Fatal injury medical negligence claims

Fatal injury medical negligence claims are compensation claims brought by the personal representatives or dependants of someone who has died as a result of negligent medical care. These claims arise from substandard healthcare which suddenly or over a longer period of time cause serious injury or deterioration which causes or significantly brings forward in time the patient’s death, in circumstances where correct care would have avoided the injury.

Fatal injury medical negligence claims should be handled by specialist solicitors. Medical negligence claims are complex, and fatal cases have their own additional legal requirements and complexities. Our medical negligence lawyers are nationally recognised for our expertise in complex and high value fatal compensation claims.

Where someone’s death was caused by medical negligence, the deceased’s dependants, partner and their ‘estate’ may be entitled to compensation. The claim is generally made (on behalf of all who can claim) by the deceased’s personal representative, who is usually a family member or solicitor acting as executor or administrator of the deceased’s estate. A claim may be made by a dependant who is not a personal representative solely for their dependency.

Where more than one person is entitled to claim (such as where the deceased left a partner and dependent children) our fatal injury claims specialists will advise you on the most appropriate person to bring the proceedings whilst ensuring that each claimant’s interests are protected.

Yes, conditional fee agreements (CFAs), more commonly known as no win no fee agreements can be used by the injured person’s personal representative (executor of the deceased’s will or administrator if there is no will) to pay for a fatal injury claim on behalf of the deceased’s estate and dependent family.

Boyes Turner’s fatal injury solicitors provide full, clear and straightforward advice to all our clients about their options for funding their fatal injury claim. Most of our clients’ claims are funded by no win no fee agreements.

Compensation for fatal injury is governed by specific rules which are set out in The Fatal Accidents Act 1976 and The Law Reform (Miscellaneous Provisions) Act 1934. Together, these two statutes give the beneficiaries of the deceased’s ‘estate’ (those who inherit under their will or intestacy) and the deceased’s ‘dependants’ the right to claim one or more of the following types of compensation.  

The deceased’s children, partner or other dependent family can claim:

• the loss of the financial support they received from the deceased’s income;
• the costs of replacing the ‘services’ provided by the deceased, such as child-care, housework, cooking meals, driving, DIY or gardening.

The deceased’s minor child, husband, wife, civil partner or current cohabitee for at least two years can claim a fixed, statutory bereavement payment.

The deceased’s estate can also claim compensation for:

• the deceased’s additional pain, suffering and disability leading up to their death;
• the deceased’s care costs leading up to their death;
• funeral costs and other expenses caused by the deceased’s injury and death.

We may also advise the family to claim compensation for others who were injured in the same event, such as for a baby who suffers brain injury as a result of the negligent maternity care that caused their mother’s death in childbirth.

There are many medical mistakes and failings that can lead to a patient’s death, but medical negligence claims for fatal injury most commonly involve one or more of the following:

• delayed diagnosis or misdiagnosis;
• delayed referral to hospital or to a specialist;
• delayed or incorrect medical or surgical treatment;
• delayed, incorrect or misinterpreted investigations, e.g. biopsies, blood tests, scans;
• communication and follow-up failures;
• risk assessment and management failures;
• ventilation, resuscitation, anaesthetic, and oxygenation errors;
• medication errors;
• delayed or incorrect A&E/emergency or ambulance care;
• cardiac care errors;
• maternity and obstetric errors.

Any potentially life-threatening condition can lead to the death of a patient but not all deaths from these conditions are the result of poor medical care. Where the patient’s death was caused by medical negligence in circumstances where correct treatment would have avoided their death, their bereaved dependent family may be able to claim compensation.

Fatal injury medical negligence claims most commonly involve substandard treatment for, or leading to, one of the following life-threatening conditions:

• brain injury;
• brain haemorrhage, such as SAH;
• complications of pregnancy and birth, such as obstetric haemorrhage, uterine rupture, stillbirth;
• infection, such as TB, meningitis and sepsis;
• cardiac arrest and heart failure;
• venous thromboembolism (VTE), clots and stroke;
• cancer and tumours;
• organ failure (heart, lungs, kidneys etc);
• anaphylaxis;
• epilepsy.

As with most medical negligence and personal injury claims, there are time limits for making claims for compensation following an injury which, either immediately or later, results in the injured person’s death.

In general, most fatal injury claim deadlines expire three years after the injured person’s death, unless the injured person, having mental capacity, had already allowed their limitation deadline relating to their injury to expire before they died.

The limitation deadlines in claims arising from a death or an injury which later results in the injured person’s death are complex and the individual circumstances of each claim must be carefully assessed by a solicitor to ensure that the deadline for issuing proceedings is correctly understood. We recommend that the family, dependents and/or executors of the deceased person’s estate seek legal advice from our specialist fatal injury solicitors as soon as possible after the injury or the deceased’s death, to ensure that they retain their right to claim compensation.

Boyes Turner provide a full support service to our clients and their families, including assistance with probate and other formalities arising from their loved one’s fatal injury and death.

When a patient dies during or after medical treatment, their death may be reported to the coroner to investigate and certify the cause of death. The coroner may decide that the cause of death is clear and issue a death certificate without the need for further investigation. If they have any concerns about the circumstances in which the patient died, they may request a post-mortem, decide to hold an inquest, and take statements from witnesses, including the deceased’s family.

If you are approached by the coroner’s office after healthcare mistakes led to a family member’s death, we recommend that you contact us immediately for advice.

Boyes Turner’s fatal injury solicitors can help you by advising you about the inquest, gathering important evidence, challenging an incorrect cause of death and representing your family at the inquest, to ensure that your questions and concerns about your loved one’s medical care are answered.

After the inquest we can then work with the evidence that we have gathered to obtain an admission of liability from NHS Resolution or the healthcare provider who was responsible for the patient’s death, and financial help via an interim payment or a negotiated compensation settlement.