How Do I Make a Claim for Death Due to Medical Negligence?
Losing a loved one is always an exceptionally difficult time for all concerned. Whatever the circumstances, it can be a painful and stressful event to go through, but when the death of a loved one has come about due to an act of medical negligence, it can be extremely difficult to come to terms with. While the majority of medical care received in the UK will be of the expected standard, there are times when the care may fall below this standard, resulting in a medical negligence death.
As a specialist medical negligence solicitor, Hampson Hughes understand that there are many families who are left unsure of their legal rights after suffering the loss of a loved one as a result of what they believe to negligence by a medical professional. Given the complex legal and medical details involved with a death due to medical negligence claim, it can be difficult to know where you stand legally, but our claims solicitors have a long track record of helping individuals and families to receive compensation for a medical negligence death.
At Hampson Hughes, we have supported clients in Liverpool, London, Manchester, Birmingham and around the UK who feel that their loved one died in a situation that could have been avoided had they received the expected standard of medical care, whether in an NHS or private medical facility. Our team of medical negligence solicitors are always ready to speak to anyone who wants to discuss a medical negligence death claim.
Who can make a claim for Death Due to Medical Negligence?
In cases of death due to medical negligence, a claim for compensation is usually only made by the close family of the person who has died. In the majority of cases, this is limited to a spouse, child, parent or whoever is listed as the next of kin of the deceased. There can be a complex legal system and process to run through when seeking compensation for a medical negligence death, so it is important to get advice from a trusted claims solicitor.
If there was a will, it has to be one of the named executors of the estate who brings the claim. If there was no will, we can still pursue a claim but the person representing the deceased will have to take out a grant of letter of administration instead. In terms of bereavement award under the Fatal Accidents Act, only a spouse or parents in the case of a minor can pursue such an award.
If you are of the belief that your loved one died due to an act of medical negligence, please do not hesitate to get in touch with a medical negligence solicitor here at Hampson Hughes. Our team of solicitors have the experience and knowledge to be of assistance in this legal area, helping many clients claiming for medical negligence in courts around the country, whether in relation to an NHS negligence death, or a private medical facility.
We are available to offer advice via a free consultation, where our claims solicitors will be able to assess the legal details of your case and advise on whether you are eligible to claim. For any case we take on, we work hard and explore all possible legal avenues to ensure that you receive maximum compensation for your loss.
What issues qualify for a Death Due to Medical Negligence Claim?
Given the complex medical and legal nature of medical negligence claims, many families are unsure of whether they qualify to make a claim. This is even more complex in a case of death due to medical negligence, with the victim of the possible negligence having died and therefore being unable to give account of any substandard treatment and/or care they received. Whether in relation to care home negligence, an NHS negligence death or a range of other events, we may be able help you to make a claim for a medical negligence death.
There are a range of different issues which could result in a death due to medical negligence claim, including:
stillbirth or death of the mother during childbirth;
delay or failure to diagnose an infection such as meningitis or sepsis;
surgical error, such as through perforation, damage to key internal organs etc;
delay or failure to refer to a hospital when presented with an acute condition such as brain haemorrhage, stroke or heart attack;
death due to a delayed diagnosis or misdiagnosis of cancer that could have been treated with earlier intervention.
Our medical negligence solicitors have also acted for families where sadly a loved one has died potentially through insufficient supervision, care and/or administration of medication in a nursing home facility or mental health institution, leading to the death of a patient. All of these are possible factors in a death due to medical negligence claim.
The NHS Resolution is the body that in most cases represents the NHS with regards to claims made against it, including death due to medical negligence claims. Very few cases that are handled by the NHS Resolution end up in court; most cases are usually settled outside of court, with our medical negligence solicitors experienced in negotiating these settlements.
Understanding how the medical negligence claims system works and how best to approach making a claim against the NHS, a care home or other medical facility is an area Hampson Hughes has specialist expertise in, through our team of claims solicitors. We can seek compensation for the impact the death has had, including the deceased’s pain and suffering before their death, and financial losses sustained at this difficult time through losing your loved one, including funeral expenses.
In cases where wrongdoing or negligence has taken place on site at a private medical facility, we are likely to be claiming against the insurance company of that facility. Our team of skilled claims solicitors have a strong track record in this area.
What is the time limit on a Medical Negligence Death Claim?
In terms of time limits, a medical negligence death case works in much the same way as many other claims for medical negligence. There is a time limit applicable on how long you can bring your claim.
As the next of kin of the deceased, if you believe there has been wrongdoing, whether misdiagnosis, mistreatment or delayed treatment that has led to the death of your loved one, you have three years from the date of the death to make a claim for compensation.
If you have any specific questions with regards to the time limits on your death due to medical negligence claim, get in touch with our medical negligence solicitors and we will be able to advise on your eligibility to claim.
How much does a Death Due to Medical Negligence Claim cost?
Losing a relative or loved one to a medical negligence death can be incredibly hard to come to terms with. At such an emotional time it is incredibly helpful to know that you have help and professional guidance from a reliable medical negligence solicitor. Our legal team at Hampson Hughes are available to advise you on making a claim related to NHS negligence death, care home negligence or any other similar situation.
We are able to advise you on the funding option which best protects your financial interests. In most cases, our medical negligence solicitors are able to put together a CFA (Conditional Fee Agreement) ensuring we represent your claim for medical negligence compensation on a No Win, No Fee basis. This means that in most cases any legal costs for your death due to medical negligence claim will be recovered from the defendant.
How do I find the right Solicitor for my death due to medical negligence claim?
If you are in need of legal assistance from a medical negligence solicitor after losing a relative or loved one due to a medical negligence death, then our claims solicitors can help you out. Hampson Hughes has a wealth of experience in this area of the law, and we can help guide you through the entire claims process. Should you instruct us, we will be able to gather all relevant evidence on your behalf, help you identify useful charities and other support services, and liaise with you, explaining your best legal options in a simple, straightforward manner at all times.
For more information about death due to medical negligence claims and the legal process and compensation terms relating to this issue, please feel free to call or email us today to speak to one of our friendly and professional medical negligence solicitors. Alternatively, you can request a callback for a suitable date and time for you.
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