By Marlon Harewood. Last Updated 16th November 2022. In this guide, we will look at how a medical negligence compensation calculator for death can be used to value a claim. If your loved one has passed away as a result of substandard medical care, then you may be eligible to claim.
There are a number of ways that someone could pass away as a result of medical care. For instance, they may have received a misdiagnosis meaning that they did not receive the correct treatment for their condition. Alternatively, a surgical error could cause an injury that proves fatal.
In some cases, complications like this can arise even when the right standard of care is being delivered. But if the actions of the healthcare provider are deemed to be negligent, you could be eligible to pursue a compensation claim.
Death By Medical Negligence Payouts
Our advisors offer free legal advice that could help you gain compensation for a loved one that died due to death by medical negligence. If you have a valid claim, they could connect you with a solicitor from our panel to represent you.
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Jump To A Section
- A Guide To Using A Medical Negligence Compensation Calculator Death
- What Is Medical Negligence Leading To Death?
- What Things Can You Claim For After Death Caused By Medical Negligence?
- Common Types Of Medical Negligence Causing Death
- Medical Negligence Statistics
- Care Claim After Someone Has Suffered Fatal Medical Negligence
- How To Use A Medical Negligence Compensation Calculator For Death
- How Much Could I Expect To Claim For Medical Negligence Death?
- Medical Negligence Compensation Calculator Death
- No Win No Fee Claim Agreements For Medical Negligence causing Death
- Get Free Legal Advice From Our Team
- Ask Our Team To Calculate Your Medical Negligence Death Claim
- Resources And Case Studies
- Fatal Medical Negligence Claim FAQs
In this guide, we will look at how you could pursue a claim for compensation for death caused by medical negligence. To begin, this guide will look at what the definition of medical negligence is, and how it could result in someone passing away.
Furthermore, we will look at some of the costs that can be included in a fatal medical negligence claim. This guide will also provide examples of some of the forms that substandard medical care can take. In addition to this, we will also provide some relevant statistics.
In some cases, you may have had to spend money on end of life care for your loved one before they pass away. This guide will explain how a care cost claim could be taken into account when your compensation is calculated.
Finally, we will look at how much you could receive in a claim for death caused by medical negligence. We will also look at what a No Win No Fee agreement is and how this can benefit you when funding legal representation for a claim.
If you have any further questions about claiming compensation for death caused by clinical negligence, speak to our team today. You can also use our medical negligence compensation calculator for death to see how much you could be owed.
When you seek medical attention, you are entitled to a minimum standard of care. This is the same whether you are seeking medical attention from a private healthcare provider or an NHS facility.
Medical negligence is where a healthcare provider administers a substandard level of care, and this causes the patient harm that they wouldn’t have experienced if the right care was given.
In some cases, you will be caused harm as a part of the process of receiving medical treatment. For instance, you may have diabetes and present to the hospital with an infected ulcer on your foot. This could mean that it needs to be amputated to prevent the infection from spreading.
Even though this treatment causes you more harm in the sense that it leaves you with your foot amputated, this wouldn’t be an example of medical negligence.
Use our medical negligence compensation calculator for death to help you value your compensation claim. Otherwise, you can get in touch with a member of our team today for free legal advice.
When you make a medical negligence claim, your compensation could consist of two different kinds of damages. These are general and special damages.
Firstly, general damages compensation is about receiving compensation for the physical pain and psychological suffering of the deceased. The second type of compensation is special damages. This is designed to cover any financial losses you’ve incurred. Through special damages, you can claim for:
- Loss of earnings (including loss of future earnings)
- Travel costs
- Prescriptions and medicine
- Funeral costs
Our medical negligence compensation calculator for death will not take into consideration special damages like funeral or travel costs. So for a more accurate assessment of what you could receive, why not get in touch with a member of our team today?
In this section, we will look at some of the ways medical negligence can occur. We will also examine how these instances can be fatal.
This list isn’t exhaustive, and there are many ways that medical negligence can occur that we haven’t mentioned below. For more information on whether the instance that caused you harm would be grounds for a claim, speak to us today.
If you’re feeling unwell or suspect that you’re ill or injured, you may seek medical attention in order to receive a diagnosis. The course of your treatment is dependant on this diagnosis being correct; if it’s not, then you might receive the incorrect course of treatment or no treatment at all.
You can receive a misdiagnosis without it resulting from a breach of duty of care. For example, you might not be exhibiting typical symptoms of the condition in question, meaning that your doctor cannot expect to make a diagnosis.
