Fatal medical mistake claim

Dealing with the loss of a loved one is a difficult and distressing time. LPS’s medical negligence specialists can help get the justice you deserve.

What are fatal medical mistake claims?

Unfortunately, there are many tragic instances where families suffer from the loss of a loved one where no one is to blame. However, if the loss of your loved one could have been prevented if medical staff had not made mistakes, you may be entitled to compensation and get the justice you deserve.

Why would I make a compensation claim following the loss of a loved one?

We understand that when you’ve lost a loved one, the last thing on your mind will be making a claim for compensation. However, many people who make compensation claims find it can help as:

• It can help them find out exactly what happened – what mistakes were made and why
• We can seek an apology from those responsible
• It can help to fund much needed therapy for the family, such as counselling, following this traumatic event
• If you were financially dependent upon your loved one, it can help with the cost of daily living

We understand just how traumatic it can be to suffer a loss and will provide the empathy, support and guidance needed at this difficult time.

If the death of a loved one as a result of medical negligence results in an inquest, our medical negligence lawyers have a vast amount of experience with representing families at inquests.

What sort of medical mistakes can lead to a fatality?

There are a number of mistakes medical staff can make that can result in the death of a loved one, such as:

• Delays in diagnosis
• Misdiagnosis
• Surgical errors
• Prescription errors

What to do now?

We suggest that you contact our expert team for a free no-obligation consultation. There is nothing to lose! If you are busy, you can click here to arrange a callback time or alternatively, you can call 08009961807 and ask to speak to our family department experts.

Fatal medical mistake claim

Who can make a claim if there has been a fatal medical mistake?

A claim relating to a loved one who has died as a result of medical negligence can be pursued by a ‘dependent’ of the person who died. This can include the following:

• The husband or wife of the deceased
• In limited circumstances, a former spouse of the deceased
• A civil partner of the deceased (who had been living with the deceased for at least two years immediately prior to death)
• A child of the deceased
• A parent of the deceased
• A brother, sister, aunt, uncle, niece, nephew or cousin of the deceased
• Any other person who was considered by the deceased as a child of the family

In addition, the executors can bring a claim on behalf of the deceased’s Estate for injury or losses incurred by the deceased prior to death, and for any expenses falling upon the Estate which arise from the death.

How do I prove dependency?

The person bringing the claim must be able to show that they were dependent upon the deceased prior to death either financially or for care and assistance. If you were only partially dependent, you may still be able to make a claim. It’s not necessary to show that you were wholly dependent upon them.

What can I claim for?

Dependents of the deceased can make a claim under the Fatal Accidents Act for:

• Loss of the financial dependency
• Loss of ‘services’ dependency
• The ‘statutory bereavement award’ which is a sum fixed by the Government. This can only be claimed by specific people, namely the husband, wife or civil partner of the deceased, or children of the deceased who were under the age of 18 at the date of death

In some circumstances, you can also claim for the pain and suffering the loss has caused as well as any financial losses, such as loss of earnings, if you’ve been unable to work as a result of the bereavement.