Every claim is different and a payout can be based not just on the injury itself but the financial losses caused by the death.

Guidelines from the Judicial College (JCG) provide a greater idea of what you may receive. The figures below are taken from the latest edition, published in April 2022. Please bear in mind that these figures only relate to potential compensation amounts for England and Wales. Furthermore, due to the complexities of every case, these figures are not guaranteed.

Reason for CompensationTypical Compensation AmountAdditional Comments
Death and Losses£550,000 + You could receive a figure around this level for compensation for the deceased's pain and suffering as well as dependency costs.
Brain Damage (Very Severe)£282,010 to £403,990An injury of this nature would take into account severe brain trauma which would impact life expectancy, physical limitations, sensory impairment, and a loss of independence.
Brain Damage (Less Severe)£15,320 to £43,060An injury of this nature would make a a great recovery, but memory and sensory issues may prevail.
Lung disease£100,670 to £135,920Compensation awarded to a younger person who has a serious disability and where they could suffer a premature death.
Asbestos-Related Disease (a)£63,650 to £114,460Mesothelioma where the claimant could suffer an illness which leads to death.
PTSD (Severe)£59,860 to £100,670An injury of this nature would have a life-altering impact, as the professional and social life of the individual would be impacted.
Death£12,540 to £23,810Full awareness
Death£10,510 to £10,670Injuries suffered followed by unconsciousness and then death.
Death £3,760 to £4,390Where the person suffers immediate unconsciousness and where the person suffers death after 6 weeks
Death£1,370 to £2,790Where the person suffers immediate unconsciousness, or where they suffer unconsciousness followed very shortly after suffering an injury. Death will occur within 1 week.
Mental anguish£4,670Worry, stress and trauma caused by impending death. (base amount other damages will also be applied)

Whether you’re looking into payouts for death due to negligence by the NHS or private healthcare negligence, we’re more than happy to help. In just one phone call, we can answer any questions you have about the claims process. We can inform you if you’re able to claim and provide you with a compensation estimate. Please contact us at a time that works for you with the above details.

How to Start a Death due to Medical Negligence Claim

When your close family member has died due to medical negligence, you may be curious as to your legal rights regarding the ability to claim for compensation. The legal battle can be

how much compensation for medical negligence

how much compensation for medical negligence

complicated and the circumstances may be complicated by your lack of familiarity with the laws, regulations, and processes involved in such a claim. That is why a professional team can prove to be so useful. If you are wondering where to start with a legal claim, we recommend contacting our offices immediately.

We are able to offer a free, no-obligation legal consultation. Our experienced medical negligence solicitors will hear your case, review the evidence, and objectively evaluate the circumstance in this session. If you have a strong case, our solicitors will be able to estimate the compensation settlement. We can also arrange a third-party medical opinion for an unbiased view of the case. Our legal team is ready to offer free advice and legal representation during the court proceedings if you desire. If you’d like to begin a claim, starting with this consultation is the best option.

How To Prove A Claim For Wrongful Death Due To Medical Negligence

If you are ready to sue for medical malpractice or to claim for wrongful death due to medical negligence, you need to prove a few things:

  1. That the healthcare professional owed you a duty of care
  2.  They breached that duty of care and;
  3. As a result of that breach, you suffered harm

If your claim meets the relevant criteria, you could seek compensation by making a wrongful death due to medical negligence claim.

Here are some tips on how to prove a wrongful death claim:

  • Get a second medical opinion: You need to prove that the death of your loved one was caused by errors or by negligence. It means that you need to show that they received a level of care that fell below the standard expected of the professional. You may need the input of another medical professional to do this. That second opinion is needed to determine what the expected standards are and to help you prove that your loved one received treatment that was different from what a medical professional of the same training would have performed.
  • Previous Medical Records: If it has been established that your loved one suffered medical negligence causing death, there also needs to be medical reports which will confirm that the death was both avoidable and was a direct result of the negligence (and that the death was not caused by other underlying issues). If a breach of the duty of care has been established but there is no proof that the death would have been prevented, it then becomes difficult to prove that the incident was a wrongful death due to medical negligence.
  • Contact a medical negligence solicitor: Due to years of experience in helping people through the medical negligence claims process, you may benefit from hiring one of our solicitors. Call us on the number at the top of the page and an advisor can assess your claim to see if one of our solicitors could begin working on your case.

Other tips on how to prove a claim for wrongful death due to medical negligence can be found in one of our medical negligence case examples, such as this one resulting in paralysis. You can also learn more about hospital negligence claims here.

