You may wonder what the average payout for medical negligence resulting in death is. This guide will discuss the process of claiming for fatal harm caused by medical negligence. As part of this, we will look at how claims are valued.
When receiving care from a medical professional, patients are entitled to receive a minimum standard of care. If this is deviated from, they can suffer serious harm which, in some cases, can be fatal.
In this guide, you can learn about what steps are involved in making a fatal accident claim after losing a loved one to medical negligence. Furthermore, you can read about the benefits of No Win No Fee agreements.
Continue reading our guide for more information. Furthermore, if you’re interested in speaking with an advisor, contact us today. Our team can provide free legal advice at any time that suits you.
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- Is There An Average Payout For Medical Negligence Resulting In Death? – A Guide
- What Compensation Could Be Received From A Fatal Accident Claim?
- Who Is Eligible To Make Fatal Accident Claims?
- Potential Evidence In Fatal Medical Negligence Claims
- What Are The Benefits Of Making A No Win No Fee Fatal Accident Claim?
- Learn More About Fatal Medical Negligence Claims
All medical staff have a duty of care to their patients. This includes doctors, pharmacists, nurses, and surgeons. This means that they need to ensure that the care they provide meets a minimum standard. If this duty of care is breached, avoidable harm can happen as a result.
Some examples of potential medical errors caused by negligence may include:
- A medication error where you’re prescribed something you’re allergic to. If the nurse prescribing your medication doesn’t check your allergen information beforehand, you could suffer a serious allergic reaction.
- You’re given medication orally during childbirth when it should be administered through an IV. This can prevent the medicine from working, resulting in a birth injury, and could be an example of a never event provided that it has the potential to cause serious harm.
- You may suffer from a medical misdiagnosis if your doctor reads your test results incorrectly because they are distracted. This could mean you undergo unnecessary medical treatment which causes you avoidable harm.
If a loved one has died directly because of medical negligence, you may be able to make a claim. However, you will need to provide evidence showing that their death occurred because of a breach of duty of care.
Not all instances of death occurring as a result of medical care will mean that a claim can be made. For example, someone’s condition may have progressed to a point where it was untreatable despite the right level of care being administered.
Continue reading to learn more about the average payout for medical negligence resulting in death. Alternatively, you can contact our advisors for further support.
Compensation for medical negligence can be made up of two heads. The first is general damages, which covers the physical and psychological suffering you experienced as a result of negligence.
Compensation calculators can be used to determine what your payout may be at the end of a successful claim. Legal professionals often use the Judicial College Guidelines (JCG) to help them value medical negligence claims.
This publication displays guideline compensation brackets for general damages. The compensation table below uses information from the JCG.
|Description of Injury
|Fatality plus add-on claims
|Up to £500,000
|This bracket can include compensation for the deceased’s pain and suffering alongside any losses that impact dependents.
|Brain Damage (a)
|£282,010 - £403,990
|Injury to the brain renders the injured party with little ability to follow basic instructions. Full-time care is required.
|£324,600 - £403,990
|Paralysis from the neck down. Various factors affect the awarded amount, including the presence and extent of physical pain and impact on life expectancy.
|£219,070 - £284,260
|Paralysis to the lower limbs. Various factors affect the awarded amount, including the presence and extent of physical pain and impact on life expectancy.
|Psychiatric Damage (a)
|£54,830 - £115,730
|The prognosis is very poor with the condition affecting the ability to manage relationships and life overall.
|Full Awareness - Death
|£12,540 - £23,810
|Intrusive treatment alongside fluctuating consciousness levels for around four to five weeks. Eventual death occurs within two weeks and three months.
As you can see from the table above, there are many variables that determine compensation figures for a successful claim. This is why we’re unable to provide an average payout for medical negligence resulting in death. However, our advisors can provide a personalized estimation for your settlement. Contact us today for more information.
What Other Losses Could You Claim In a Fatal Medical Negligence Case?
You could also claim special damages in your fatal medical negligence claim. This can include payments such as:
- A bereavement award.
- Loss of consortium payment, which covers loss of companionship.
- Funeral costs.
- A financial dependency claim.
It is essential that you keep any bank statements, receipts, or invoices that prove financial losses. These are necessary for you to be compensated for the losses you incurred. Contact our advisors for further information.
The Law Reform Miscellaneous Provisions Act 1934 details that the deceased’s estate can claim for the pain and suffering the deceased endured before they died. Alongside this, the Fatal Accidents Act 1976 allows dependants of the deceased to claim for the effects the death caused by negligence had on them.
Dependants can include:
- The wife or husband of the deceased.
- A cohabiting partner of the deceased who lived with them for at least two years as spouses.
- A parent of the deceased or someone who was treated as such.
- A child or other descendant that was treated as such by the deceased. This includes stepchildren from a current or previous marriage.
- The sister, brother, aunt, or uncle of the deceased.
Our advisors are available to support you through this difficult time. Call us today for free legal advice and assistance with navigating the claims process.
We cannot offer an average payout for medical negligence resulting in death. This is because there are many factors that determine what could be received for each claim.
Evidence should be used to show that medical negligence was the cause of your loved one’s death through an avoidable incident. It can also validate your case and ensure that the correct compensation payout if your claim is successful.
Relevant evidence could include:
- Contact details of witnesses
- Notes of medical practitioners’ names, locations of treatments, dates of appointments, etc.
- Medical evidence, including copies of scans, reports, and hospital admissions or details of an incorrect prescription you were given.
- A diary of the deceased’s symptoms and treatments, highlighting their mental and physical state throughout the process.
It is also important that the claims process starts within the required time limit. The Limitation Act 1980 states that a claim must generally be started within three years of either the date the incident occurred or the date you were made aware of negligence causing the death. The latter could be the date of an inquiry, for example.
Our advisors can offer you support and guidance on starting the claims process within the time limit. Call us using the banner at the top of this page.
It is not required for you to work with a solicitor in order to make a medical negligence claim. However, the benefits of legal representation can make the claims process easier for you. A solicitor could help you build a strong claim and represent you in court.
Our panel of personal injury solicitors work through Conditional Fee Agreements (CFA), which are a type of No Win No Fee agreement. In these terms, there is generally no need for you to pay ongoing or upfront solicitor fees. There’s also usually no charge if your claim is unsuccessful.
If your claim is successful, your solicitor will deduct a success fee from your compensation award. This has a legal cap, so you keep the majority of the awarded payout.
Our team can also connect you with a No Win No Fee solicitor from our panel if your claim is valid. Contact our advisors today to learn more about these agreements.
Contact Us To See If You Can Claim For Medical Negligence Resulting In Death
If you have any remaining questions that this guide couldn’t answer, why not contact our advisors? Our team can answer any legal queries you may have, alongside helping you start the claims process.
Please see below for more helpful information.
You can also find more resources for your claim here.
Contact our advisors today if you have questions following our average payout for medical negligence resulting in death guide.
Writer Jess Aitch
Publisher Fern Smith