Dealing with the loss of a loved one is a difficult and distressing time. This can become even more traumatic when a loved one has died in circumstances involving negligent medical care. We have a dedicated team of specialist solicitors who would be able to help you through this process. We will do everything we can to make the claim for compensation as straightforward and stress-free as possible. Call our team on 0800 916 9049 or contact us online.
We understand it can be daunting not knowing where to turn when it’s suspected that medical treatment may have caused or contributed to a death, and
Slater and Gordon has a large team of specialist solicitors with considerable experience of many different types of medical negligence that resulted in death, whether through surgical error, delayed or missed diagnoses, or otherwise.
Why claim following the death of a loved one from Medical Negligence?
The death of an income-earner can place considerable financial strain upon the family left behind. Claiming compensation can ease that financial burden.
Bringing a claim can also uncover answers and help others by highlighting hospital errors so that the same mistakes won’t be repeated and affect others. Many of our clients find it reassuring that by pursuing a claim and putting a particular practice or failing under scrutiny, they could ultimately be helping to prevent other families having to go through the same anguish.
We also have a dedicated team skilled in providing representation at Coroner's Inquests. We can help you to find out what happened and why.
Who can bring a claim for a fatal accident as a result of Medical Negligence?
A claim relating to a loved one who has died as a result of clinical negligence can be pursued by the 'dependent' of the person who died. This can include the following:
- The husband or wife of the deceased
- In limited circumstances, a former spouse of the deceased
- A civil partner of the deceased (who had been living with the deceased for at least 2 years immediately prior to death)
- A child of the deceased
- A parent of the deceased
- A brother, sister, aunt, uncle, niece, nephew or cousin of the deceased
- Any other person who was treated by the deceased as a child of the family
The person bringing the claim must be able to show that they were dependent upon the deceased prior to death, either through being financially dependent upon them or by having relied upon the deceased to provide necessary care or assistance.
A partial dependency will suffice; it’s not necessary to show that the claimant was wholly dependent upon the deceased.
In addition, the Executors / Personal Representatives can bring a claim on behalf of the deceased's Estate for injury or losses incurred by the deceased prior to death, and for any expenses falling upon the Estate which arise from the death.
What can be claimed for in as a result of fatal Medical Negligence?
Dependents of the deceased can make a claim under the Fatal Accidents Act for:
- Loss of the financial dependency (i.e. a share of the income the deceased would have earned)
- Loss of 'services' dependency (i.e. the deemed value of care or other domestic services such as cooking, cleaning, help around the home, housework, and home and garden maintenance)
- The 'statutory bereavement award' (i.e. a sum fixed by the Government (currently £12,980) which can only be claimed by specific people, namely the husband, wife or civil partner of the deceased, or children of the deceased who were under the age of 18 at the date of death.
- Loss of love, affection and companionship provided by the deceased
In addition, a claim for compensation on behalf of the deceased's Estate can be made for:
- Suffering endured by the deceased prior to death, resulting from the injury
- Associated financial losses from the injury up to the date of death, which can include things like loss of earnings, medical
- expenses and treatment, damage to clothing and property, care provided, car parking and travel expenses
- A claim for the financial losses and loss of financial support resulting from the death (if the claim is being brought by someone who was financially dependent on the deceased at the date of death)
- Reimbursement of funeral expenses
- Probate fees, i.e. if a Grant of Probate or Letters of Administration were required
What are the legal fees for making a Medical Negligence Claim?
We can pursue clinical negligence cases (including those resulting from death) on a No Win, No Fee basis, so that you won't have to worry about paying legal costs until after the claim has concluded. If for any reason your claim is unsuccessful, you won't have to pay any fees.
If you have lost a loved one as a result of medical negligence, you may be entitled to a compensation claim. For a free initial consultation with one of our medical negligence lawyers call is on 0800 916 9049 or contact us online.
Why would you use Slater and Gordon’s Medical Negligence Lawyers?
As one of the largest Clinical Negligence Law Firms in the UK, we are in very strong position to use all our combined legal expertise to get the best possible results for people injured by medical negligence, through no fault of their own.
Slater and Gordon Lawyers is one of the UK's largest and well known law firms with offices in London, Manchester, Watford, Liverpool, Chester, Birmingham, Sheffield, Cardiff, Edinburgh, Cambridge, Milton Keynes, Preston, Wakefield and Wrexham.
Solicitors at Slater and Gordon Lawyers are members of the Law Society Clinical Negligence Panel, Action Against Medical Accidents (AvMA), the UK charity for patient safety and justice, and the Association of Personal Injury Lawyers (APIL).