Losing a family member because of possible failings in medical care can leave many unanswered questions. You may want to understand what went wrong, whether the death could have been prevented and whether the hospital or healthcare provider should be held accountable.
Our team is recognised in The Legal 500 and Chambers and Partners for medical negligence work. We have secured compensation for families in cases involving failures to diagnose serious conditions, surgical and medication errors, and inadequate hospital care.
We provide practical, sensitive advice about your options, the likely prospects of a claim and the compensation that may be available. We can usually offer no win, no fee funding, subject to an assessment of your case.
How we can help
Fatal medical negligence claims often involve difficult medical and legal questions. Our role is to investigate what happened, establish whether negligent treatment contributed to the death and advise you on the options available.
Our solicitors can help by:
Investigating the circumstances of the death – obtaining medical records, hospital investigation reports and other relevant evidence to identify possible failures in care.
Obtaining independent medical evidence – instructing appropriate specialists to assess whether the treatment was negligent and whether different care would probably have prevented the death.
Representing families at inquests – helping families prepare for and participate in coroners' investigations, including questioning witnesses where appropriate.
Establishing liability – presenting the evidence to the hospital, NHS Trust or other healthcare provider and seeking admissions of responsibility.
Assessing compensation – investigating financial dependency, lost income, pensions, care and other losses arising from the death.
Negotiating settlements – challenging inadequate offers and advising on the benefits and risks of settlement compared with court proceedings.
We recognise that families have different priorities. Some are primarily concerned with obtaining answers or an acknowledgement of mistakes, while others also face significant financial difficulties following the death of someone who supported them.
We will explain what can realistically be achieved and help you decide how to proceed.
Our experience
Our solicitors have successfully handled fatal claims involving disputed medical evidence, complex questions of causation and substantial financial dependency losses.
The following cases illustrate our experience and the importance of specialist legal representation.
£350,000 settlement following delayed diagnosis of bowel obstruction - We represented a widow whose husband died after a hospital failed to diagnose and treat a serious bowel obstruction promptly. The claim settled for £350,000 plus legal costs, compared with the Defendant's initial offer of £200,000, together with a formal apology from the hospital. Read the full bowel obstruction case study.
£30,000 settlement following fatal hip surgery and medication errors - We represented a family following the death of a patient who suffered a fatal internal bleed after hip replacement surgery. We represented the family at a complex inquest, and dollowing the inquest, we obtained further expert evidence and made a strategic settlement offer. The claim settled for £30,000, six times its initial valuation. The family also received important answers about the care provided.Read the full hip surgery case study.
£50,000 settlement following fatal A&E negligence - We were instructed by a family after their relative died following failures to monitor and respond appropriately to her deteriorating condition in hospital. Through detailed preparation and negotiation, we secured £50,000, approximately five times the original offer. Read the full A&E negligence case study
When can you make a fatal medical negligence claim?
A claim may be possible where a person has died because a hospital, doctor or other healthcare professional failed to provide an appropriate standard of care.
Examples include:
Delayed or missed diagnosis of serious conditions such as cancer, sepsis, bowel obstruction or heart disease.
Surgical mistakes or failures to recognise and treat complications.
Incorrect medication, dosage or inadequate monitoring of prescribed treatment.
Failures to monitor deteriorating patients or arrange timely emergency treatment.
Inadequate nursing care, including failures to prevent or manage serious pressure sores.
Negligence during pregnancy, childbirth or postnatal care.
However, a poor outcome or unexpected death does not automatically establish negligence.
To succeed, it is generally necessary to show that the medical care fell below an acceptable standard and that the failures probably caused or materially contributed to the death in a legally relevant way.
This can be particularly challenging where the deceased already had serious medical conditions or a limited life expectancy.
Our solicitors investigate these issues carefully, using independent medical experts where necessary, before advising on the prospects of a claim.
Who can claim?
Different legal rights may arise depending on your relationship with the deceased and the financial consequences of their death.
Under the Fatal Accidents Act 1976, certain family members and dependants may be entitled to compensation for losses resulting from the death. These can include spouses, civil partners, qualifying cohabiting partners, children and other relatives who meet the statutory dependency requirements.
A separate claim may also be brought on behalf of the deceased's estate under the Law Reform (Miscellaneous Provisions) Act 1934, for losses and injuries suffered before death.
The person entitled to bring proceedings and those entitled to receive compensation are not necessarily the same.
We can advise on eligibility, who should act on behalf of the family or estate, and whether a grant of representation is required.
Compensation
The amount of compensation depends on the circumstances of the death, the losses suffered and the evidence available.
Financial dependency - Where the deceased provided financial support, compensation may include lost earnings, pension benefits and other contributions that dependants would reasonably have expected to receive.
Assessing these losses may require consideration of the deceased's age, health, career prospects, retirement plans and likely life expectancy.
Loss of services and care - Compensation may also reflect the value of practical support previously provided by the deceased, including childcare, caring responsibilities, household maintenance and other services. These losses can be significant even where the deceased was not in paid employment.
Bereavement damages - A statutory bereavement award is available to certain qualifying relatives. In England and Wales, the award is currently £15,120 for deaths falling within the applicable statutory provisions. Eligibility is restricted and the award is not automatically payable to every close family member.
Pain and suffering before death - The deceased's estate may be entitled to compensation where negligence caused additional pain, suffering or loss of amenity before death.
Funeral and other expenses - Reasonable funeral expenses and certain other financial losses may also be recoverable.
Not every fatal claim results in substantial compensation. For example, where an elderly person had no financial dependants, the recoverable damages may be relatively modest, even where serious negligence occurred.
In one of our cases involving fatal pressure sores, we secured £18,000 for an elderly patient's estate, reflecting the pain and suffering caused by negligent care before death.
Read the fatal pressure sores case study
We will explain the potential value of your claim at an appropriate stage, taking account of both the available evidence and the costs and risks involved.
Inquests and investigations following a death
Where a death is unexpected or there are concerns about the circumstances, the coroner may investigate and decide whether an inquest is necessary.
An inquest examines who died and how, when and where the death occurred. It is not intended to determine civil liability or award compensation, although the evidence obtained can be important in a subsequent medical negligence claim.
Our solicitors have experience representing families at inquests, including cases involving complex medical evidence and disputed accounts of the care provided.
We can help families understand the process, identify important questions, review evidence and arrange specialist representation where appropriate.
An inquest is not required in every fatal medical negligence claim. Equally, a family may wish to participate in an inquest even if there is no viable compensation claim.
We can advise on the relationship between the two processes and whether legal representation would be beneficial.
Contact us
If you have lost a family member and are concerned that negligent medical care contributed to their death, our specialist solicitors can help you understand your options.
We will listen to your concerns, explain whether further investigation may be worthwhile and provide clear advice on the potential costs, risks and next steps.
Contact Taylor Rose to discuss your circumstances with our medical negligence team.
