CLINICAL & PROFESSIONAL
NEGLIGENCE EXPERTS
 

Death

Death Due To Medical Negligence

The loss of a loved one is the most painful experience that any person can go through. But knowing that a loved one may have died due to the negligent actions of a medical professional adds significantly to the emotional trauma experienced by those closest to the deceased.

In amidst the grief and confusion of these most painful situations, it can be difficult to make sense of what has happened. If you have any reason to believe your loved one died as a result of negligent care from a medical professional, you may be able to consider a claim for medical negligence.

If you have even the slightest concerns that what happened may have constituted medical negligence and would like to discuss the matter with someone who can help confirm this, speak to one of our specialist medical negligence Solicitors today.

By bringing a claim of this nature, it will likely be under the Fatal Accidents Act.

Who can be subject to a claim?

There were likely several medical professionals who had a role in the care of your loved one, so it is important to distinguish who is accountable for the failings that contributed to the loss of life, to avoid pursuing the wrong person or damaging the chances of claiming against the correct medical professional. The medical professionals most cited in cases of medical negligence are (this is not an exhaustive list):

  • GP
  • Surgeon
  • Medical Consultant or Specialist

We are deeply sensitive to the complex and tragic nature of cases involving loss of life. As such we are keen to make sure that the claim is thoroughly explored and only the correct medical professionals are identified in any claim.

How much would it cost to claim?

If we consider you have a strong case for medical negligence, we will investigate the claim further on your behalf. As part of this process, we will seek (with all necessary written consent) copies of the relevant medical records, and engage a medical professional who can provide expert opinion.

If the claim meets all of the criteria for medical negligence, it will be brought on behalf of the estate of the deceased.

We may also offer to pursue the claim on a ‘No Win, No Fee’ basis. This is also known as a Conditional Fee Agreement (CFA) and will allow the estate to pursue the claim against the medical professional or hospital without financial implications.

When should I get in contact?

It is advisable to get in contact as soon as you can, given the time limits that exist on fatal accident and medical negligence claims. There is normally a time limit of three years from the date of death to lodging a claim with the court, however, this can sometimes vary in exceptional circumstances.

If you wish to pursue a claim, call our office on 0800 2343234 to speak to one of our team. You can also complete our online claim form to request a call-back for a time that suits you.

Making a claim following the death of a loved one, due to negligence, can be difficult for those members of the family who are still in a state of shock.  Our priority is to support those left behind during what is an emotionally turbulent time, and do everything we can to seek the compensation they are owed.

Compensation will never relieve the sense of loss, but it can help alleviate the financial stress you are experiencing, which will be especially important if the main breadwinner of the family has been lost or other monetary problems have occurred.

What can a claims expert help with?

Once you instruct a Solicitor to help, they will represent the estate of the deceased.

Fatal injury compensation claims can be legally complex in nature hence why you need the services of an expert in this field to work for you.

The events that led up to the occurrence can vary, but here are just a few examples of claims we have handled:

  • Death has occurred due to surgery or treatment by a medical professional
  • A medical condition has not been detected or diagnosed
  • Cancer was present but was not diagnosed or treated

A claim for compensation can be made whether the treatment was carried out by a GP, consultant, surgeon, pharmacist, or dentist.

How will the claims process take place?

It may be necessary for a post-mortem to be conducted so that the cause of death is conclusive.  This may also be carried out if death or fatal injury occurs due to violence, accident, surgical operation, or medical treatment.  If the post-mortem proves to be inconclusive, an inquest may be ordered.

Your Solicitor will require full details of the circumstances, and family members will need to give a precise history of events leading up to the event, along with dates and any symptoms or problems that occurred.  Once your Solicitor has all of the necessary evidence, they will prepare the case for court (if required).  Very often, these cases are settled before this stage, so do not worry that you will have to attend court.

By engaging the services of a professional fatal injury negligence Lawyer, you can be assured of receiving help and support, as well as adequate recompense for your loss.

If you have recently lost a loved one as a result of a fatal injury, your life may have been turned upside down emotionally and financially.  If you consider medical negligence caused or contributed to their death, then you may be able to eligible to claim compensation.

How can compensation help?

Although monetary compensation may be the last thing on your mind at the moment, it could help you in many ways.  Firstly, if you are struggling to work at the moment, or if your family has lost its main breadwinner, financial compensation can provide you with the breathing space you need to start the recovery process.  Secondly, it will help you to start the process of planning for the future.

If you have dependents, you may be worried about how you will support your family.  Financial compensation is the best way to ensure the future of your family; such a claim will be expected by those who have been negligent, and you are entitled to justice in such an unjust situation.  You may feel you don’t have the emotional reserves to deal with such a process, but this is where we will assist you.  Our job is to take the burden of making a compensation claim from you, allowing you to focus on the day to day needs of you and your family.

The circumstances

If a third party was responsible, we will work with you to gather the evidence necessary to prove negligence occurred, and that this caused the death of your loved one.  Dates, circumstances, witnesses, injuries, timings, safety precautions; all of these and more will be needed to prove liability against the third party, whether it is an organisation, company or individual.

Timings apply

You have three years from the date of the fatal injury to make a claim, therefore it is important to act in time, and to allow time for the case to be put together.  As part of this process, medical evidence will need to be obtained.  Your Lawyers will be looking to prove that the other person was totally responsible for the fatal injury and what they did (or failed to do) caused the death.

Don’t worry about the work involved.  Your Lawyer will support you at every stage of the process.  They will take the facts from you and then you can leave them to deal with the procedure, up until the claim is settled.

Starting the claim

If you are the husband, wife, or close family member of the fatally injured person, then you can commence a claim on behalf of the deceased estate.

Nothing can compensate for the loss of your loved one, but financial help may make the future a little easier going forward.

Contact us today

Please contact us today for sensitive support at a time when you need it the most.

Call us on 0800 234 3234 or 0151 321 1000. 

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0800 234 3234 OR 0151 321 1000