Medical Negligence Death Claims

Losing someone close to you can leave you with difficult questions about the care they received and whether more should have been done. If you are concerned that failures by a doctor, surgeon, nurse, midwife or another healthcare provider caused or contributed to your loved one's death, our medical negligence solicitors can investigate what happened and explain whether there are grounds to make a claim.

JMW's medical negligence solicitors act for bereaved families in fatal medical negligence claims involving NHS trusts, GPs and private healthcare providers. We gather the evidence, instruct independent medical experts and handle the compensation claim on your family's behalf. Where a coroner's inquest is taking place, we can also represent you and help make sure the questions that matter to your family are properly explored.

Our clinical negligence team is routinely recognised by the Legal 500 and Chambers and Partners as one of the country's leading medical negligence practices. Our team includes members of the Law Society's specialist panel of clinical negligence solicitors and the Action against Medical Accidents (Avma) solicitors’ panel.

The vast majority of our medical negligence claims are funded through no win, no fee agreements. Your first conversation with us is free and carries no obligation to proceed. Call 0345 872 6666 or complete our online enquiry form to speak to our team.

When Can You Make a Medical Negligence Death Claim?

You may be able to make a fatal medical negligence claim where the care provided to your loved one fell below a reasonable standard and this caused or materially contributed to their death.

A death following medical treatment does not in itself mean that medical negligence occurred. The investigation focuses on two questions: was the care reasonable, and did any failure make a material difference to the outcome?

What do you need to prove?

A fatal medical negligence claim requires evidence of breach of duty and causation. Medical negligence resulting in death must be supported by evidence in relation to both of these elements..

• Breach of duty means showing that care fell below the standard reasonably expected in the circumstances. This might involve a GP failing to investigate significant symptoms, a hospital team not acting on an abnormal test result, or a surgeon not responding appropriately to a complication.
• Causation means showing that the failure caused or materially contributed to the death. For example, in a delayed cancer diagnosis claim, independent medical evidence must address whether earlier diagnosis and treatment would probably have changed the outcome. This is how we establish whether negligent medical treatment caused or contributed to the death.

Read our guide to how to prove medical negligence.

Who can bring a claim?

The person who is entitled to make the claim for compensation depends on the deceased’s family circumstances. A claim under the Fatal Accidents Act 1976 is normally brought by the executor or administrator of the deceased's estate for qualifying dependants. These can include a surviving spouse or civil partner, certain cohabiting partners, children and other family members defined by the Act.

If there is no executor or administrator, or no action has been brought by them within six months of the death, qualifying dependants may be able to bring the Fatal Accidents Act claim themselves. This six-month rule concerns who may bring the action; it is not the overall time limit for making a fatal medical negligence claim.

In a fatal claim, we will establish who should bring the case and which parts apply to your family when we review your circumstances.

What Types of Fatal Medical Negligence Can Lead to a Claim?

Fatal medical negligence claims can arise in many areas of healthcare. They may involve negligent medical care during diagnosis, treatment, surgery, prescribing, monitoring or maternity care. What matters is whether the evidence shows that the care fell below a reasonable standard and caused or materially contributed to the death.

Common examples include:

