Fatal Medical Negligence Claims

A fatal medical negligence claim may be possible if substandard medical treatment caused or materially contributed to your loved one’s death. Claims can arise from delayed diagnosis, failures to treat a serious condition, surgical errors, medication mistakes or inadequate monitoring and care.

A claim may be brought on behalf of the deceased person’s estate by their personal representative. Certain dependants may also be entitled to claim for financial losses or services they relied upon. A solicitor can advise who is eligible based on the individual family circumstances.

Fatal claims may involve a failure to diagnose cancer, sepsis, stroke or another serious condition, delayed treatment, surgical or anaesthetic errors, medication mistakes, inadequate post-operative care, failures in maternity care or negligent treatment in hospitals, GP surgeries and care homes.

Compensation may include the pain and suffering experienced by the deceased before death, funeral expenses, financial dependency, loss of services and other losses incurred by the estate or eligible dependants. Bereavement damages may also be available to certain qualifying relatives.

A dependency claim seeks compensation for financial support or services that an eligible dependant would probably have continued to receive from the deceased. This may include income, pension benefits, childcare, household assistance or other practical support.

A Coroner may open an inquest where a death was unexpected, unnatural or the cause is unclear. The inquest examines who died and when, where and how the death occurred. Wollens can advise families during the process and provide representation at the hearing where appropriate.

A civil claim and an inquest are separate processes. It may be possible to begin investigating a fatal medical negligence claim before the inquest concludes. Evidence obtained through the inquest can also help clarify what happened and support the wider legal investigation.

Your solicitor will usually obtain medical records, post-mortem reports, investigation documents and inquest evidence. Independent medical experts may then be instructed to assess whether the treatment fell below an acceptable standard and whether that negligence caused or contributed to the death.

Strict time limits apply. In many cases, court proceedings must be started within three years of the death or the date the relevant person first became aware that negligence may have contributed to it. Because exceptions and different rules can apply, early specialist advice is recommended.

Many claims are resolved through negotiation without a full trial. Court proceedings may nevertheless need to be issued to protect the claim or resolve disputed issues. Your solicitor will explain each stage and support your family throughout the process.

No Win No Fee funding, also known as a Conditional Fee Agreement, may be available for suitable fatal medical negligence claims. Wollens can assess the circumstances and explain the funding options, potential costs and any applicable deductions before you decide whether to proceed.