How Much Compensation Can I Claim For Hospital Negligence Resulting In Death?

By Jo Martinez. Last Updated 23rd July 2024. In this guide, we focus on claiming on behalf of someone else for hospital negligence resulting in death. Losing a family member or your partner can be distressing no matter the situation. Though claiming may not be the first thing on your mind, sometimes compensation could help you financially if you were dependent on the deceased.

Suppose you have lost someone close as a result of hospital negligence. You will probably struggle to come to terms with not only the loss of that person but also any financial implications their death might have on your family. If you have found yourself in this terrible situation, then you might be entitled to claim for compensation, and whilst this will not make up for the loss of your loved one, it might help give you the financial assistance that you need to help you learn to adjust to a new way of life.

A doctor sits on the floor with his head in his hands

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Eligibility Criteria When Claiming Hospital Negligence Compensation

If your loved one has been fatally harmed due to medical negligence in a hospital, you may be eligible to make a fatal injury claim. However, you must prove that the fatal injury was caused by a medical professional breaching their duty of care. Together, this is classed as negligence.

All medical professionals owe a duty of care when treating their patients, regardless of whether they work in the public or private healthcare sector. Per their duty of care, they must ensure that they provide the correct standard of care.

If a loved one were to be fatally harmed due to hospital negligence, compensation could be awarded for the pain and suffering they experienced prior to their death and for how the death has impacted the deceased’s dependents. Later in this guide, we will discuss who is eligible to make a fatal injury claim on behalf of the deceased and who qualifies as a dependent.

If you would like to see if you could be eligible to receive a payout for medical negligence that resulted in the death of a loved one, you can contact our friendly team of advisors. They are on hand to help you 24 hours a day, 7 days a week.

Claiming As An Estate

For the first six months following the death, only the deceased’s estate can make a claim, per the Law Reform Miscellaneous Provisions Act 1934. This claim can cover their pain and suffering, but it can also cover the needs of any dependents. Not all claims will cover both headings. 

If the estate does not claim on behalf of the dependents within six months, then they can start their own claim. Dependents cannot claim for the pain and suffering of the deceased; only the effect that the death has had on them. We’ll talk about this more in the next section.

Claiming As A Family Member 

Under the Fatal Accidents Act 1976, certain qualifying relatives can claim for the impact that the death has had on them. As we’ve mentioned, only the estate can claim for the pain and suffering of the deceased.

These relatives include:

  • Wife, husband, or civil partner
  • Someone who cohabited with the deceased as a spouse for two years before their death
  • The parents of the deceased or anyone who acted as a parent
  • Children of the deceased, including adopted children and stepchildren, and any treated as a child of the deceased
  • Siblings, aunts, and uncles of the deceased

Certain relatives also qualify for the bereavement award, which is a lump sum of £15,120. These include the deceased’s:

  • Wife, husband, or spouse
  • Parents, if they were an unmarried minor
  • Or anyone who cohabited with them as a spouse for two years before their death

If you’d like to learn more about death by medical negligence payouts, contact our team of helpful advisors today. Or, keep reading to learn about the average payout for medical negligence resulting in death.

A doctor in distress with his head in his hands

Death Compensation Calculation – Do I Need Evidence?

When making a claim for medical negligence resulting in death, you need to present evidence that the death was caused by the negligence of another. Here are some examples of the evidence you can present:

  • Medical records – Details pertaining to your loved one’s treatment will be contained within these official documents. Certain family members, such as surviving spouses, will have to right to request these records.
  • Witness statements – You may have been present during a consultation where vital information, such as risks involved in a procedure, was omitted or withheld. If so, you could submit a written version of what you experienced.

If you have any questions, including “what is the average payout for medical negligence resulting in death?” reach out to our advisors today for free guidance.

Time Limits For Hospital Negligence Resulting In Death Claims

If your loved one passed away due to neglect in hospital, you may be wondering how long you have to start a claim. Generally, if you wish to claim compensation for hospital negligence that caused the death of a loved one, you must begin your claim within three years. This starts on the date of death.

To learn more about claiming medical negligence compensation following the wrongful death of a loved one, contact our team today.

The Most Common Types Of Hospital Negligence

There are various ways clinical negligence can result in a wrongful death in a hospital setting. Some examples of negligent medical treatment, or lack of medical treatment that could be fatal include:

  • Medical misdiagnosis. This can include failure to diagnose, which could result in no treatment. For example, if the medical professional fails to spot a patient’s cancer symptoms, this could lead to the cancer spreading to other areas of the body and worsening, which could be fatal.
  • Medication errors. If the wrong medication is prescribed or dispensed, it can result in fatal drug interactions or allergic reactions. An incorrect dosage can cause a fatal overdose.
  • Negligent medical advice. This can prevent timely medical intervention. For example, if healthcare professionals fail to notice that a person’s symptoms are serious or mistake sepsis for a less severe infection, this could result in the person failing to seek appropriate medical care.
  • Stillbirth and maternal deaths. These can occur due to a lack of appropriate monitoring during labour and may cause sudden death in either the mother, baby or both.

