Medical Negligence

Death due to Medical Negligence

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We seek medical treatment to help us get better, often for serious problems. Despite the best efforts of doctors, it’s sometimes not possible for them to save patients. However, occasionally avoidable deaths occur due to medical negligence. If you think you could claim for compensation, our solicitors can help.

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Can I claim compensation for death due to medical negligence?

You may be concerned that a loved one has died because there was an error in their care. Sadly, medical negligence claims aren’t uncommon. If someone you know has died due to medical negligence, you can seek compensation.

At an already distressing time, the additional impact of knowing that your loved one’s death was caused by the errors of a healthcare professional is often deeply traumatic.

We’ve successfully recovered compensation for medical errors that resulted in the tragic loss of a loved one. At the same time, we appreciate the worry that families face when seeking justice under these circumstances.

If you believe you may have a claim, contact our medical negligence team who will advise on the best way forward.

What types of claims are covered under death by medical negligence?

Before making a claim for wrongful death due to medical negligence, it might help to have an idea of the types of situations it can cover.

Some examples of the types of claims we see include:

When a patient had worrying symptoms that weren’t dealt with quickly by a GP
When mistakes during an operation made the patient’s condition worse
When a hospital’s A&E department failed to identify a serious condition
When a patient was given insufficient supervision and care despite being a mental health patient at risk of suicide
When a patient hasn’t received essential medication or nursing care

What can you claim medical negligence compensation for?

Compensation for death due to medical negligence usually contains several elements that reflect not only the suffering of the person who has died but the impact their loss has had on their family. Claims can be made for:

The pain, suffering and loss of amenity of the deceased before their death. This is brought on behalf of their estate
The loss of love and affection of a family member
A fixed sum for ‘bereavement’
The loss of financial dependency
The funeral expenses and any other financial losses

Claim brought on behalf of the estate

The right to seek compensation after someone dies due to medical negligence remains after their death.

The people who benefit under the person’s will (or intestacy if they died without a will) can seek compensation for their pain and suffering leading up to their death and any other losses they suffered personally because of their treatment.

The property and affairs of a deceased person are known as their estate and the compensation claim for death due to medical negligence is said to be brought ‘on behalf of the estate’. If the deceased person prepared a will, those named as executors are appointed to handle the management of the estate.

What does the executor need to do to raise a claim?

The executor will need to apply for a grant of probate, which means they will be recognised as having official permission to act on behalf of the estate of the deceased.

If you have lost a loved one and are not sure what to do, make sure you seek legal advice as soon as possible. Our solicitors can help you make a claim and give you advice about the best way to deal with the deceased person’s affairs.

Claim for members of the family

Family members can bring a claim for their own losses arising out of the death of their loved one. They have a recognised legal right to seek compensation for wrongful death due to medical negligence as there was a financial dependency and relationship with the deceased.

Some family members can recover a fixed statutory ‘bereavement award’. This can be recovered if the person who died was:

Your spouse or civil partner
A cohabiting partner of at least 2 years
Your child and they were under 18 at the time

For deaths occurring after 1st May 2020, this amount is set at £15,120. For families who lost a loved one before this date, the award is £12,980.

What can family members seek wrongful death due to medical negligence compensation for?

Family members can seek compensation for:

Funeral expenses
Loss of income in the family
The loss of additional benefits, such as pensions
A sum for the loss of their help around the house e.g. doing home improvements and gardening
A sum for their loss of love and affection, taking into account their relationship to you

Although medical negligence death payouts can only go so far in compensating for the loss of a loved one, we’ll work to ensure that you and your family obtain the best possible financial outcome.

How can our solicitors support you during a claim for wrongful death due to medical negligence?

The death of a loved one is an unavoidable and tragic part of life. The process of bringing a claim for compensation and talking about what happened can be difficult for many people.

We have decades of experience in helping grieving families bring a claim for wrongful death due to medical negligence and will provide a personal service that is tailored to your needs.

Our team can also help you identify and use the most appropriate support services provided by charities and other organisations.

If you are concerned that a loved one received negligent treatment and this contributed to their death, please contact our medical negligence team on 0203 7331 147 for a no-obligation chat to discuss your concerns. Alternatively, complete the form at the bottom of the page and one of our specialist solicitors will be in touch with you.

Why choose Bolt Burdon Kemp for a compensation claim for death due to medical negligence?

