Claims for Death by Medical Negligence

If you are considering suing a GP or hospital for wrongful medical negligence death, you may be wondering where to start and who to claim against. That is where we come in.

If you believe a loved one’s death was caused by negligent care, you can bring a claim against the NHS or a private healthcare provider for a medical malpractice death. Often, your loved one would have received medical treatment from several medical professionals.

While not an exhaustive list, the healthcare professionals most often at the root of an NHS negligent death claim include:

• GPs
• Surgeons
• Medical consultants or specialists
• Anaesthetists
• Nurses
• Pharmacists

Our medical negligence team will ensure the correct medical professionals are identified during the investigation. Throughout your hospital negligence death claim, we’ll make every effort to ensure you never feel rushed. You can take the time you need because we understand that talking about it takes a lot of courage.

You can make a claim if you are a dependent of the person who has died. Dependents include but are not limited to:

• Husband or wife
• Civil partner
• Children
• Parents
• Siblings
• Close family members (aunt, uncles, cousins, etc.)

If a Will exists, then the named executor/executrix of that Will can make a claim for medical negligence death on behalf of a loved one’s Estate for improper treatment before their death.

Claiming compensation for death caused by hospital negligence can be legally complex. However, this should not put you off. It just means you should enlist the services of experts, like our team at Been Let Down, who know what is required and who can help you succeed.

During initial consultations, we will ask you about the details of your situation before proceeding. You won’t need to worry about costs until we’ve confirmed we’re pursuing your case.

Our expert medical negligence solicitors can discuss funding options with you further, but most of our cases are run on a No Win No Fee basis. This is also known as a Conditional Fee Agreement. This means if we’re unsuccessful in pursuing compensation, you won’t need to pay a penny. This is unless the claim is deemed to be fraudulent, or you have failed to comply with our reasonable requests to pursue your claim.

If your claim is successful, our fee will be a percentage of the compensation awarded. We will agree on this with you beforehand, so you’ll never be faced with unexpected costs at this difficult time.

If you have recently lost a loved one, making a claim may feel all too much. We understand you are still grieving, so the last thing you want to do is go through an arduous claims process.

That is why we have made the process of suing an NHS GP or hospital for wrongful death as simple as possible. The claims process usually goes as follows:

• Once you contact us, one of our solicitors will listen to your circumstances. We will tell you whether we feel your case is strong enough to claim compensation.
• If we think you have the grounds to bring a case, you can decide if you’d like to proceed. We will never put pressure on you to make a claim – it’s your decision.
• If you decide to go ahead with a claim for death caused by medical negligence, and we believe you have a strong case, your medical negligence solicitor will represent the Estate of your loved one. We will only prepare your case for court if required.
• Your medical negligence solicitor will request full details of the circumstances that led to your loved one’s death. Family members also need to provide a timeline of events leading up to when your loved one passed away, any key dates, and any persistent symptoms that occurred. This is referred to as a ‘witness statement’.

It is unlikely that a claim for death by GP or hospital negligence will go to court. Very often, cases are settled before this stage. NHS Resolution is the agency responsible for handling NHS negligence death claims in England.

In 2023/24, only 19% of clinical claims against the NHS entered formal court proceedings. So, it is unlikely you will have to go to court.

However, if you’ve engaged the services of our experienced medical negligence legal team, you can be sure you will get the help you need. You will never be left to face it on your own.

To prove your loved one was subjected to negligent treatment before they passed away, two elements must be established: a breach of duty and causation.

• Liability/Breach of Duty: We must prove your loved one’s death was caused due to a negligent error(s). This means we must show that the treatment your loved one received fell below a reasonable standard of care. We must demonstrate that other practitioners from the same discipline would not consider the actions of the medical professional(s) acceptable.
• Causation: Once a breach of duty is established, we must prove that the negligent treatment caused the death, which could have otherwise been avoided.

Both elements must be established to prove your loved one’s treatment was negligent. Therefore, if a breach of duty is established but we cannot demonstrate that this caused any further complications, we would not be able to prove your loved one’s treatment was negligent.

Our advice is to get in touch with us as soon as you believe you have a claim for death by negligent care, while the details are still fresh in your mind. Furthermore, there are time limits that apply to such claims.

You have three years from the date of your loved one’s death to make a claim. However, there are some exceptions for children and those being treated under the Mental Health Act.

We know that seeking compensation for a death due to negligence can be hard. For the family members left behind, you may still be in a state of shock. Our priority is to support you at an emotionally tough time and do all we can to get the compensation you deserve. If you’d like to find out more, please call us on 0800 234 3234 to speak to our expert legal team.

In cases of GP or hospital negligence resulting in death, compensation amounts differ between each case. This is because the amount will reflect the unique circumstances surrounding your claim.

You could receive ‘General Damages’ for the pain and suffering caused to your loved one. This is assessed using the Judicial College Guidelines and case law. But any final compensation award could also include ‘Special Damages’ for any direct financial impact caused by the loss of your loved one.