MG Legal, Nationwide Medical Negligence Solicitors. The team that put you first. Contact us for a free, no-obligation consultation: 01772 783314 or email at: email@example.com
NO WIN NO FEE Wrongful Death medical negligence claims
100% No Win No Fee Claims.
- Pay nothing if you lose.
When you work with MG Legal's medical negligence solicitors, you get:
Free, no-obligation consultation with a specialist solicitor
The maximum financial compensation in your medical negligence claim
A designated solicitor with up to 30 years of experience
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.
Neglect by NHS Trust led to the death of a mental health patient who took his own life:
In December of 2021, a jury concluded that Phil Lamplough’s tragic death was contributed to by neglect on the part of the NHS. Phil Lamplough died on 17th April 2020 while in hospital at the Abraham Cowley Unit (ACU), part of Surrey and Borders Partnership NHS Trust. He lost his life due to a brain injury, following an attempt made by Phil to take his own life.
After being first taken into hospital on 3rd April, due to taking an overdose of his prescribed medication, and returning to hospital on 11th April due to suicidal thoughts, Phil Lamplough was discharged on the same day. Only the next day, he was evicted from his accommodation due to self-harm, and police escorted him to a homeless shelter, where staff later called 999 reporting that Phil was trying to walk into traffic. It is at the point that he was detained under the Mental Health Act, and was detained for further assessment, being admitted to the Abraham Cowley Unit (ACU) the next day.
However, only two days later, staff found Phil where he has attempted to take his own life, and he tragically lost his life as a result two days later in hospital. When it came to the jury concluding on the case, they found that Phil Lamplough had died of suicide, and that his death was contributed to by neglect. They found a number of failings on the part of the NHS and the treatment that Phil received throughout his mental health struggles, and that all of the following had probably made a contribution to his death:
A failure to undertake a specific risk assessment and create a treatment plan to deal to the risk of methadone withdrawal and the need to monitor for withdrawal symptoms.
A failure to assess Phil for methadone withdrawal using an opiate withdrawal scale 4 times a day to monitor for withdrawal signs.
A failure to ensure that the SBARS (shift handover documentation) contained specific reference to the need to observe Phil for methadone withdrawal.
A failure to follow the observation policy and record adequate information in the observation log in relation to methadone withdrawal.
A failure to act expeditiously or effectively when Phil repeatedly sought a review of his medication in general and in particular on the 15th April 2020 when he asked for Subtex.
Lack of staff training about methadone withdrawal and dual diagnosis patients.
A failure to undertake an adequate risk assessment and record a care plan to assess and manage Phil’s psychotic symptoms after the ward round on the 14th April 2020.
A failure to ensure that the SBARs made specific reference to the need to observe Phil for psychotic symptoms.
A failure to follow the observation policy and record adequate information in the observation log in relation to psychotic symptoms.
A failure to escalate the psychotic presentation observed by staff on the 15th April 2020.
A failure to engage sufficiently with Phil on a one-to-one basis to ensure that his needs were met and he felt reassured that his mental health and withdrawal symptoms would be addressed.
A lack of staff training around the taking and recording of observations.
A lack of time available to carry out observations.
The unintentional creation of a ligature point by the cutting down of the toilet cubicle door stop in 2018.
This case is a truly upsetting one, that demonstrates the extent of the impact that clinical negligence can have, and how it can lead to the wrongful death of a patient so tragically. Our medical negligence solicitors have carefully studied the specifics of this case, and the experience of Phil Lamplough, and were saddened to see the repeated failures that he experienced, even when he was seeking help repeatedly.
If you have lost a loved one, or one of your loved ones have taken their own life, and you believe that the standard of care that they received from the NHS or medical staff was below the duty of care owed, you could be able to make a wrongful death medical negligence claim with our specialist solicitors. To learn more about wrongful death claims, how they work, and how MG Legal can help you and your family, simply contact us online here and speak to a solicitor within one working hour on a free no-obligation basis.
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.