Death caused by medical negligence
When a loved one passes away, it’s often difficult for family to come to terms with it. However, when their death is caused by medical negligence - unacceptable levels of care or medical mistakes - it makes things even worse for everyone.
If a loved one’s death could have been prevented by timely and appropriate medical care, then please get in touch with us. Our experienced and specialist medical negligence solicitors in Plymouth are able to guide you through the process of seeking the compensation that you’re entitled to.
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Fatal medical negligence claims are usually brought by the deceased person’s estate or by certain family members who were financially or emotionally dependent on them.
We understand how difficult it can be to even consider legal action during a period of grief, which is why we approach every case with care, sensitivity and compassion. Our role is to help you understand what happened and whether the death could have been avoided with appropriate treatment or care.
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Fatal medical negligence claims can arise from many different circumstances where medical treatment falls below an acceptable standard. This may include delayed diagnosis, surgical errors, medication mistakes, failures in emergency treatment or missed signs of serious illness or infection. In some cases, earlier intervention or different treatment could have prevented the death entirely. Every case is unique, so a detailed investigation is needed to understand whether negligence may have occurred.
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To prove fatal medical negligence, it must usually be shown that the medical care provided fell below a reasonable standard and that this directly contributed to, accelerated or caused the death. This often involves reviewing medical records and obtaining evidence from independent medical experts who can assess the treatment provided. In some cases, there may also be a coroner’s inquest which can provide important information about what happened. Our team will carefully gather and investigate all available evidence to build a clear understanding of whether negligence occurred.
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Most fatal medical negligence claims are resolved without the need for a full court trial though this may not always be the case.
If court proceedings are necessary to secure a fair outcome, we will guide and support you throughout every stage of the process. We understand this can feel overwhelming during an already emotional time, so we will always explain things clearly and handle matters as sensitively as possible.
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talk about your situation
A fatal medical negligence claim is a legal claim brought when a person has sadly died as a result of negligent medical care or treatment. These claims arise when it is believed that a healthcare professional, hospital, GP or medical provider failed to provide an acceptable standard of care and that this failure either caused or contributed to the death.
Fatal medical negligence can happen in many different situations, including delayed diagnosis, surgical errors, medication mistakes, failures in emergency treatment or missed signs of serious illness or infection. In some cases, earlier intervention or appropriate treatment may have prevented the death entirely or significantly prolonged a person’s life.
These claims are usually brought on behalf of the deceased person’s estate or by close family members who have been affected by the loss. As well as helping families seek answers and accountability, a claim can also provide financial support for dependants and help cover losses such as funeral expenses, loss of income and the emotional impact the death has had on loved ones.
We understand that considering legal action after losing someone close to you can feel incredibly difficult. Our role is to support you sensitively throughout the process, investigate what happened and provide clear advice about whether there may be grounds for a claim.
What is a fatal medical negligence claim?
There is usually a three year time limit for bringing a fatal medical negligence claim. In most cases, this time limit begins from the date of death. Because these claims often involve detailed investigations and medical expert evidence, it is important to seek legal advice as early as possible. Delays can make it more difficult to obtain records, gather evidence and speak to witnesses while events are still recent. In some circumstances, different time limits may apply depending on who is bringing the claim and whether there are dependants or children involved. Our team can advise you clearly on the relevant deadlines and help ensure any claim is started within the required timeframe.
Time Limits for a Fatal Medical Negligence Claim
How do I make a fatal medical negligence claim?
Making a fatal medical negligence claim can feel overwhelming, especially while coping with the loss of a loved one. This is why every case should be managed with compassion and care.
The process begins with a free initial consultation where our Medical Negligence team take the time to listen to what happened and answer any immediate questions you may have. We will explain whether there may be grounds for a claim and what the next steps would involve. If you decide to proceed, we will obtain the relevant medical records and begin a detailed investigation into the care your loved one received.
We will also obtain independent medical expert evidence to assess whether the treatment fell below an acceptable standard and whether this contributed to the death. In some cases, there may also be a coroner’s inquest, and in appropriate cases we can support and advise you throughout that process as well.
