We understand that the loss of a loved one can be very painful and devastating. But the pain and emotional trauma can be made worse knowing that your loved one’s death is caused by medical negligence. In such a case, you can make a wrongful death claim.
We are well aware of the devastating impact the loss of a loved one can have and that no amount of compensation can replace your loved one. However, an NHS negligence death compensation will go a long way to ease the financial burden on the family especially where the deceased is the provider for the family.
What Is Death By Negligence Or Wrongful Death?
Death as a result of medical negligence also called wrongful death refers to when medical professionals fail in their duty of care towards their patients, providing substandard and negligent care which direct results in the death of their patient.
Unlawful Death Suit
An unlawful death lawsuit in medical negligence refers to when the family or dependents of a deceased person take legal action or make a claim against the NHS, private hospital or medical professional for being negligent in their duty leading to the death of their loved one.
The Fatal Accidents Act of 1976 stipulates that a spouse, civil partner or a parent of a child under 18 can make a claim for wrongful death and this is considered a civil matter.
Suing the NHS for wrongful death caused by medical Negligence can be a very daunting task but with the right legal representation, you can win an NHS compensation after your claim is successfully settled.
Medical Negligence Resulting In Death Compensation
The events or negligent treatment that can lead to death by hospital negligence come in different ways. These include;
- Death due to doctor’s negligence during a surgical procedure leading to complications
- The failure to properly diagnose or detect the patient’s condition
- Wrong Prescription or errors in drug dosage leading to death.
- Unnecessary delays in diagnosing a medical condition that made the patient’s condition worse
- Dismissing patient’s complaint as nothing serious
- Failure of the Accident and Emergency department to identify a serious condition
- Insufficient supervision and care to a mental health patient at risk of suicide
- Anaesthesia errors
- Complications with cosmetic procedures
- Failure to refer the patient to a specialist for proper medical attention
Who Can I sue for negligence?
Actually, you can make a claim against any health official or groups of medical professionals in the NHS whose negligence is responsible for the death of your loved one. This might mean;
- Suing A GP
- The Surgeon
- Medical consultants or specialists
- Pharmacists, etc.
Who Can Make A Claim For Medical Negligence Resulting In Death?
Suing on behalf of a deceased person has never been an easy task. The following sets of persons can make claims due to the death of a loved one as a result of medical malpractice;
- Next of kin- this may be the husband or wife
- Civil partner
- Close family members
- Where a will exists, the executor can make an NHS negligence death compensation claim on behalf of the deceased Estate
Why Should I Make An NHS Negligence Death Claim?
As the Fatal Accidents Act permits, you can make claims for a spouse, civil partner, parent or your child who has suffered wrongful death due to medical negligence. While we agree that no amount of money can actually compensate anyone for the loss of a dearly loved one, the financial support you receive ensures that you do not suffer financially due to the tragic incident.
The family may have lost its chief breadwinner and so the compensation can be a real lifeline. The family are thus able to rebuild and live their normal life as much as is possible after the unfortunate event.
The settlement you receive can also help you plan for the future especially where you have dependents and you need to support your family.
On the other hand, it helps those who are claimed to make the needed changes and improvements to see that no one else falls victim and dies as a result of medical negligence.
You are entitled to justice for a situation that could have been avoided and even if you feel you are not ready to deal with the process of suing a hospital, it is our duty to help you. This is why we are here to make the whole claims process smooth and stress-free for you while you concentrate on taking care of your family in this difficult time.
How To Sue A Hospital For Wrongful Death?
Whether you are suing the NHS for death by hospital negligence, or making a willful neglect NHS claim or suing social services for neglect, your best bet towards getting a deserved NHS compensation is to contact solicitors who are experts in NHS negligence claims,
If you choose to contact us to represent you, we will ensure that you get the right legal representation and give you the legal advice you need to ensure your claims are successful. We have friendly, dedicated and understanding solicitors who will ensure you and your family get the needed support you require in your difficult moment. We are always ready to explain to you exactly how the claims process work.
Even if you are concerned that your loved one’s death is as a result of medical negligence but you are not quite sure how to go about it, we welcome you to talk to us. Our consultation sessions are free of charge and you can be sure that you will be represented by the specialist solicitors in this area of law.
Medical claims process explained
When you come to us and after our evaluations, we are convinced that you have a valid case of death by negligence, we will assign to you a team of lawyers to represent you throughout the claims process.
We may require that a post-mortem be carried, so that the cause of death is conclusive. An inquest may subsequently be ordered if the outcome of the post mortem is inconclusive.
Under our No Win No Fee policy, you can fund your claim without having to pay us a penny. We will require you to make available certain documents which will be used to establish liability of the defendant.
These will include:
- Full details of the circumstances that led to a loved one’s death including the timeline of events leading to the death of the loved one
- Medical reports, scan and test results, as well as other relevant documents as may be required by the specifics of your case
We may also have to prepare the case for court trial depending on how it progresses with the defendants. When we have successfully established liability, we can negotiate a suitable compensation fee.
What Do Negligence Claims aim at proving?
In most medical negligence claims or a wrongful death claim, two vital elements must be established;
- Breach Of Duty/Liability And
What this means is that we must be able to prove that the treatment or care received was indeed negligent and that the negligent treatment has caused the death of your loved one.
We therefore have to establish that the treatment your loved one received was substandard which is not acceptable. It must be shown that another medical professional will not have made such mistakes in the same conditions presented.
Once this is established, we must be able to show a direct link between the breach of duty and the death. This means that we should be able to establish that your loved one suffered an avoidable death as a direct consequence of the actions or inactions of the medical professionals and that this would not have been so had the treatment not been negligent.
It must be noted that both elements should be demonstrated as if we are able to establish liability but not causation, we have not proven your claim and it will be unsuccessful.
How Much Compensation For Medical Negligence Resulting In Death?
The average payout for medical negligence resulting in death is not fixed but varies according to the specifics of your claim. While medical negligence NHS payouts are at an average of £50,000, death by medical negligence payouts in the UK can range from hundreds of thousands of pounds to millions of pounds.
The court may have to make calculations based on how much the deceased would have earned multiplied by the number of years they would most likely be working for. This is a way to ensure that the family gets the same range of financial support they would have gotten had the deceased remained alive. The family will also be awarded compensation to cover for their funeral and other medical expenses incurred.
The following can determine what the wrongful death lawsuit estimate will be;
- Medical and Funeral expenses and other out of pocket expenses associated with the death.
- Loss of inheritance caused by an untimely death.
- Loss of care, protection and provision for the family members
- Pain, suffering and mental anguish to the family or survivors
- Any medical treatment needed for family members who are suffering ill-health as a result of the trauma caused by the unfortunate death
- Loss of current earnings, projected earnings and other benefits because of the victim’s death
What is the time limit for making claims?
By law, you will have only three years from the date of the death to make a claim. However, we can still assist you if the time has elapsed and you were unable to make a claim for various reasons.
Get assistance from our specialist wrongful death claim lawyers
At Medical Negligence Direct, we handle all NHS negligence death compensation claims under our no win no fee policy.
Under this policy legally known as Conditional Fee Agreement, we will proceed to undertake your claims at no financial implications to you. With our No Win No Fee policy, you don’t need to make a legal fee payment before we can represent you and you are also protected from paying legal fees even if the case is unsuccessful.
However, at the end of a successful claim, we will take out 25% of your total compensation as “success fee”.
Do not put off seeking justice for the wrongful death of a loved one. We are here to help share in your pain and lift off some burden from your shoulders. Contact us today to make your claims.