Below, we have included some instances of how medical negligence can lead to a missed diagnosis:
- A GP not fully listening to your concerns meaning that they miss vital information that could’ve led to a successful diagnosis.
- Scans are mixed up, meaning that you’re told you don’t have a condition that you are suffering from.
- A doctor misreads the results of a and fails to diagnose a skull fracture. Left untreated, this causes fatal brain damage.
Fatal Errors In Childbirth Or Pregnancy Care
Childbirth can be a painful experience. However, when giving birth you still have a right to receive a minimum standard of care. What’s more, your baby is entitled to this standard of care, too.
Examples of medical negligence that could occur in childbirth, resulting in death, include:
- Signs of preeclampsia are missed in the mother, causing her to pass away from complications
- The umbilical cord is wrapped around the baby’s neck, causing them to experience a fatal brain injury. This isn’t spotted and the baby dies as a result.
- You’re given incorrect information about health during pregnancy. Because of this, your child is stillborn.
Misdiagnosis Of Cancer Or Meningitis
A meningitis misdiagnosis or a misdiagnosis of cancer can have drastic and sometimes fatal consequences to your health. If either of these conditions is left to worsen, then it could progress to a point where it can no longer be treated.
If your loved one was misdiagnosed, which led to their passing away, use our fatal medical negligence calculator to see how much you could claim. For more information, call our team of advisors now using the phone number at the top of this page.
MRSA And Other Healthcare Acquired Infections
Methicillin-resistant Staphylococcus aureus (MRSA) is a bacteria that has a resistance to several antibiotics. It’s an infection that’s often contracted in hospitals. MRSA can be serious.
Some of the reasons why you might be more at risk of an MRSA infection in the hospital include:
- Your immune system is usually in a more vulnerable state, meaning it may struggle to fight off the bacteria.
- There’s usually a way for the bacteria to get inside your body due to the injury you’ve suffered. A wound, burn or feeding tube are examples of things that the MRSA bacteria could enter through.
- Close contact with large amounts of people quickens the spread of bacteria.
This could be caused by medical negligence if the staff don’t adhere to proper hygiene standards. Additionally, you might not be given the correct advice about wound care and looking after devices like drips and catheters which could lead to infection.
Fatal Errors In General Surgery
Surgery could result in someone passing away. While complications can arise when undergoing an operation, if the harm was caused by medical negligence, you may be able to claim.
Examples of surgical medical negligence include:
- The wrong body part is operated on. For example, instead of the appendix being removed the surgeon removes the gall bladder, meaning that the appendix bursts. Operating on the wrong site of the body is an example of a never event.
- An anaesthetic error causes a patient to pass away on the operating table.
- When removing a tumour, not all of the cancerous tissue is removed. This allows the cancer to continue to spread which proves fatal.
Fatal Errors In Spinal Surgery
The spine is a very intricate and complex part of your body, so back surgery mistakes can result in paralysis or, in some cases, death. Operations like lumbar decompression surgery can be used to treat compressed nerves in the bottom of the spine.
There is a risk of death in these kinds of surgeries, even when the right level of care is administered. For example, you might develop a blood clot in your leg after the operation.
However, you might be given incorrect information about your recovery. For instance, you might mistakenly be told to rest afterwards instead of being advised to stay active.
Our medical negligence compensation calculator for death can help you work out how much your claim could be worth. Alternatively, you could speak with one of the advisors on our team today for a no-obligation valuation of your claim.
Above, we’ve included a graph showing the number of new obstetrics claims made against the NHS since 2015/16. These statistics come from NHS Resolutions. It shows that the number of obstetrics claims that do not involve cerebral palsy or brain damage is consistently higher than the number of those that do. 2020/21 saw the number of claims involving cerebral palsy and brain damage at the highest rate since pre-2015/16.
We aren’t able to say how many of these compensation claims were related to a mother or baby who died because of medical negligence. If you’d like more information on whether you could be entitled to claim, get in touch with our team today.
If medical negligence has led to your loved one needing end-of-life care, this can be costly. The cost of care can be included in a medical negligence claim.
You may be able to claim back the cost of:
- Adaptations needed to your house, like a care bed.
- Adaptations to your car. For example, if your loved one were in a wheelchair, you would need to buy a wheelchair-accessible car.
- The costs of a nurse or nursing home
Our medical negligence compensation calculator for death won’t take into consideration any special damages other than loss of earnings. For an assessment of the value of your claim that considers all the aspects you could be reimbursed for, why not speak with a member of our team today?
A medical negligence calculator can be used to help you work out the amount of compensation you could be owed. In just a few minutes, you could receive a rough estimate of the value of the claim.
