Dealing with the loss of a loved one is a difficult and distressing time. Slater and Gordon’s solicitors can help you get the fatal mistake compensation and justice you deserve.
Unfortunately, there are many tragic instances where families suffer from the loss of a loved one where no one is to blame. However, if the loss of your loved one could have been prevented if medical staff had not made mistakes, you may be entitled to compensation and get the justice you deserve.
Why would I make a claim for death due to medical negligence following the loss of a loved one?
We understand that when you’ve lost a loved one, the last thing on your mind will be making a claim for compensation. However, many people who make fatal mistake compensation claims find it can help as:
It can help them find out exactly what happened – what mistakes were made and why
We can seek an apology from those responsible
It can help to fund much needed therapy for the family, such as counselling, following this traumatic event
If you were financially dependent upon your loved one, it can help with the cost of daily living
We understand just how traumatic it can be to suffer a loss and will provide the empathy, support and guidance needed at this difficult time.
If the death of a loved one as a result of medical negligence results in an inquest, our medical negligence lawyers have a vast amount of experience with representing families at inquests.
What sort of mistakes can lead to death by medical negligence?
There are a number of mistakes medical staff can make that can result in the death of a loved one, such as:
Delays in diagnosis
Misdiagnosis
Surgical errors
Prescription errors
Who can make a claim if there has been a medical negligence death?
A claim relating to a loved one who has died as a result of medical negligence can be pursued by a '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 two 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 considered by the deceased as a child of the family
In addition, the executors 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.
How do I prove dependency?
The person bringing the claim must be able to show that they were dependent upon the deceased prior to death either financially or for care and assistance. If you were only partially dependent, you may still be able to make a claim. It’s not necessary to show that you were wholly dependent upon them.
What will compensation cover in a death due to medical negligence claim?
Dependents of the deceased can make a claim under the Fatal Accidents Act for:
Loss of the financial dependency
Loss of 'services' dependency
The 'statutory bereavement award' which is a sum fixed by the Government. This 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
In some circumstances, you can also claim for the pain and suffering the loss has caused as well as any financial losses, such as loss of earnings, if you’ve been unable to work as a result of the bereavement.
Why should I choose Slater and Gordon?
The loss of a loved one is often a deeply distressing and emotional time, and no one should have to deal with this loss due to the negligence of a medical professional trusted with their care. We know that making a claim for death due to medical negligence can be incredibly tough, no matter how important, and our team are here to support you with empathy and compassion throughout the claims process.
We’re proud to have one of the best medical negligence teams in the country, and we’re consistently ranked highly in independent legal directories such as Chambers and Partners and the Legal 500.
We handle all of our cases with the utmost sensitivity and care, and we are able to offer home visits and immediate representation and support.
I cannot recommend Slater and Gordon enough, throughout the entire period of the case, all the staff have been both very professional, and supportive.
Mr Q (medical negligence client)
Kept informed regularly as to how my claim was going, prompt replies to any questions I had, excellent customer service at all times. Excellent service from all staff that have been involved in my claim.
Ms S (medical negligence client)
Kept informed regularly as to how my claim was going, prompt replies to any questions I had, excellent customer service at all times. Excellent service from all staff that have been involved in my claim.
Ms S (medical negligence client)
How much time do I have to make a claim for death due to medical negligence?
As a general rule, a claim for death due to medical negligence should be submitted within three years of death, as is standard for most medical negligence claims.
However, there are sometimes exceptions to this rule, so it is important to speak to a specialist medical negligence solicitor, as they will be able to inform you of any time limits that apply to you.
How much compensation will I receive for a death due to medical negligence claim?
Every case is different, and the final amount of compensation awarded will vary depending on a number of factors, including the level of pain and suffering experienced by the deceased before passing and the financial impact on their dependents.
You may also be able to claim for any financial losses you experienced as a result of the negligence, including any loss of income incurred while caring for the deceased prior to their death and funeral costs.
Can I change my solicitors to Slater and Gordon?
If you have already spoken to someone about making a fatal medical negligence claim, and you feel that you're not getting the specialist legal advice you need from your current solicitor, we'll be happy to discuss switching your case to Slater and Gordon. Simply call our experts on 0330 041 5869 or contact us online.
I cannot recommend Slater and Gordon enough, throughout the entire period of the case, all the staff have been both very professional, and supportive. Mr Q (medical negligence client)
Kept informed regularly as to how my claim was going, prompt replies to any questions I had, excellent customer service at all times. Excellent service from all staff that have been involved in my claim. Ms S (medical negligence client)