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Losing a loved one is one of the most difficult experiences anyone can face, and it can be even harder to bear if their death was caused by medical negligence.
At Taylor Rose, we understand the emotional and practical challenges families face after a loss. Our large, specialist and highly accredited team will work with medical experts and gather evidence, including medical records, witness statements, and expert opinions, to build a strong case on your behalf, helping you seek justice and financial security for your family.
A fatal claim arises when a person dies as a result of substandard medical care. This could occur due to:
Failure to diagnose: Missing or delaying the diagnosis of a life-threatening condition, such as cancer, sepsis, or heart disease.
Surgical errors: Mistakes during surgery that result in fatal complications.
Medication errors: Prescribing incorrect drugs or dosages with fatal consequences.
Negligence during childbirth: Resulting in the death of a mother or baby.
Inadequate emergency care: Failing to provide prompt and effective treatment in critical situations.
In these cases, families may be entitled to make a claim for compensation to address the emotional and financial impact of their loss.
Under the Fatal Accidents Act 1976, certain people are eligible to bring a claim, including:
The deceased’s spouse, civil partner, or long-term cohabiting partner.
Children or dependants of the deceased, including stepchildren and adopted children.
Parents or other relatives who were financially dependent on the deceased.
If you’re unsure whether you are eligible, our team can provide clear advice on your rights.
Compensation in fatal claims aims to address both financial and non-financial losses, including:
Bereavement award: A fixed statutory payment for the loss of a loved one, currently set at £15,120 in England and Wales.
Loss of financial support: Compensation for the income or financial contributions the deceased would have provided to dependants.
Funeral expenses: Covering the cost of burial or cremation.
Loss of services: For contributions the deceased made to the household, such as childcare or maintenance.
General damages: In some cases, compensation may also reflect the pain and suffering experienced by the deceased before their death.
In most cases, you must bring a claim within three years of:
The date of death, or
The date you became aware that negligence contributed to the death (the “date of knowledge”).
There may be exceptions for children or those lacking mental capacity, but it’s essential to seek legal advice as soon as possible to avoid missing these deadlines.
We’ll provide clear advice on your options and guide you through the process of making a claim.
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9am to 5pm
An inquest and a medical negligence claim have different purposes.
A coroner investigates matters including who died and how, when and where the death occurred. The inquest is not a civil trial for compensation.
However, an inquest can be highly relevant to a subsequent negligence claim.
It may involve:
• evidence from doctors and other healthcare professionals;
• medical records;
• expert evidence;
• examination of hospital systems;
• witness statements; and
• detailed consideration of the circumstances surrounding the death.
Where there are significant concerns about medical treatment, it can be sensible to obtain legal advice before the inquest rather than waiting until afterwards.
The issues explored and evidence obtained may have an important bearing on a later claim.
Where appropriate, we can advise on the inquest and the legal representation required.
The need for representation depends on the circumstances.
It can be particularly important where:
• the medical treatment is likely to be closely examined;
• several healthcare organisations are involved;
• the hospital has its own legal representation;
• there are significant factual disputes;
• systemic failures may have contributed to the death; or
• a medical negligence claim is being considered.
We can advise on how the inquest fits with the wider investigation and potential compensation claim.
There can be different elements to a fatal medical negligence claim.
A claim on behalf of the deceased person's estate is normally brought by the personal representatives – the executors where there is a will or administrators where there is no will.
The estate may potentially claim for losses suffered by the deceased before death, depending on the circumstances.
Certain family members or dependants may also have claims arising from the death itself.
The rules about who can claim and what can be recovered are technical, so we will identify the appropriate claimant and the different heads of loss available rather than expecting the family to determine this themselves.
This can be a particularly difficult issue.
A patient may already have had a serious or terminal illness when negligent treatment occurred.
The legal and medical question may then be whether appropriate treatment would probably have extended life or materially changed what happened, rather than whether the underlying illness could have been cured completely.
For example, a delayed cancer diagnosis may have reduced life expectancy even though the cancer would eventually have been fatal.
These cases require careful specialist evidence and can be strongly contested.
Many eligible claims can be pursued under a no win, no fee agreement.
Before offering this arrangement, we assess the available evidence, prospects and likely value.
Where we agree to act on this basis, we are sharing the financial risk because our assessment is that the potential claim has sufficient merit and value to justify investigation and, where supported by the evidence, pursuing it further.
We will explain the funding arrangement and any potential costs or deductions before you decide whether to proceed.
Call the Taylor Rose team or fill out the form below and we will get back to you as soon as possible.
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9am to 5pm
