Fatal Medical Negligence Claims

Here are just a few of the circumstances that could result in a claim for medical negligence causing death:

• Surgical errors
• GP negligence
• Cancer misdiagnosis
• Orthopaedic injuries
• Brain injuries
• Medical misdiagnosis
• Birth injuries
• Negligent NHS treatment

There are many factors, decisions and mistakes that could tragically cause a preventable death. But even if none of the circumstances above apply to the ordeal faced by your family, you may still have grounds to make a claim.

We appreciate that claiming compensation for hospital negligence resulting in death might be the last thing on your mind. But to help you process the events, it’s important to know about some of the ways it could help you and your family.

At Been Let Down, we may be able to help you claim compensation under the Fatal Accidents Act. The compensation you receive can provide you with the breathing space you need to start rebuilding your lives after a loved one’s passing. Making a claim for death caused by medical negligence can drive up standards of treatment provided by healthcare trusts. We are here to support you and represent you legally, so you can focus on mourning the loss of your loved one.

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.

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.

If you think that negligent medical treatment resulted in the preventable death of a loved one, then get in touch so we can assess the details of your potential claim. Our legal team will provide expert guidance throughout the entire process, as well as ongoing support, ensuring we secure the justice and compensation your loved one deserved.

In the UK, you generally have three years to start a fatal medical negligence claim, which usually runs from the date of the person’s death. This time limit is set by the Limitation Act 1980.

To establish a legal claim, two things must be established:

• Breach of Duty.
• Causation.

Breach of duty is proving that your loved one’s care fell below the standard to be expected from a reasonable and competent doctor. Causation is proving that the breach of duty likely caused your loved one to suffer additional injuries. Both of these need to 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.