Why Choose us as your Claims Service for a Death due to Medical Negligence Claim

Death due to medical negligence can leave the family members with a feeling of betrayal and mistrust. Given the trying circumstances, you are likely to look for a law firm that is highly ethical, friendly, and experienced in winning death due to medical negligence claims.

Our combined expertise and experience can help you win compensation for the death of family member claims. The benefits of employing our team include:

  • A no-obligation legal consultation offered for free.
  • Conditional Fee Agreement, providing a ‘No Win No Fee’ deal for clients.
  • A law firm which offers integrity, ethics, and client-friendly attitudes.
  • Expertise in everything from the legal to the administrative sides of the claim.

If you are looking for competent and trustworthy legal assistance, you have come to the right place. All you have to do is get in touch with our team right away.

Call for Free Advice and To Start a Claim

If you think you have a claim, get in touch with us to discuss the specifics of the case. We offer advice, expertise, and a range of services designed to suit you. Call us on 0800 073 8804, chat with us on our website, or use the online contact form to get in touch. When you need legal representation, we’re a perfect choice. We can also tell you how much compensation for medical negligence resulting in death you may be owed after assessing your injuries.

Helpful Links

How Much Compensation Can I Claim for a Death?

There are many different things you can claim for when claiming compensation for a family member or loved one Find out full amounts of compensation that you could claim.

NHS Coping with bereavement

This NHS link explains about bereavement and information on help and support after a death.

Information on What to do after a death – Citizens Advice

This Citizens Advice link has key points on what to do after a death to help you.

How To Start a Medical Negligence Claim?

This link explains how to start a medical negligence claim for more information on how to start a medical negligence claim contact us on our freephone number or our live web chat and we will give you free legal advice on what to do next.

Misdiagnosis Compensation Claims

Have you lost a family member or loved one due to a misdiagnosis that resulted in death? contact our medical negligence specialists today.

How to make a complaint about an NHS service?

Every NHS organisation has a complaints procedure. If you have lost a loved one due to medical negligence our solicitors can help you file the complaint with your compensation claim for more information contact us today and get free advice.

Medical Negligence Payout Calculator

Use our calculator to work out how much compensation you could receive following an incident of medical negligence.

How Much Money Can You Get For Medical Negligence?

A useful guide on seeking compensation following incidents of medical negligence in an NHS facility.

Paralysis Medical Negligence Claims

This useful guide will explore seeking compensation for paralysis following medical negligence.

Other Useful Guides

How much compensation for medical negligence FAQ

What is the average payout for medical negligence?

There is no set average payout for medical negligence because a lot of variables have to be taken into account in such cases. Each claim is unique and therefore the compensation payouts which reflect the circumstances can vary a lot. Ultimately, the compensation awarded should reflect the type of damages inflicted and how severe they are. For more advice on death by medical negligence payouts, feel free to contact our advisors at Legal Expert today.

What is classed as medical negligence?

Medical negligence is often identified as any medical treatment that has gone awry due to the negligence of a professional. To prove medical negligence, it will be necessary to prove that the medical professional breached the standard of care expected of them. For example, if they misdiagnosed an illness or injury or prescribed you medication you’re known to be allergic to.

My child has suffered from medical negligence, is it possible to make a claim?

If a child has suffered from medical negligence, then you could have ground to make a claim on their behalf. The parent or guardian would be appointed by the court as a litigation friend to handle the case on their behalf. However, if no claim is made by the time they turn 18, they will need to represent themselves and have until their 21st birthday to do so.

How long does a fatal medical negligence claim take?

Fatal medical negligence claims can be complex and may therefore require a long period of time to resolve. It is difficult to estimate without knowing the specific circumstances of your own case. More complex cases could take upwards of 18 months or more to settle.

Could I be awarded an interim payment?

If the other party admits that negligence occurred and that this was the cause of the death, you could be awarded an interim payment when making a claim for medical negligence resulting in death.

How long could you have to sue for medical negligence which causes death?

In general, you have a 3 year time limit in which to claim compensation for fatal medical negligence. This may begin at the time of death, or at the time of the negligent medical care which lead to the fatal error.

Could I be compensated for loss of earnings?

Victims of medical negligence could claim compensation for loss of earnings if they have been unable to work due to the negligent medical care.

Will my case have to go to court?

In most instances personal injury claims will not need to go to court. However in highly complicated circumstances and where the defendant does not admit their liability it may be necessary for a case to go to court.

If you would like to speak to an advisor about medical negligence claims, contact Legal Expert today. Using the contact details included in this guide, our advisors can answer questions you may still have regarding fatal medical negligence claims.

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