• Delayed diagnosis or misdiagnosis: a failure to diagnose meningitis, pulmonary embolism, heart attack, stroke or another serious condition may delay potentially life-saving treatment. Where earlier diagnosis would probably have changed the outcome, this may amount to negligence resulting in death. Read about misdiagnosis and delayed diagnosis claims.
• Delayed diagnosis of cancer: failures to investigate symptoms, act on test results or make an urgent referral can reduce the treatment options available. Find out more about cancer claims.
• Failure to recognise and treat sepsis: where doctors or nurses do not recognise deterioration or provide timely medical intervention, the consequences can be fatal. A failure to provide appropriate treatment may support a fatal medical negligence claim. Read about sepsis claims and the NHS guidance on sepsis.
• Surgical and anaesthetic errors: surgical errors can involve damage during an operation, a failure to provide emergency surgery in time, failures to respond to complications or serious problems with anaesthetic care. Find out more about surgical negligence claims.
• Medication errors: negligent treatment can include giving a patient the wrong medication or dose, or failing to carry out necessary checks and monitoring. Read about prescription error claims.
• Mental health care failures: inadequate medical care may contribute to a death where there were failures to assess, observe or monitor a mental health patient known to be at risk of taking their own life. Where those failures caused or materially contributed to the death, a claim may be possible. Read about inadequate psychiatric supervision claims.
• Maternity and neonatal care: substandard medical care during pregnancy, labour, delivery or neonatal care can sometimes result in the death of a mother or baby. See our birth injury claims, neonatal claims and stillbirth claims pages.
• Delays in emergency or hospital treatment: delayed investigations, admission or urgent treatment can allow a person's condition to deteriorate. Find out more about hospital negligence claims.

These are examples rather than an exhaustive list. Fatal medical negligence claims can arise in other circumstances where negligent care caused or materially contributed to a death. We investigate claims involving both NHS claims and private healthcare, whether the death occurred in hospital, after discharge or following treatment elsewhere.

How Much Compensation Can You Claim in a Fatal Medical Negligence Case?

There is no standard amount of fatal medical negligence compensation. How much compensation can be claimed depends on the circumstances of the death, losses arising before death and the financial and practical impact on qualifying family members afterwards.

Fatal medical negligence compensation can include more than one element. In a fatal medical negligence claim, how much compensation applies to each element depends on the evidence, and we will explain how the medical negligence compensation claim is valued for your family.

A claim on behalf of the deceased's estate

A claim can be made on behalf of the deceased's estate for losses the deceased could have claimed during their lifetime. Depending on the circumstances, the estate may seek compensation for pain and suffering caused by negligent care before death and relevant financial losses caused by the negligent medical care.

A claim for qualifying dependants

Qualifying dependants may be able to claim compensation for financial losses caused by their loved one's death. This can include:

• Past and future earnings or other financial support the deceased had provided and would probably have continued to provide.
• Loss of pension benefits or other relevant future financial contributions.
• The value of services the deceased provided, such as childcare, caring responsibilities or help around the home.
• Reasonable funeral expenses.

We gather the financial evidence needed to assess these losses, including evidence about income, household arrangements and the practical support the person provided. This helps us assess the financial impact of the death and how much compensation can properly be included in the fatal medical negligence compensation claim.

The statutory bereavement award

The Fatal Accidents Act 1976 also provides a statutory bereavement award for a defined group of qualifying relatives, including a surviving spouse or civil partner in relevant circumstances. Eligibility is narrower than for some other parts of a fatal claim, so we will explain whether the bereavement award applies to your family and whether you are entitled to claim compensation under this part of the claim.

Why Choose JMW for a Fatal Medical Negligence Claim?

When you contact us after losing someone close to you, we take the time to understand what happened, the concerns you have about their care and the questions your family wants answered. We then manage the investigation and legal work for you, explaining what we are doing and what each stage means.

Our medical negligence team is led by Eddie Jones alongside Angharad Hughes and is routinely recognised by the Legal 500 and Chambers and Partners for its medical negligence work. Our team includes members of the Law Society's specialist panel of clinical negligence solicitors and the Action against Medical Accidents (Avma) solicitors panel.

Our fatal medical negligence solicitors have experience of a whole range of claims including delayed diagnosis, sepsis, surgical care and maternity care. We also provide legal support to bereaved families at coroner's inquests, allowing our medical negligence team to consider the coronial investigation and the compensation claim together.

