A fatal medical mistake refers to an error or oversight made by a healthcare professional that results in the death of a patient. These mistakes can occur at any stage of medical care, from diagnosis to treatment and post-treatment care. If the loss of your loved one could have been prevented if medical staff had not made mistakes, you may be entitled to compensation. Whilst we know this will not bring your loved on back, it can help with acknowledgment, loss of financial support and recognition that an error happened.
Who can bring a fatal medical negligence claim?
Bringing a claim for medical negligence in the circumstances of a fatality involves the immediate family members or legal representatives of the deceased patient. We recommend that you take specific legal advice on who can claim, but generally:
- Spouse, civil partner and cohabitee
- Parents, including step parents
- Children including step children and adopted.
- Brothers and sisters including step siblings
- Grandparents and grandchildren including step grandparents/grandchildren
- Next of Kin: Other close relatives such as siblings or grandparents may be eligible in the absence of a spouse, children, or parents.
- The Estate or Executor: In some cases, if the deceased had a will or estate, the executor or administrator of the estate may be responsible for pursuing the claim on behalf of the estate and its beneficiaries. This can involve seeking compensation for medical expenses, funeral costs, and other financial losses incurred as a result of the negligence.
You can read more in our guide "Who can make a fatal medical negligence claim"?
What are common types of fatal medical negligence claims?
Fatal medical negligence claims can arise from a variety of situations where medical professionals fail to provide an acceptable standard of care, resulting in the death of a patient. Some common types of fatal medical negligence claims include:
- Misdiagnosis or Delayed Diagnosis: Failure to accurately diagnose a medical condition or delaying diagnosis can lead to inappropriate or delayed treatment, allowing the condition to worsen and become fatal.
- Medication Errors: Administering the wrong medication, incorrect dosage, or failing to monitor for adverse reactions can result in fatal consequences for patients.
- Surgical Errors: Negligent surgical procedures such as operating on the wrong site, damaging organs or tissues, or leaving surgical instruments inside the body can lead to fatal complications.
- Anaesthesia Errors: Errors in administering anaesthesia, such as incorrect dosage or failure to monitor the patient's vital signs, can result in anaesthesia-related fatalities.
- Infections and Sepsis: Failure to prevent or properly treat infections acquired during medical care can lead to sepsis or other systemic infections that may be fatal.
- Failure to Provide Timely Treatment: Delaying or failing to provide timely medical treatment, such as in emergency situations or critical care settings, can result in fatal outcomes.
- Failure to Monitor or Follow Up: Neglecting to monitor a patient's condition or provide appropriate follow-up care after a procedure or treatment can lead to complications that ultimately result in death.
- Neglect in Nursing Homes or Long-Term Care Facilities: Inadequate care, neglect, or abuse in nursing homes or long-term care facilities can lead to fatal injuries or medical conditions.
- Birth Injuries: Negligence during childbirth, such as failure to monitor the baby's vital signs or improper delivery techniques, can result in fatal birth injuries to the infant or mother.
- Failure to Obtain Informed Consent: Performing medical procedures without obtaining informed consent from the patient or their legal representative may result in fatal outcomes and could lead to legal liability.
- Negligent Supervision or Monitoring: Inadequate supervision of patients or failure to monitor vital signs can contribute to preventable deaths in medical settings.
These are just some examples of common types of fatal medical negligence claims. Each case is unique, and the specific circumstances surrounding the negligence will determine the legal and ethical implications for the healthcare providers involved.
Why pursue a Personal Injury Claim?
- Financial Compensation: Medical negligence can result in substantial medical expenses, ongoing costs, and loss of income. A personal injury claim can help you secure the financial compensation needed to cover these expenses and ensure a stable future.
- Rehabilitation and Support: Recovering often requires extensive rehabilitation and ongoing support. A successful personal injury claim can provide the resources necessary for specialised treatments, therapy, and assistance to enhance your recovery process.
- Holding Responsible Parties Accountable: By pursuing a personal injury claim, you not only seek compensation but also hold those responsible for the negligence accountable. The claim can also help prevent similar incidents from occurring in the future.
- Quality of Life Improvements: Compensation from a personal injury claim can enable you to access the best available medical care, support services, and medical technologies.
A compensation can cover
- Loss of earnings and pension arising due to the negligence
- Costs of treatment, therapies and equipment
- Ongoing care costs
- Lifestyle changes to accommodate injury
- Physical and psychological conditions arising from negligence
Compensation Routes
We offer a free initial consultation to evaluate your case and discuss your legal options. Our solicitors understand the complex and long-lasting challenges posed by injury that was not your fault. Your well-being is our priority, and we are committed to providing you with the legal representation you need during this challenging 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 family members at Inquests.
There are time scales and you should contact us as soon as possible to investigate an action for you
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Get in touch, we are here to provide not only expert legal guidance but also an understanding of the physical, emotional, and financial challenges you face. Together, we will work towards securing the compensation you deserve.
