Medical Negligence Resulting in Death – Can Family Members Claim Compensation?
Can I Claim Compensation for the Medically Negligent Death of a Loved One?
It is always difficult to lose a loved one, but it can be especially painful when it was medical negligence resulting in death. If you are living in the UK, we can help you to claim compensation after the tragic death of a loved one.
Claiming for Medical Negligence Resulting in Death
If medical negligence results in a person’s death, then the medical institution or medical professional responsible for the negligence can be held to account. In that case, a close relative can likely claim compensation for the death of their loved one.
Like with most medical negligence claims, there is a time limit in which you must start your claim; generally within 3 years of your loved ones’ passing.
You could possibly claim compensation for a person’s death from medical negligence such as:
- Negligence in A&E
- Surgical negligence
- Misdiagnosis which led to death, if the outcome would have been different if the person had been correctly diagnosed
- Prescription and medication negligence
- Birth negligence
How is Medical Negligence Defined?
Medical negligence is legally defined based on factors known as the 4 D’s of medical malpractice. These are:
- Duty
During training, all doctors are taught what the duty of care is that they must provide to all their patients.
- Derelict
Dereliction is the official term for when a medical professional is considered to have broken this duty of care
- Direct Cause
In order for a medical malpractice claim to be filed, you must be able to prove that it was the direct fault of a medical professional.
- Damages
The medical negligence payout that you could earn will be calculated based on the severity of the injury. In the case of death, this will obviously mean that it will be considerably higher than a negligent injury that a patient has survived. Any travel expenses that occurred during any treatment of the victim will also be taken into consideration.
In cases of wrongful death, all of these factors must be investigated thoroughly because of the seriousness of the situation. A UK claim can be pursued by a close family member and is considered a civil matter. The Fatal Accidents Act of 1976 means that a spouse, civil partner or the parents of a child who is under the age of 18 can pursue a claim for wrongful death.
You could potentially make a claim for a payout under the Compensation Act if the deceased person has a family, children under the age of 18, a spouse and provided financial support. A payout is also available if the deceased cared for another person and alternative care has to be paid for.
How Long Will the Claim Take?
In cases of such severity, it is difficult to be able to put an exact timescale estimation on how long a claim could take to be decided. All of the medical evidence will have to be thoroughly examined and considered, possibly by different medical professionals. However, the two stages are:
- It will be determined who was responsible and therefore liable for the wrongful death. This will most likely be an individual, but there is the chance that it could also be a medical institution.
- The medical evidence must be thoroughly assessed in order to fully understand all of the factors that lead to the death.
If it is the case that multiple medical professionals have to review the evidence, then the overall claim time could potentially take longer.
How Our Medical Negligence Solicitors can Help You
Here at AWH Solicitors, our specialists have a lot of experience in handling sensitive cases and are well-equipped to deal with all aspects of a medical negligence claim. We can get you the best possible outcome to lessen any financial burden that you may face.
When you get in touch, our experts will first help you assess your ability to claim by taking your details, before proceeding with the first steps.
Contact us today to begin your medical negligence resulting in death claim.
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