Compensation for death caused by medical negligence

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When can you make a claim for compensation for death caused by medical negligence?

A claim for compensation for death caused by medical negligence can be brought when someone has died as a result of  substandard medical treatment, including the misdiagnosis of a serious condition or not receiving the correct medical care.

The legal basis for making a claim

If someone’s death was caused by the negligence of a healthcare provider their dependents (including their husband/wife and children) may be able to claim compensation under:

  • The Fatal Accidents Act 1976; and
  • The Law Reform (Miscellaneous Provisions) Act 1934.

What Is The Fatal Accidents Act 1976 (FAA)?

Under the Fatal Accidents Act, dependents of the deceased can claim compensation if the death occurred as a result of negligence. There are different types of compensation that can be sought, including the statutory bereavement award, past and future financial dependency, and past and future services dependency.

The statutory bereavement award in England is currently set at £15,210.00 (December 2024). This is payable to:

  • The wife, husband or civil partner of the Deceased; or
  • If the deceased was under the age of 18 and never married/civil partner:
  • Their parents (if legitimate); or
  • Their mother (if illegitimate).

The FAA sets out who qualifies as a dependent:

  • The wife, husband or civil partner of the Deceased;
  • Anyone living with the Deceased immediately before their death;
  • Anyone living with the Deceased for 2 years before their death;
  • Any biological child of the Deceased;
  • Any other child treated by the Deceased as their own child;
  • Any parent or grandparent of the Deceased;
  • Any sibling of the Deceased (brother, sister, uncle, aunt, etc)

What Is The Law Reform (Miscellaneous Provisions) Act?

This Act enables a claim for compensation to be brought on behalf of the deceased’s estate if their death was caused by negligence. The estate acts on behalf of the deceased person to pursue a claim for them and any compensation received is distributed through the estate to the deceased’s beneficiaries.

A Grant of Probate is required if the deceased had a Will, or Letters of Administration if the deceased did not have a Will.

The different types of compensation that can be claimed by the estate, from the date of the negligence to the date of death, include an award of compensation for the deceased’s ‘pain, suffering’, loss of earnings/income, the value of care provided to the deceased and funeral and wake expenses. There could also be a claim for the time and cost of applying for and obtaining either the Grant of Probate or Letters of Administration.

How we can help you

For expert guidance on claiming compensation for death caused by medical negligence and details of no win, no fee funding, contact us for a free consultation.

Compensation for death caused by medical negligence

Free Consultation

Get your free consultation by:

  1. Phoning our confidential helpline on freephone 0333 888 0412
  2. Sending details of your case to [email protected]
  3. Completing our online form:

How to Start Your Claim

Starting your medical negligence claim could not be simpler.

All you have to do is contact our friendly team for a free consultation. We will then walk you through the process. It's as easy as 1-2-3.

  1. We will assess the legal merits of your case, and tell you if we can assist.
  2. We will explain how No Win, No Fee funding works.
  3. When you are ready to go ahead, we will begin preparing your case.

What our clients say about us

We have over 1,200 reviews and an overall five-star rating on the independent legal review website, ReviewSolicitors.

Here is just a short selection of some of the reviews that our clients have left for our clinical negligence team:

Maddy Lawrence

“With the premature death of our eldest daughter, as it turned out, by clinical negligence, we were facing a very difficult journey both in proving fault and keeping heart and soul together. That we were able to, in terms of the fault element, was down to our professional legal team. They provided clear, calm and compassionate advice which got us through a horrendous inquest and subsequent legal maneuverers. They, in short, were magnificent and we are extremely grateful that we had them on our side.”

Great firm!

“I had an experience with Oliver Thorne who was nothing but helpful with settling my claim. He was very patient and professional as well as making sure I was happy and content throughout the whole process! Would highly recommend him if you’re looking for a solicitor!”

Compassionate, thorough, and outstanding legal support thus far

”Jade was incredibly friendly, taking the time to ask all the right questions and thoroughly investigate our case. Unlike previous solicitors, who dismissed us, Jade and the team at Slee Blackwell delved deeper and gave us renewed hope. We are extremely grateful for the dedication and professionalism in fighting for us. I would recommend Slee Blackwell to anyone in need of legal assistance.”

Mesh claim

“I cannot thank the team enough there understanding and empathy and the knowledge is outstanding. Caroline has been supportive every step of the way, she has informed me and kept me updated how the claim has progressed she has also had great understanding around my mental health and the physical damage I have occurred. I cannot thank the team enough. The team made this experience easier for me to deal with my emotional distress and pain.”

Thank you

“On behalf of all of us, we would like to thank you for your guidance, professionalism, humanity and kindness you have shown us all throughout this process. You have explained everything to us in clear and concise terms throughout and we are extremely grateful. We would have no hesitation recommending you and using your services in future. Thank you.”

Exceptional Service

“I have received expert advice throughout my case, the attention to detail is second to none. Their professional outlook and relatability means that I always recommend the firm. When I was unclear of any information or possible outcomes they took the time to speak with me on a personal level, confirming our conversation through email, I feel supported and understood and most of all they are empathetic, something that is often missing from large firms.”

Friendly, professional, knowledgeable.

“Oliver assisted me in the aftermath of my father’s sudden death in hospital. He helped me to draught my initial letter of complaint to the health authority, represented me and my mother at the inquest and ultimately succeeded in bringing a successful claim. I always felt I could approach Oliver with any questions and he would explain the legal processes in an understandable way. I would not hesitate to recommend him should anyone find themselves in a similar unfortunate position.”

Excellent solicitor

“I cannot recommend this firm highly enough and especially Caroline who is professional approachable and thorough, she works tirelessly and is a real credit to the firm, you are not made to feel like just a number as with other firms, it’s a pleasure to have such an excellent solicitor to represent you when you have gone through so much she is so understanding and knowledgeable.”

10 Reasons to Choose Our Team

  1. We are specialist clinical negligence solicitors who are recommended by the Legal 500 and Chambers and Partners legal guides.
  2. We offer a nationwide service.
  3. We have a five-star ranking on the independent legal review platform, ReviewSolicitors.
  4. Team leader Oliver Thorne is an accredited AvMA panel lawyer.
  5. We have been awarded Lexcel accreditation by the Law Society for excellence in client care.
  6. We offer a sympathetic, understanding and refreshingly jargon-free approach.
  7. We believe that clients should be treated as valued individuals, not a number or just another problem to be solved.
  8. We have close links with independent medical professionals, and can therefore ensure we get the best possible expert input for your claim.
  9. We operate a FREE medical negligence helpline which you can call on 0333 888 0412 for a free, no obligation consultation and case assessment. You can also contact our helpline by email at [email protected].
  10. We fund cases on a no win – no fee basis, so worries about legal costs should not put you off seeking justice.

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