March 2023
Despite significant advances in medical care and the dedication of healthcare professionals, mistakes can still occur. Unfortunately, in the most tragic circumstances, medical negligence can lead to death. When this happens, the emotional impact on families is devastating. Moreover, fear and uncertainty often intensify grief—particularly during the current cost of living crisis.
If the deceased was the main earner, families may immediately worry about their financial future. Even where life insurance exists, it may not be sufficient to cover long-term needs. At the same time, relatives are often left struggling with anger and distress, especially if their loved one endured unnecessary pain or suffering due to negligent treatment or a delayed or missed diagnosis.
Although nothing can undo the loss of a loved one, a wrongful death claim arising from medical negligence can help families in meaningful ways.
How a Wrongful Death Claim Can Help
While compensation cannot replace a life, bringing a medical negligence claim can:
- Provide financial security for dependent family members, helping to ease immediate and long-term financial pressures
- Trigger accountability, as claims often lead to investigations into the cause of death
- Promote safer care, by highlighting failures and helping prevent similar mistakes in the future
Importantly, although most claims resolve without court proceedings, the process allows families to seek answers and a sense of justice.
Examples of Medical Negligence Leading to Death
Medical negligence can result in death in a number of ways. Common examples include:
- Failure to diagnose or misdiagnosis of serious conditions, such as cancer, where delayed treatment removes the chance of effective care
- Failure to admit a patient to hospital when urgently required, for example in cases involving heart attacks, brain haemorrhages, or pulmonary embolisms
- Surgical errors, where mistakes during an operation prove fatal
- Medication errors, including incorrect drugs or unsafe dosages
In many of these cases, the patient suffers avoidable pain, distress, and loss of dignity before death.
How Are Wrongful Death Medical Negligence Claims Structured?
Claims arising from death due to medical negligence usually have two distinct elements:
- The estate’s claim for the pain and suffering experienced by the deceased before death
- The family’s claim for the financial consequences of losing their loved one
Each element is assessed separately but forms part of the overall claim.
Estate Claims for Pain and Suffering
A patient’s right to claim compensation does not end at death. Instead, the claim passes to their estate.
- The Executor of the estate can bring a claim for the pain and suffering endured prior to death
- If the claim succeeds, any compensation awarded becomes part of the estate and is distributed to beneficiaries
If the deceased died without a will (known as intestate), a family member can apply for a Grant of Letters of Administration. Once granted, the Administrator can pursue the medical negligence claim on behalf of the estate.
Claims for Financial Loss by the Family
Under the Limitation Act 1980, medical negligence claims must usually be brought within three years of the date the Claimant first became aware that negligence may have occurred.
In wrongful death cases, the Claimant is typically the Executor, Administrator, or a qualifying family member. Because these claims are legally complex and evidence-heavy, it is essential to seek advice as soon as possible. Most wrongful death claims take two to three years to resolve.
How Is Medical Negligence Causing Death Proven?
To succeed, the Claimant must prove—on the balance of probabilities—that the healthcare provider:
- Owed a duty of care to the deceased
- Breached that duty
- Caused the death, and that the outcome was a foreseeable consequence of the breach
An experienced Medical Negligence Solicitor will manage this process carefully and sensitively. They will gather and analyse evidence, which may include:
- Medical recordsWitness statements
- Independent medical expert reports
- Coroner’s findings and inquest conclusions
- Post-mortem or autopsy reports (where applicable)
This list is not exhaustive, and each case is assessed individually.
Support During Inquests
Inquests can feel overwhelming for bereaved families. However, you do not have to face them alone. Your solicitor can represent you directly or instruct a specialist Barrister to ensure your interests are properly protected and your questions are answered.
Final Thoughts
Death caused by medical negligence is a catastrophic and life-altering event. We understand the depth of your loss and the uncertainty you may be facing. Our role is to support you with compassion, clarity, and determination, while pursuing the compensation you need and holding negligent providers to account.
Our team has decades of combined experience in successfully advising and representing families in clinical negligence and wrongful death claims. We are here to support you every step of the way.
CONTACT US
Get in touch using the form below or via the following methods:
Ask NJS Law
For fast, friendly affordable legal advice. Contact a member of our team today.
