The sudden, unexpected loss of a parent or partner is traumatic for their family, and often made worse by the financial worries that arise from their death. At this difficult time, bereaved families are confronted with the challenging prospect of rebuilding their family life without their deceased spouse or parent, and without the financial income, childcare, housework, driving or other support that they routinely provided. Where the deceased’s death was caused by negligent healthcare delays or mistakes in medical treatment, the bereaved, dependent family may be able to obtain compensation by making a fatal medical negligence claim. Whilst it may seem daunting to investigate a claim soon after such an emotionally difficult experience, our bereaved clients often find that by investigating their claim, they obtain important answers from independent experts as well as compensation which helps to provide long-term financial security for those who are left behind. What is a fatal injury claim? A fatal injury claim is a claim for compensation which can be brought by specified eligible family members and dependants of someone who has died as a result of negligence. The negligent action or healthcare may have occurred in the immediate period before the deceased’s death. Claims can also arise where the death was caused by negligence which took place months or years before. Fatal injury claims arising from medical negligence commonly relate to delayed diagnosis, referral or treatment of a patient, or mistakes in their hospital, surgical or GP care. The negligence may have directly caused the patient’s death, or may have denied the patient the opportunity that they should have had to be treated and recover from their condition. In some cases, it may have significantly accelerated their death, in circumstances where, with correct treatment, they could have been expected to live for many more years. Why should I make a fatal injury medical negligence claim? In medical negligence cases relating to the death of a parent or partner, the main purpose of a fatal injury claim is to help the bereaved family cope financially by providing compensation for the deceased’s dependants. In addition to compensation, the deceased’s family sometimes find that an independently investigated claim also provides the information, acknowledgment and accountability that they are seeking from the healthcare provider. Whilst making a claim for medical negligence cannot reverse the injury or lessen the loss, it can give the deceased’s family an understanding of what happened and a sense of closure. Where liability (fault) is admitted, the healthcare provider may also apologise for their mistakes and for any suffering that they caused the deceased, which can help with the family’s healing process. Who can claim compensation when someone dies as a result of medical negligence? There are limited categories of people who can make a medical negligence claim for compensation after a loved one’s death. A claim can be brought by a ‘dependant’ who depended on the deceased’s income or ‘services’ (such as child care). In most cases, a dependant will be a child, spouse/partner or parent. In some circumstances a sibling, niece/nephew, grandchild or any other person who was considered by the deceased as a child of the family, may also be entitled to bring a claim. If the deceased left a will, their executor can make a claim on behalf of the deceased’s estate and dependants. If court proceedings are needed to progress the claim, an application must be made for a grant of probate authorising the executor to take the necessary action on behalf of the deceased’s estate. If there is no will, formal letters of administration will need to be obtained to ensure that the correct person makes the claim. In each case, our solicitors can advise the deceased’s family on the best person to make the claim, and can handle the necessary applications. As with almost all medical negligence claims, there are time limits for starting a fatal injury claim. If you are concerned that you or someone in your family may have a claim arising from a loved one’s death, it is important to get in touch with our expert solicitors as soon as possible, as you may be barred by law from bringing a claim if the limitation deadline has passed. What compensation can be claimed in a fatal injury medical negligence claim? The compensation that can be claimed in a fatal injury medical negligence claim depends on a number of factors, including the cause and duration of the deceased’s injury, their family circumstances and the financial consequences of their death. Depending on these individual circumstances, one or more of the following losses may be claimed: the pain, suffering and disability suffered by the deceased before their death; the deceased’s financial losses before their death, such as loss of earnings suffered as result of the negligence, travel expenses to medical appointments, and costs of any care or treatment they required; a statutory bereavement payment or where bereavement damages cannot be claimed, a sum for the loss of intangible benefits of losing a parent or child; reasonable funeral expenses; loss of the deceased’s ‘services’, such as housework, childcare, gardening, or care to a disabled family member; loss of financial dependency on the money that the deceased contributed to the household or provided to an individual, that is no longer received owing to their death. Boyes Turner’s specialist solicitors investigate each claim carefully to ensure that the deceased’s estate and dependants receive their full entitlement to compensation. Settlements in fatal injury claims arising from medical negligence Read more about some of the settlements we have achieved for bereaved families in fatal medical negligence claims: £2.5 million settlement for the family of a woman who died after GP surgery and hospital staff failed to diagnose and treat her pneumonia. The mediated settlement included a claim for the loss of her care for her two young children, one of whom has cerebral palsy; £1.4 million settlement for the family of a 30-year-old man who died after negligent hospital treatment for a tumour in his liver; £800,000 settlement for the family of a young mother who died after a delayed diagnosis and treatment of an ovarian cyst, resulting in her death from ovarian cancer; £265,000 settlement for the family of a woman who died after GP and hospital delays in diagnosis and treatment of cervical cancer; £253,000 settlement for the widower of a 51-year-old woman who died from a subarachnoid haemorrhage after NHS hospital and private medical consultants failed to diagnose and treat her brain aneurysms; £250,000 settlement for the widow of a man who died after GP failure to refer him for cardiac care; £250,000 settlement for the widow of a man who died after GPs misdiagnosed his malignant melanoma as a verruca; £200,000 settlement for the widow of a man who died after air in his post-surgical central line caused air embolism and stroke; £200,000 settlement for the family of a young woman who died after negligent hospital treatment of sepsis infection. Read more about claims for fatal injury caused by medical negligence. If you or a family member have suffered severe injury as a result of medical negligence or have been contacted by HSSIB/MNSI or NHS Resolution you can talk to a solicitor, free and confidentially, for advice about how to respond or make a claim by contacting us.