When our specialist solicitors investigate a fatal medical negligence case, we will:

• Listen to your account and the concerns your family has about the care provided.
• Obtain and review the deceased's medical records and other relevant evidence.
• Instruct independent medical experts where appropriate.
• Explain whether the evidence supports a fatal medical negligence claim and whether there are grounds to seek compensation.
• Represent or support your family at a coroner's inquest where required.
• Deal with the healthcare provider and its legal representatives and keep you informed about what comes next.

The vast majority of our medical negligence claims are funded on a no win, no fee basis through a conditional fee agreement. We will explain the funding arrangements clearly before you decide whether to proceed.

Meet Our Medical Negligence Team

Our specialist medical negligence solicitors handle complex clinical negligence claims across England and Wales and provide legal support to bereaved families through both fatal medical negligence claims and, where relevant, coroner's inquests.

Case Studies

What Evidence Is Needed for a Fatal Medical Negligence Claim?

For fatal medical negligence claims, the evidence must show what care was provided, why it fell below a reasonable standard and how this caused or materially contributed to the death. We gather and assess this evidence for you so that you do not have to work out what is needed before contacting us.

Relevant evidence can include:

• Medical records: GP records, hospital notes, test results, scans and correspondence.
• Your family's account and witness statements: evidence about what happened, what you were told and any concerns raised.
• Inquest material: statements, expert evidence and other documents gathered by the coroner.
• Independent medical evidence: expert opinion on the standard of care and whether any failings caused or contributed to the death.
• Financial evidence: documents showing dependency, funeral expenses and other financial losses.

You do not need to collect this before contacting us. We will explain what is needed and obtain the medical and expert evidence required.

What Is the Fatal Medical Negligence Claims Process?

We manage the claims process and explain each stage before it happens. Fatal medical negligence claims will usually involve:

1. Free initial consultation: we discuss your loved one's care, your concerns, the legal tests, funding and whether we recommend investigating.
2. Medical records and evidence: we obtain the relevant GP and hospital records and review them alongside your account, witness statements and any inquest material.
3. Independent medical experts: appropriate experts assess whether the care fell below a reasonable standard and whether any failings caused or materially contributed to the death. Some cases need experts from more than one field.
4. Letter of Claim: where the evidence supports the case, we set out the chronology, alleged failings and consequences. We review this with you before it is sent.
5. Response and next steps: the healthcare provider provides a Letter of Response, which may make full or partial admissions or dispute the allegations. We advise on what follows, including the evidence needed to value the compensation claim. If the evidence remains supportive and the case cannot be resolved, court proceedings may be required.

Read our full guide to the medical negligence claims process.

What Happens After a Death Where Medical Negligence Is Suspected?

Where a death may be due to medical negligence, a compensation claim is only one part of what may happen. Depending on the circumstances, there may also be scrutiny by a medical examiner, a referral to the coroner, an inquest or an investigation by the healthcare provider.

These processes have different purposes. We can explain how they fit together and, where appropriate, use relevant evidence from them in the medical negligence investigation.

What does a medical examiner do?

Deaths in England and Wales that are not investigated by a coroner are independently scrutinised by a medical examiner before registration. A medical examiner is a senior doctor who was not involved in caring for the person and reviews the proposed cause of death. Families also have an opportunity to raise concerns about the care their relative received.

Why might a death be referred to a coroner?

A coroner investigates certain deaths, including where the cause remains unknown or there is reason to suspect the death was violent or unnatural. A coroner must also investigate certain deaths in state detention.

Where concerns arise about medical treatment, the coroner may decide that further investigation is needed. A post-mortem examination may be arranged before deciding whether an inquest is required.

What does a coroner's inquest establish?

An inquest is a public judicial investigation into a death. It considers who the person was, when and where they died, and how - and in some cases in what circumstances - the death came about.

The coroner may hear evidence from doctors, nurses, other witnesses and independent experts. An inquest does not determine civil or criminal liability, and a coroner cannot rule negligence outright or decide that a person or organisation was legally negligent. A medical negligence claim applies separate legal tests and normally requires independent expert evidence.

What conclusions can a coroner reach?

