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Wrongful death medical negligence claims
One of the most sensitive and most painful medical negligence cases that our expert medical negligence personal injury solicitors work with are wrongful death claims. These claims are regarding a death caused by medical negligence.
Working through and coming to terms with the loss of a loved one is a difficult experience in any circumstances. However, this can be made even more painful for families who have lost a relative due to them not receiving the correct care or diagnosis for their illness or injury.
Our expert medical negligence solicitors here at MG Legal know how difficult this can be, and we are here to help affected families get the financial compensation that they deserve. No amount of money can come anywhere close to bringing back a loved one or filling that void of grief. However, many families could benefit from financial support and compensation to offset the financial impact of a lost loved one.
What are fatal medical negligence claims?
A wrongful death, or fatal negligence compensation claim, is a financial claim for negligence where a medical professional is liable for the death of a patient, due to their negligent actions.
This means that the medical professional has provided a service, or a standard of care, that is below the standard of care expected from someone in their position. The key aspect of a medical negligence claim for wrongful death is proving that this negligent service was a direct cause of the death of the patient.
Who can make a claim for medical negligence resulting in death?
A wrongful death compensation claim can be made under the Compensation Act by the family of a deceased person. This can be done by any family member who is classed as a ‘dependant’ of the person who has passed away. This is most commonly the children and spouse of the deceased person, but could be parents, siblings, or other close family members depending on you individual family situation. Broadly speaking, anybody who would have obtained financial help to benefit from the family member that they have lost, would class as a dependant.
As well as these dependency claims, if the deceased person had a will in place at the time of their death, the executor or administrator of the will and estate can make a claim for compensation known as a ‘loss of amenity’ for the family. Instead of the financial loss, this compensation instead aims to cover the pain and suffering of loved ones, and their loss of enjoyment in life as a result of the wrongful death.
Can you sue the NHS for death due to medical negligence?
Yes, you can sue the NHS for a wrongful death or a fatal negligence case. While the treatment that we receive from the NHS is not paid for personally from our bank into theirs, it is still paid for through our taxes every year. Therefore, if the care that you receive under the NHS is sub-par, and falls below an acceptable standard, then you are well within your rights to make a claim for any injuries, or deaths, that occur as a result of this negligent care.
Our medical negligence solicitors are experts in financial claims against the NHS, and have settled thousands of these cases for our clients over our thirty years of experience in the field.
Common types of medical negligence leading to death claims:
A wrongful death due to medical negligence can be caused by a huge number, or combination, of reasons. With so many procedures and treatments offered to patients, many of which involve using anaesthesia and invasive procedures to correct serious medical conditions, it would be impossible for everything to go perfectly 100% of the time.
However, there are occasions where medical mistakes take place due to a medical professional failing to take due care or precaution. Some common examples of these are:
Anaesthesia- mistakes in administering anaesthetic, such as allowing too much to be administered to a particular patient during a surgery.
Surgical errors and surgical negligence- many surgeries can be high risk and very complicated. Some surgeons may mistakenly prescribe an incorrect surgery, resulting in death, or make a major mistake during a surgery that the patient cannot recover from.
Medical misdiagnosis- if a serious illness or disease, such as cancer, is not correctly diagnosed and treated properly at an early stage, then it could lead to the problem worsening, spreading, or even resulting in a wrongful death.
Cosmetic surgery complications- in which mistakes are made and, for example, the patient loses too much blood to survive.
Incorrect prescription of drugs- instances where a medical professional either prescribes the wrong drug, or the wrong dosage of a drug, that causes a wrongful death.
What is the average payout for medical negligence resulting in death?
As is the case with all medical negligence claims, the amount of financial compensation that you could be entitled to as a result of medical negligence regarding a wrongful death will vary depending on your specific claim circumstances. For example, the degree of negligence that the medical professional showed, how strong the case is proving that the medical negligence directly lead to the wrongful death, and the amount by which this affected the potential life expectancy of the deceased.
It is impossible to exactly estimate how much a specific claim will receive, but our specialist personal injury and medical negligence solicitors can offer some guidance with reference to the Judicial College’s 15th edition guidelines for the assessment of general damages.
It is always important to remember that these estimates cover the compensation available for the death itself, and do not take into account any further payments for special damages for the financial impact on any dependants.
How can MG Legal’s medical negligence solicitors help with my wrongful death compensation claim?
Our expert medical negligence solicitors specialising in wrongful death claims accept all of our fatal negligence cases on a No Win No Fee basis. This means that if we do not settle your case and win the financial compensation on behalf of our client, then we do not get paid for our work and you owe us nothing.
We are able to do this due to our success rate of over 99% in medical negligence claims, which we have accumulated over thirty years in the field.
Our expert team understand that the time after losing a loved one can be a difficult, emotional, and even frustrating time. For this reason, your designated medical negligence solicitor with act with sensitivity to guide you through the process and make it as easy as possible for you and your family. If you need to speak with your solicitor at any time, we make this easy, and they will be only a phone call away. If your designated solicitor misses your call due to being in a meeting with another client, we can assure that they will personally get back to you within one working hour to answer any questions, or discuss any worries that you may have. No question is too big or small for them.