Please bear in mind that there are some aspects of your compensation that won’t be taken into account by our calculator. These include:
- Any special damages with the exception of a loss of earnings.
- The bereavement award. This is a flat rate of £15,120 that can be claimed by the spouse, civil partner or cohabiting partner of the deceased.
- Dependency award. This is compensation that can be claimed by those who are financially dependant on the deceased.
For more information on how much your claim could be worth, speak with a member of our team today. Otherwise, read on to find out how much you could receive in a compensation claim.
When you make a claim for compensation, the general damages head of the claim will take into account the pain and suffering that the injuries caused. In the case of medical negligence that causes death, this will relate to the amount that your loved one suffered before they passed away; this will be confirmed by medical records.
Special damages are designed to cover any financial losses experienced due to the injury or death. You should provide evidence of these financial losses in order to receive the full value of them back. This includes providing them with receipts, invoices or bank statements.
A medical negligence compensation calculator for death could help you assess how much you could be entitled to. However, for a more accurate assessment of your claim, you can also get in touch with someone from our claims team today.
Below is a list of injuries and their respective compensation brackets. We’ve taken these figures from the Judicial College Guidelines.
These are compensation brackets that are created based on previous settlement awards. They are just guidelines, however, and not guaranteed.
|Death (Add On)||Up to £550,000||General compensation for the pain and suffering the deceased person may have undergone and for the financial impact it will have on their dependents.|
|Brain Damage||£282,010 to £403,990||Severe brain damage causing severe mental and physical disabilities and reducing a person's life expectancy|
|Death||£12,540 to £23,810||Where the injured person has been fully aware for a short period, and then conscious at fluctuating levels between four and five weeks. Death will occur within a couple of weeks to 3 months.|
|Death||£10,510 to £10,670||Where excruciating pain is felt but unconsciousness follows after 3 hours and death 2 weeks later.|
|Death||£3,760 to £4,390||Where after the injury the injured person is immediately unconscious and death occurs within 6 weeks.|
|Death||£1,370 to £2,790||Where after the injury the injured person is immediately or very shortly unconscious and death occurs within 1 week.|
|Mental anguish||£4,670||Where the injured person knows about the reduction in their life expectancy and is fearful of death.|
Understandably, you may want a more accurate estimation of the compensation you could receive. Get in touch with our advisors today using the phone number at the top of this page.
Our panel of solicitors work on a No Win No Fee basis. What this means is:
- You won’t have to pay any legal fees upfront or during the claim to your personal injury solicitor.
- You won’t need to pay your solicitor if you don’t win.
- Your solicitor will take a small, legally capped portion of your compensation in the event that your claim is successful.
If you’re interested in finding out more about using a No Win No Fee agreement to fund legal representation, get in touch with our team today. You can also use our medical negligence compensation calculator for death to value your claim.
You can use our medical negligence compensation calculator for death to see how much your claim could be worth. Alternatively, our advisors offer free legal advice 24/7, so you can call them at a time that suits you for free legal advice.
- Call them using 0800 408 7826
- Use our live chat by clicking on the window on the bottom right-hand corner of your screen.
- Contact us via our website.
If you’re unsure how to use our personal injury calculator, don’t worry! You can call one of our advisors free of charge, who can assess your claim and clarify the amount of compensation you could receive. If you want to know how much you can claim, don’t delay and call us today!
For more useful information, please refer to the links below.
More advice on how to claim can be found on the NHS website.
Would you like more information about brain injuries? If so, visit the Headway website.
If you think you might’ve broken a bone but want more information, click here.
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Death due to medical negligence – how long do I have to claim?
If you are claiming on behalf of a family member or friend whose death was caused by medical negligence, you will have to start your claim before the time limit expires.
According to the Limitation Act 1980 – the time limit to start a claim such as this can either be:
- 3 years from the date of your loved one’s death
- 3 years from the date in which you were made aware of the cause of their death – e.g. if you had only received this information following an inquest, or a post-mortem.
Please reach out to one of our advisers for any questions you may have about time limit or fatal accident claims in general.
What happens if someone dies due to medical negligence?
As our guide has explained, you could able to claim compensation if your loved one’s death was due to medical negligence.
Our guide goes into depth about how to prove liability in a claim for medical negligence leading to death, and our calculator could be used to generate an estimate of how much you could receive. Get in touch for free legal advice at any time.
What are the types of medical negligence?
There are various types of medical negligence, many of which have been described in this article. They include:
- Pregnancy and childbirth injuries
- Prescription errors
- Surgical errors
Thank you for reading our medical negligence compensation calculator for death.
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