If you would like to discuss the circumstances surrounding your loved one’s death, speak to a member of our medical negligence team. If it can be proven that hospital negligence resulting in death occurred, you could be eligible to make a claim on your loved one’s behalf.

A cup of pills spilled across a table

How Much Compensation For Medical Negligence Resulting In Death?

A claim could also be made on the part of the deceased for the financial consequences of their injuries. For cases of medical negligence causing death, this could include care costs or home adaptations.

You may be wondering if there is an average payout for medical negligence resulting in death. Every claim is different and the circumstances that affect how much you could receive can vary from case to case. For example, the level of suffering experienced by the deceased prior to their death could affect the amount awarded.

To show how much compensation for medical negligence resulting in death could be awarded in a successful claim, we’ve included this table. It provides various compensation amounts for injuries that could arise from medical negligence causing a wrongful death. These figures come from the Judicial College Guidelines (JCG), which legal professionals can use to help them value fatal accident claims. The JCG was last updated in 2022.

The figures shown are not guaranteed, as every claim is different.

Injury TypeCompensation BracketNotes
Death plus claim add onsUp to £550,000 and overAwards considered the pain and suffering experienced by the deceased as well as losses affecting dependents.
Quadriplegia£396,140 to £493,000Bracket depending on awareness of disability, extent of pain, and life expectancy.
Paraplegia£267,340 to £346,890Consideration given to extent of pain, psychological impact, any reduction in life expectancy.
Very Severe Brain Damage (a)£344,150 to £493,000Little meaningful response to environment, and a need for full time care.
Very Severe Psychological Damage£66,920 to £141,240In this bracket, the claimant is unable to cope with life and relationships.
Death - Full Awareness£15,300 to £29,060The claimant will have full awareness for a short period and then fluctuating consciousness lasting 4-5 weeks with intrusive treatment before passing within 3 months.

Medical Negligence Payouts – Special Damages

As we stated previously, medical negligence payouts may include compensation for the deceased’s pain and suffering. However, the Fatal Accidents Act 1976 allows for certain eligible parties to claim special damages as well as a bereavement award. If you ask ‘what is the average payout for medical negligence?’, this may not be very helpful because each claim is different. In this section we explore what factors could affect the average payout for medical negligence resulting in death.

The Fatal Accidents Act allows dependants of the deceased to claim for:

  • Funeral costs.
  • Loss of services. For example, if you need to hire outside help, such as for childcare, because the deceased did this service in the past.
  • The impact that the loss of the deceased’s income had.
  • Loss of consortium, or loss of a special person. This covers companionship and the impact on the family relationships.

Call our advisors to further discuss death by medical negligence payouts in the UK.

What Is The Average Payout For Medical Negligence?

A payout for medical negligence is not a set amount. Every case is different, and your settlement will be affected by various factors.

The severity of the injury caused by medical negligence is often a factor that influences how much a claim can be worth. For instance, the level of the deceased’s suffering and awareness before they pass is taken into account.

These factors are why we cannot provide the average payout for medical negligence. Reach out to our advisors today to find out how much a fatal claim could be worth.

A doctor talking to a patient

No Win No Fee Claims For Hospital Negligence Resulting In Death

If your loved one died due to hospital neglect and you would like to claim on their behalf, you could have the support of a No Win No Fee lawyer. They could provide their services under a Conditional Fee Agreement (CFA). This is a type of No Win No Fee arrangement.

A No Win No Fee lawyer typically doesn’t ask for payment for their services upfront. They usually don’t ask for payment towards ongoing fees either. If your lawyer is successful, they take a success fee from the hospital negligence compensation that has been awarded. The amount they can take is capped by the CFA. If your lawyer isn’t successful, they typically won’t ask for payment for their services.

If you have any questions or would like to know how much compensation for the death of a loved one could potentially be awarded, get in touch with our advisors. The advice they give is free. In addition, they could assess whether you are eligible to make a claim on behalf of a deceased loved one. If it seems like you are eligible, you could be connected to one of the lawyers from our panel. Our lawyers typically offer their services under No Win No Fee arrangements.

To speak to an advisor:

A medical negligence solicitor sitting behind a desk

Useful links

NHS Bereavement Guide

This page on the NHS website contains invaluable information about many aspects of bereavement, from coping with the loss of a parent to helping children with the grieving process.

NHS Resolution

Visit the NHS Resolution website to find out the role they may play in your claim.

If you’d like to read up a bit more about medical negligence, check out our guides below:

We hope that reading our guide, which talks about claiming for a wrongful death due to medical negligence, has been useful to you. If you would like to ask an advisor questions related to this topic, then you can contact Legal Helpline for more help.

Our advisors can provide information on potential queries such as how to claim for death by negligence compensation against the NHS when you have evidence to support such legal action. You can reach our advisors using the contact details found in this guide.