Did someone close to you pass away after receiving negligent treatment? We understand that seeking the right legal support is essential in such sensitive circumstances. Here’s how Bolt Burdon Kemp can support you:

Expert knowledge: Having over 35 years of experience means we’ve handled a broad range of claims covering extremely sensitive issues, such as spinal and head and brain injuries.
‘No win no fee’: We offer accessible funding structures, so you’ll only need to pay if you win your case.
Empathetic: Delicate cases require compassion alongside practical legal support. As a result, we provide a tailored service so you feel as comfortable as possible.
Partners: We’re proud to work with incredible partner organisations such as Headway and Birthrights, so you can access additional support where needed.
Awards: We’re proud to be one of the leading personal injury firms, according to The Legal 500 and Chambers and Partners. We were also ranked as one of The Times Best Law Firms 2024 for personal injury and clinical negligence law in England and Wales.
Accredited: We’re members of The Law Society’s Personal Injury Accreditation Scheme. This means we’re assessed each year and accredited based on Lexcel practice management standards.
Testimonials: You can see what past clients have said about their experiences working with us by viewing hundreds of testimonials.

Contact us to start a claim for wrongful death due to medical negligence

To enquire whether you could have a valid compensation claim for death caused by medical negligence, don’t hesitate to get in touch.

More often than not, we don’t need to request upfront payments as we typically take cases under Conditional Fee Agreements, also known as ‘no win no fee’.

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Success Story

Police officer nearing retirement suffers fatal injuries in head-on motorcycle collision

We brought a claim for compensation on behalf of the deceased’s wife, his estate and his other dependent family members. The Defendant’s insurers admitted liability for the accident at an early stage, so we could focus on gathering evidence to value the claim.

We sent the evidence, the family’s witness statements and a detailed schedule of loss to the Defendant’s insurers to negotiate a settlement. A figure of £450,000 was soon agreed on behalf of all the family’s claims. The family was pleased to reach a swift settlement without having to go to court.

Meet our Medical Negligence Solicitors

Real people, real empathy and dedicated support, without the legal jargon.

Alex Dabek

Partner – Part of the Spinal Injury Team

Caroline Klage

Head of Brain Injury

Claudia Hillemand

Head of Child Brain Injury

Daria Dybov

Senior Solicitor – Part of the Medical Negligence Team

Meet the full team

Compensation for death due to medical negligence FAQs

Can a claim be brought on behalf of the estate if there wasn't a will?

If a will wasn’t prepared, a family member can apply for a grant to become an administrator of the estate. The person applying will be given a ‘Letters of Administration’, which is an official document recognising that person as an administrator. The executor or administrator can then bring a claim on behalf of the estate.
What are the time limits for bringing medical negligence death claims?

The time limit is typically three years from when the incident occurred or when you first became aware that medical negligence took place. When making any claim, the sooner you speak with a solicitor, the better.

There are exceptions to this rule, including for children. The three-year time limit will begin when they turn 18. For anyone without the mental capacity to liaise with a lawyer and raise a claim, the three-year time limit will only come into effect if they regain capacity.
Who can make a claim for losses after losing a loved one?
The Fatal Accidents Act 1976 contains a list of categories setting out who may be eligible to make a dependency claim. They are:
- Spouses and civil partners or former spouses and civil partners of the deceased
- Couples who had been living together for at least 2 years before the deceased passed away
- Any parent of the deceased or any person the deceased treated as a parent (such as a step-parent)
- Any child or descendant of the deceased
- Where the deceased was married or in a civil partnership, any person they treated as a child or parent in relation to that marriage or civil partnership (such as a step-child)
- Siblings, aunts or uncles of the deceased
How much compensation is generally paid out for medical negligence death claims?

A claim for the injuries suffered by the deceased person before they died is known as a claim for general damages. The appropriate amount of general damages is assessed based on the length and severity of their pain and suffering, and for the things the deceased was unable to do (known as ‘loss of amenity’). Compensation for their death itself is considered separately.

Because of all these factors, the amount of compensation awarded for claims regarding death due to medical negligence will vary with each case. That said, we always strive to obtain the best possible financial outcome for the family. We also appreciate the importance of getting answers and receiving an acknowledgement of the mistakes made and the impact of your loss.
Where can I seek additional support to help me deal with what has happened?
If you’ve suffered a bereavement, you may wish to contact the following:
- Cruse Bereavement Care
- SANDS(this is a charity aimed at supporting families who have lost a baby)
- National Bereavement Partnership
- At a Loss
- The Loss Foundation(bereavement support for loss to cancer)

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