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Clinical Negligence - Fatalities

 

When someone close to us dies, it is always difficult and upsetting. If a person’s death is linked to medical treatment however, it can be an even more distressing and confusing time for all involved.

Clinical negligence matters can be complicated and are best dealt with by a specialist personal injury lawyer. Our lawyers have extensive experience in clinical negligence cases and can provide expert claim advice and assistance. See our guide below on claiming compensation for fatalities caused by negligent medical treatment.

Can a clinical negligence claim always be made when death is linked to treatment?
When does negligent medical treatment not give rise to a claim?
Cases where clinical negligence can give rise to a limited claim
How autopsy results can be important to a clinical negligence claim
How are damages calculated in respect of compensation claims for fatalities?
Who can make a clinical negligence claim for a fatality?
Clinical negligence compensation claims

Can a clinical negligence claim always be made when death is linked to treatment?

The short answer to this question is no, not always. There are certain factors that have to be considered when deciding whether or not it is possible to make a claim in respect of someone’s death.

There are some cases in which death occurs naturally due to the initial condition the patient was suffering from or the treatment they were given. Even in cases where the treatment administered could give rise to criticism, it is not always possible to pursue a claim for compensation.

In order to make a clinical negligence claim in respect of the death of a family member, it must first be possible to prove that there was negligence on the part of medical staff and this was linked to their death. It is also important to establish that the outcome would have been different had the treatment been correct as, if it is unlikely to have made any real difference, a compensation claim might not be possible.

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When does negligent clinical treatment not give rise to a claim?

In some cases it is possible to establish that the treatment a patient received was negligent, but not that this affected the outcome.

If there is a greater than 50% chance that the patient would not have survived in any event, regardless of the treatment provided, it is unlikely that a clinical negligence claim would be successful. This is because it cannot be conclusively proven that the negligence caused the person’s death.

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Cases where clinical negligence can give rise to a limited claim

It may be that a person has died due to medical negligence and a condition that was not previously known about, which would have eventually caused their death, becomes apparent. In these cases, the person would have had a reduced life expectancy anyway, so a claim would most likely only be made for the period that they could have been expected to survive had they not been negligently treated.

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How autopsy results can be important to a clinical negligence claim

An autopsy can sometimes be helpful in clarifying important information on the cause of a patient’s death and on any other conditions that may need to be considered if a claim is made.

As an example of how an autopsy could help with a claim, consider the case of a patient who, prior to their death, was receiving treatment for cancer. If the cause of their death was unrelated to the cancer and the autopsy showed that the cancer treatment had been successful in eradicating it, the defendants could not have the value of the claim reduced on the basis that the person would have a reduced life expectancy to begin with.

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How are damages calculated in respect of compensation claims for fatalities?

Compensation for a clinical negligence fatality often comprises of several elements. These include:

• Personal Injury: For any pain and suffering that the deceased may have gone through as a result of the clinical negligence, prior to their death.
• Bereavement: The amount of damages for bereavement is currently limited to £10,000 and is only payable to spouses (including civil partnerships) and parents of a minor child.
• Funeral Expenses: To cover funeral costs incurred and the reasonable cost of a headstone / memorial stone.
• Loss of Dependency: This is available to persons who were financially dependent upon the deceased, for example a spouse, partner, elderly parents or children either under the age of 18 or in full time education. Often the largest part of any claim, the compensation for loss of dependency is based upon the earnings, future earnings and future pension of the deceased.
• Loss of Support / Services: In respect of duties that the deceased previously undertook, for example gardening, D.I.Y. etc.

The courts apply a financial formula when calculating awards for dependency, apart from in exceptional circumstances where this is not appropriate. They take into account the degree to which the surviving claimant or partner was dependent upon the deceased in respect of income, future income and services. Marriage or re-marriage prospects do not affect claims for dependency.

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Who can make a clinical negligence claim for a fatality?

To summarise, in order to be successful in making a clinical negligence compensation claim in respect of the death of a loved one, the following needs to be established:

• That the negligent medical treatment caused the person’s death
• What the prognosis would have been but for the negligent treatment
• Whether or not there were any existing medical conditions that would have had an effect on the person’s normal life expectancy or ability to work and could reduce the value of any claim.
• Who was dependent upon the deceased financially

Your lawyer will be able to collate the facts and evidence in order to assess whether or not it is likely a successful clinical negligence claim can be pursued.

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Clinical negligence compensation claims

If a member of your family has died as the result of clinical negligence (also known as medical negligence), you may be entitled to claim compensation.

Contact The Legal Line on 0800 0328511 for sympathetic, cost free advice from our expert lawyers. Alternatively, complete an online claim enquiry form and we will call you back.

Our lawyers have successfully recovered compensation for many innocent victims of clinical negligence and details of some of these cases can be found in our news and success stories sections.

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