Fatal medical negligence claims

A fatal medical negligence claim is a legal claim brought when someone has died as a result of substandard medical care. Health professionals have a duty of care to their patients, and when that duty is breached – and a death results – the deceased’s family or estate has the right to seek compensation and accountability.

Common causes include misdiagnosis, delayed diagnosis, surgical errors, and medication mistakes. We’ll investigate what happened and help you understand whether a claim is possible.

The claim is typically brought by the personal representative of the deceased – this is usually the executor of their estate, as named in the will, or an administrator appointed by the court if there is no will. Family members who were financially dependent on the deceased may also be able to claim in their own right for the losses they have suffered.

If you’re unsure whether you’re entitled to make a claim, please get in touch. We’ll explain your options clearly and without pressure.

In most cases, a fatal medical negligence claim must be started within three years of the date of your loved one’s death. There are some exceptions to this rule, so if you’re concerned that time may have passed, it’s still worth contacting us as soon as possible. We’ll advise you honestly on whether your claim can proceed.

We handle fatal medical negligence claims on a No Win No Fee basis. This means there is no upfront cost to you. You’ll only pay legal fees if your claim is successful, and the amount will be agreed with you in advance. We do not want financial concerns to be a barrier to seeking justice for your loved one.

We’ll gather the evidence needed to support your claim on your behalf, so you do not have to manage this yourself. This typically includes your loved one’s medical records, an independent expert medical opinion on the standard of care provided, and evidence of the losses your family has suffered.

A coroner’s inquest, if one has taken place, can also provide important information about the cause of death and the circumstances surrounding it. We’ll explain exactly what is needed and handle the process for you.

Fatal medical negligence claims are often complex and can take time to resolve – typically anywhere from one to several years, depending on the specific circumstances. We’ll keep you informed throughout the process and give you a realistic picture of the likely timescale from the outset. Our priority is to reach the best possible outcome for your family, at a pace that is right for you.

From the first conversation, our focus is on making the process feel as clear and manageable as possible. You’ll have a specialist solicitor handling your case, supported by a wider team with deep experience in fatal medical negligence law.

We’ll explain every step in plain, straightforward language – no legal jargon – and make sure you always know what is happening and why. We understand this is an incredibly difficult time, and we’ll treat you and your family with the care and sensitivity you deserve.

There are various circumstances where a fatal medical negligence claim might be brought. Among them are cases of misdiagnosis or delayed diagnosis, where someone hasn’t received adequate treatment in time. This includes cancer negligence claims, where a serious illness has been left to progress undetected.

We also see cases where someone has died due to a surgical error, or cases where a patient has been given the incorrect medication, or an incorrect dosage, leading to fatality. A coroner inquest may be able to determine the exact cause of death.