A coroner may reach a short-form conclusion, such as accident or suicide, or a narrative conclusion setting out relevant facts. The coroner can also make findings about failures in care.

In some cases, a coroner may conclude that neglect contributed to the death. Neglect has a specific meaning in coronial law and is not the same as proving medical negligence, although the evidence and findings may be relevant and helpful for a separate claim.

What is a Prevention of Future Deaths report?

If a coroner identifies circumstances that create a risk of future deaths and believes action should be taken, they must make a Prevention of Future Deaths report, sometimes called a Regulation 28 report. The recipient normally has 56 days to explain what action has been taken or is proposed, or why no action is planned.

How JMW supports families at an inquest

We represent bereaved families at inquests so the issues that matter to you are properly explored. We can:

• Liaise with the coroner's office and keep you informed.
• Review medical records, statements and other evidence.
• Identify the issues and questions that should be explored.
• Arrange representation by a barrister with relevant inquest experience where appropriate.
• Prepare you if you are asked to give evidence.
• Put relevant questions to the doctors, nurses and other witnesses involved.
• Explain the conclusion and what it means for any separate medical negligence investigation.

Healthcare providers will often have their own legal representation at an inquest. Having your own specialist solicitors means your family's concerns can be prepared and presented clearly and you have legal support throughout the hearing.

You do not need to wait for an inquest to finish before speaking to us. Contacting us earlier allows us to understand your concerns and, where appropriate, support you while the coronial process is ongoing.

Read more about how our inquest solicitors support bereaved families.

Is There a Time Limit for a Medical Negligence Death Claim?

There is usually a three-year time limit for bringing a fatal medical negligence claim under the Limitation Act 1980. This generally runs from the date of death or the date of knowledge of the person for whose benefit the claim is being brought, whichever is later.

The rules can differ depending on the circumstances, including where a dependant is a child. The court also has discretion in some cases. It is therefore sensible to speak to a medical negligence solicitor as early as you can so there is time to obtain the records, consider any inquest evidence and instruct the medical experts required.

Read our guide to medical negligence claim time limits.

How Are Fatal Medical Negligence Claims Funded?

The vast majority of the fatal medical negligence claims we handle are funded on a no win, no fee basis, also known as a conditional fee agreement.

In most circumstances, this means you will not have to pay our legal fees if the claim is unsuccessful, so there is very limited financial risk. Your solicitor will explain the funding arrangement and any costs that may apply before you decide whether to proceed.

Read more about funding a medical negligence claim.

Q

How long does a fatal medical negligence claim take?

A

There is no single timeframe. It depends on the medical issues, the experts required, whether an inquest is taking place and how the healthcare provider responds. We will keep you informed about what is happening and what comes next. Read our guide to how long medical negligence claims take.

Q

What are the legal consequences if NHS medical negligence contributed to a death?

A

Where NHS medical negligence resulting in death is established, the civil claim seeks compensation from the responsible NHS organisation rather than from an individual doctor or nurse personally. Separate processes may address other concerns: a professional regulator can consider fitness to practice, while a coroner can issue a Prevention of Future Deaths report where action is needed to reduce an ongoing risk. Read more about NHS negligence claims.

Q

Can a family member claim for a psychological injury after witnessing a death?

A

The law places strict limits on separate claims for a recognised psychiatric injury caused by witnessing a loved one's death. Following the Supreme Court's 2024 decision in Paul v Royal Wolverhampton NHS Trust, close relatives generally cannot bring this type of claim where the death or medical crisis resulted from an earlier failure to diagnose or treat a medical condition. We can advise you based on your circumstances if you have experienced a diagnosed psychological injury.

Q

Does a coroner's conclusion decide whether a medical negligence claim will succeed?

A

No. An inquest establishes how a person died; it does not determine civil liability. Findings made by the coroner and evidence heard at the inquest may still be relevant to the separate medical negligence investigation.