When you or your family member goes into hospital, you trust that they will receive safe, professional, and timely care. Most of the time, this is exactly what happens. However, there are situations where things go wrong because medical staff do not provide the correct standard of treatment. In the most tragic cases, this negligence can lead to a patient’s death.
Losing someone you love because of poor medical care is devastating. Along with the emotional pain, you may also be facing unexpected costs, a loss of financial support, and many unanswered questions. You may wonder if you can take legal action, what the process involves, and how much compensation you might be able to claim.
This guide will walk you through everything you need to know about claiming for death caused by hospital negligence — in clear, simple terms — so you can make informed decisions during an incredibly difficult time.
What Does “Hospital Negligence” Mean?
Hospital negligence happens when doctors, nurses, surgeons, or other medical staff fail to meet the professional standard of care they owe to a patient. This isn’t just about making a mistake — it’s about providing care that falls below what could reasonably be expected, and as a result, causing avoidable harm.
When negligence leads directly to someone’s death, it may be possible to make a wrongful death claim. These cases can arise from many situations, such as:
- A surgical error (e.g., damaging a vital organ during surgery).
- Misdiagnosis or delayed diagnosis of a serious condition (like sepsis or cancer).
- Giving the wrong medication or incorrect dosage.
- Failing to monitor a patient’s condition properly.
- Ignoring test results that show something is seriously wrong.
If you believe your loved one’s death could have been avoided with proper medical care, you might have grounds for a claim.
Who Can Make a Claim for Death by Hospital Negligence?
In the UK, there are two main laws that set out who can claim and what for:
a) Law Reform (Miscellaneous Provisions) Act 1934 (LRMPA)
- This allows the estate of the deceased to make a claim for the pain and suffering the person experienced before they died.
- The estate is essentially the legal “representation” of the person who has passed away.
- For the first 6 months after the death, only the estate can bring this type of claim, and it can also claim on behalf of dependants.
b) Fatal Accidents Act 1976 (FAA)
- This allows dependants of the deceased to claim for the impact the death has had on them — financially, emotionally, and practically.
- Dependants include:
- A husband, wife, or civil partner (current or former).
- A partner who lived with the deceased in a marriage-like relationship for at least 2 years.
- A child, stepchild, or anyone treated as a child.
- Parents or those treated as parents.
- Siblings, aunts, uncles, and their children.
- After the first 6 months, if the estate hasn’t claimed, dependants can bring their own claim.
What Can You Claim For?
If your claim is successful, the compensation can cover different types of losses. These may include:
- Pain and suffering of the deceased before death (claimed by the estate).
- Financial dependency — if you relied on the deceased’s income, pension, or benefits.
- Loss of services — such as childcare, household repairs, or other practical help the deceased provided.
- Funeral costs — reasonable expenses can be claimed.
- Loss of consortium — the loss of companionship and the emotional impact on your relationship.
- Statutory Bereavement Award — a fixed sum of £15,120 (under the FAA) paid to qualifying relatives, such as a spouse, civil partner, or parents of an unmarried minor. If more than one person qualifies, it is split.
Proving a Death Was Caused by Hospital Negligence
To make a successful claim, you must prove three key things:
- Duty of Care — That the medical professionals had a legal responsibility to care for the patient (this is almost always the case in a hospital setting).
- Breach of Duty — That they failed to provide the standard of care expected.
- Causation — That this breach caused avoidable harm which directly led to death.
Evidence is crucial in proving these points. This could include:
- The deceased’s medical records.
- Death certificate or coroner’s report.
- Post-mortem or inquest results.
- Copies of test results (X-rays, scans, blood tests).
- Witness statements from friends, family, or hospital staff.
An experienced solicitor can help gather and interpret this evidence, often with the support of independent medical experts.
Time Limits for Making a Claim
Under the Limitation Act 1980, you usually have three years to start a claim. This can be:
- From the date of death, or
- From the date of knowledge — when you found out (or should have found out) that negligence caused the death. For example, this could be when you receive the results of a post-mortem or an inquest.
