Death due to medical negligence

Frequently Asked Questions

• Who to bring a claim against?

  If you think the death was due to negligence by a doctor or any other healthcare provider, you may be entitled to make a claim.

  If you're looking to sue a hospital for wrongful death, you will bring the claim against the NHS trust, rather than the individual clinician involved. When bringing a claim against a GP the correct defendant must be identified, and a separate claim must be brought against each individual involved. Because GPs are not employed by the NHS, and they are only contracted by them, GPs and nurse practitioners must take out their own indemnity insurance. This includes doctors and nurses who work in out-of-hours clinics, even those attached to hospitals. 

  There are some exceptions to these general rules, however, we will discuss your personal circumstances during our initial call. 

• How long do claims take?

  There is no simple answer to the question of how long a wrongful death claim may take. These sensitive and emotional cases require legal expertise and a great deal of patience. Progress will be dictated by how quickly the investigation into the death is carried out and whether the other party admits that the treatment received was negligent and that it caused, contributed to or accelerated the death.

  We will need access to medical records and will also obtain an independent, expert medical opinion on the standard of care received and the cause of death. The time it takes to obtain the records depends on the cooperation of the other side, whether the records are complete, when they are disclosed and whether they need to be obtained from a number of different sources.

  If the death was sudden or unexpected, an inquest may be required. It may be appropriate to await the outcome of the inquest before bringing a civil claim as the coroner’s verdict may prove very helpful in any subsequent civil compensation claim.

  We will always help you to seek answers from those responsible and aim to settle your fatal medical negligence case as quickly as possible, but it will take time to ensure we achieve the best possible outcome for you and your family.

• Do claims end up in court?

  Since 1998, the Court rules have emphasised the importance of attempting to negotiate settlement of claims in a bid to avoid unnecessary involvement of the Courts. These rules include a process for making and responding to formal settlement offers (called “Part 36 offers”). 

  Generally, only very complex cases, or those where liability cannot be resolved, end up in court. 

  Of course, should your fatal medical negligence claim go to court, we will be beside you throughout the process. We will explain what is required of you, as well as help you understand the proceedings. 

   
• Will an inquest be required?

  If your loved one died unexpectedly then an inquest will be required. 

  We've been instructed to help many grieving families through a loved one's inquest, which is what we did for the Myatt family. Following a fatal injury during a routine nursing procedure, a post mortem conclusion raised concerns and an inquest was opened. 

   
• How long do you have to make a claim?
  There is a three-year time limit for bringing fatal medical negligence claims, which starts from the date of death. If a wrongful death claim is not issued in the court within this time limit, you may be precluded from bringing a claim. However, if you are awaiting the outcome of an inquest which may be delayed, an extension to this deadline can be requested.
  

   
• How much does it cost to bring a claim?
  If you come to Shoosmiths to discuss a wrongful death claim, your initial consultation will come at no charge. We’ll offer expert, reliable advice on any expected costs related to your case, and it may be that we can handle your fatal medical negligence claim on a no win no fee basis. If you’d like more information on this topic, please have a look at our guide to funding your claim.
  

   
• How much compensation could you receive?

  No two wrongful death claims are the same, which is why it is difficult to provide a specific answer to this question. The amount of medical death compensation you could be entitled to will vary depending on a number of factors, such as the degree of negligence and the effect upon the wellbeing of you and your family.

  The loss of a loved one may also have left you in financial difficulty. If you can prove that your loved one's death was caused by medical negligence, the amount you will be able to claim will depend on your relationship with them and whether you were dependent on them in some way. If you were dependent on them for care, you will be able to make a claim for the cost of the care provided to you by someone else. If you were financially dependent on them, you will be able to make a claim for the loss of that financial dependency. You will also be entitled to claim for funeral expenses.

  In addition, the spouse of the deceased or the parents of a child who died when under the age of 18 years are entitled to claim bereavement damages. You will be able to claim a statutory bereavement award, which is currently £15,120, if the death occurred after 1 May 2020. If the death was before 1 May 2020 the bereavement award is £12,980. Only these persons can claim a bereavement award under the 1976 Act. No one else in the family is entitled to do so.