We understand that no amount of compensation can undo what has happened. However, a claim can help provide answers, accountability and financial support for families who have been affected by the loss of a loved one.
Why choose Nash & Co Solicitors?
At Nash & Co, we understand that pursuing a fatal medical negligence claim is about far more than legal proceedings. Families often come to us during one of the most difficult periods of their lives, looking for answers, accountability and support after the loss of a loved one. Our specialist medical negligence solicitors approach every case with sensitivity, compassion and professionalism, taking the time to fully understand your circumstances and the impact the loss has had on your family.
We have extensive experience handling complex medical negligence claims, including cases involving delayed diagnosis, surgical errors, medication mistakes and failures in emergency care. Our team works closely with independent medical experts to carry out thorough investigations and build the strongest possible case on your behalf. Throughout the process, we provide clear advice in straightforward language and ensure you are kept informed at every stage.
Most importantly, we recognise that every family’s situation is unique. We will always take a personal approach to your claim, ensuring you feel listened to, supported and reassured from the moment you contact us.
Client-first approach
Our client-first approach means you and your family are always at the centre of everything we do. We understand that after the loss of a loved one, the legal process can feel overwhelming, emotional and difficult to face, which is why we focus on making things as clear and manageable as possible.
We will take the time to listen to your story properly and explain your options in straightforward, plain English. You will always know what is happening with your claim and what the next steps are, with no confusion or unanswered questions. We keep communication open and consistent so you feel supported throughout.
We also recognise that families may be facing financial pressure following a bereavement. Where appropriate, we can explore funding options such as No Win No Fee arrangements and explain how support may be available during the claim process.
Additional Support
We offer a free, no obligation consultation with our Medical Negligence team to discuss your circumstances in detail. During this initial conversation, we will listen carefully to what has happened, answer any questions you may have and provide clear, honest advice about whether a fatal medical negligence claim may be possible. There is no pressure to proceed, and the focus is simply on helping you understand your options.
We also act on a no win no fee basis, meaning you will not need to worry about upfront legal costs when bringing a claim. This allows families to pursue answers and accountability without the added stress of financial risk during an already difficult time.
In some cases, we may also be able to secure interim payments while the claim is ongoing. These can help provide financial support with immediate needs such as living costs or other pressures following a bereavement, before the final settlement is reached.
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Medical Misdiagnosis Frequently Asked Questions
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There are various items which can be claimed depending on the circumstances of the case and the relationship of the claimant to the deceased patient.
Examples are financial losses that result from the death, including loss of financial support, funeral expenses, loss of services and past loss of earnings. Non-pecuniary damages offer compensation for the emotional pain, suffering and loss relating to the death, including bereavement damages and loss of consortium.
It's important to consult with a lawyer to understand the specific damages that may be applicable in your case and to determine potential compensation. They will consider the individual circumstances and applicable laws to help you pursue a fair and comprehensive claim.
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In England and Wales, the time limit for filing a Fatal claim is within three years from the date of death. It's important to note that specific circumstances can affect the time limit, and there are certain exceptions and extensions that may apply. If the patient survives for longer than three years after the negligence then that period will determine the limitation date.
It's important to consult with a Fatal claims lawyer as soon as possible to understand the specific time limit that applies to your case. They can assess the circumstances, review any potential exceptions, and ensure that the claim is filed within the required timeframe. Delaying beyond the applicable time limit may result in the loss of the right to seek compensation.
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The duration of a Fatal case can vary widely depending on the specific circumstances of the case, including the complexity, the cooperation of the parties, and the court's schedule. It's challenging to provide an exact timeframe as each case is unique, but generally, Fatal cases can take several months to a few years to resolve.
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If the deceased had a pre-existing condition, it could affect a Fatal claim, but it does not necessarily prevent the claim altogether. The impact of a pre-existing condition depends on various factors, including the nature of the condition and how it relates to the cause of death and the loss of expectation of life.
It's important to consult with a lawyer, who can assess the specific circumstances of the case, including the pre-existing condition and its relationship to the cause of death. They can provide tailored advice on the impact of the pre-existing condition and help determine the viability of pursuing a claim.
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If your enquiry is urgent then please call us on 01752 827085.
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