If you miss this deadline, you may lose your right to claim, so it’s important to get legal advice as soon as possible.
Could You Claim Against the NHS or a Private Hospital?
Yes. Whether your loved one was treated in an NHS hospital or a private healthcare facility, you can claim if negligence can be proven.
Claims can be made against:
- Doctors
- Nurses
- Surgeons
- Anaesthetists
- Specialists
- Any other healthcare professionals involved
The key is proving that their actions (or inactions) caused the death.
How Much Compensation Could You Receive?
Compensation amounts vary depending on the circumstances.
For the deceased’s suffering, the Judicial College Guidelines (JCG) give an idea of possible amounts:
- Tetraplegia — £396,140 to £493,000
- Paraplegia — £267,340 to £346,890
- Death with full awareness — £15,300 to £29,060
- Immediate unconsciousness, death within a week — £1,680 to £3,410
- Mental anguish — £5,700
When combined with dependency claims, funeral costs, and the bereavement award, total payouts in complex cases can exceed £500,000.
Remember, these are only guidelines — your solicitor will assess your case individually.
Realistic Examples of Negligence Leading to Death
Here are a few situations where a hospital negligence claim could arise:
- A patient shows clear signs of sepsis, but staff fail to act quickly — the infection spreads and causes death.
- A surgeon accidentally cuts a major blood vessel during an operation, leading to fatal blood loss.
- A nurse gives the wrong medication dosage, causing a fatal overdose.
- A cancer diagnosis is delayed because test results were not reviewed in time, meaning treatment starts too late.
NHS Statistics on Fatal Negligence Claims
According to NHS Resolution, in the year 2023–2024 the NHS paid over £101 million in damages for fatal negligence claims. The most common causes were:
- Delays or failures in treatment (289 claims).
- Delays or failures in diagnosis (176 claims).
- Inadequate nursing care (65 claims).
- Delays in hospital referrals (55 claims).
- Medication errors (38 claims).
This shows that while these cases are not common compared to the total number of patients treated, they do happen — and families can take legal action.
The Role of a Solicitor
Claiming for death by hospital negligence is a sensitive and complex process. Having a solicitor on your side can make it easier to:
- Gather the right evidence.
- Prove negligence and its link to death.
- Calculate the full value of your claim.
- Meet deadlines and follow court procedures.
- Negotiate for the best possible settlement.
Many specialist solicitors offer No Win No Fee agreements.
What is “No Win No Fee”?
A No Win No Fee arrangement (also called a Conditional Fee Agreement) means:
- You don’t pay anything upfront.
- You don’t pay anything during the claim.
- If your claim is unsuccessful, you don’t pay your solicitor’s fees.
- If you win, your solicitor takes a success fee from your compensation (capped by law).
This can give you the confidence to pursue a claim without worrying about legal costs.
Steps to Take if You Think You Have a Claim
If you are considering making a claim, here’s what to do:
- Get legal advice early — speak to a medical negligence solicitor as soon as possible.
- Collect documents — medical records, death certificate, test results.
- Note down events — write a timeline of what happened, including symptoms, treatments, and conversations with staff.
- Attend the inquest — if there is one, as this can provide valuable evidence.
- Look after yourself — this process can be emotionally draining, so ensure you have support.
Common Concerns About Making a Claim
Will this take money away from patient care?
Compensation is usually paid from insurance or NHS Resolution funds, not directly from hospital budgets.
Will it be stressful?
A good solicitor will handle most of the process for you and keep you updated in plain language.
What if I can’t prove negligence?
An initial consultation will help assess whether you have enough evidence before moving forward.
Final Thoughts
No amount of money can make up for losing someone you love. However, making a claim for death caused by hospital negligence can bring:
- A sense of justice and accountability.
- Financial stability for those left behind.
- Changes in procedures that may prevent future harm.
If you think negligence played a part in your loved one’s death, it’s worth seeking legal advice as soon as possible. You may have more rights than you realise, and the law is there to protect patients and their families.
