Can I make misdiagnosis claim for a family member who has died?

If a family member has died as a consequence of the misdiagnosis or delayed diagnosis of an illness or injury, you may be entitled to compensation. A medical negligence compensation claim will reflect:

1.The pain and suffering of person who has died.

A compensation claim for the injuries suffered by the deceased person before they died is known as a claim for general damages. The amount of general damages would reflect the length and severity of the pain, suffering and for the things they were unable to do (known as ‘loss of amenity’).

2. The impact of the death of a loved one on their family.

This would encompass:

  • The loss of love and affection of a family member
  • A fixed sum for ‘bereavement’. Some family members, such as a spouse or civil partner or the parents of a child under 18, can recover a ‘bereavement award’ which is currently set at £12,980.
  • For loss of financial dependency: Family members have a recognised legal right to seek compensation if there was financial dependency and a relationship with the deceased. The loss of additional benefits such as pensions can also be claimed, as can a sum for the loss of their help around the house.
  • For funeral expenses and any other financial losses.

We can help you with making a claim if you’re the dependent of the person who died and you fall within one of the following categories:

  • Spouse
  • Former spouse (married for at least two years)
  • Cohabitee (living together but not married) of over two years
  • Children
  • Parent

Wrongful death due to medical negligence

The death of a loved one is always painful, but knowing that the death was the result of medical negligence can leave family members angry and confused.

Devonshires Claims has experience in supporting grieving families obtain answers, justice and acknowledgement of the negligent care and treatment of a loved one. Although financial compensation can never replace a family member, our claims experts work hard to ensure that you and your family are provided with financial security.

Our solicitors also provide advice on the best way to deal with a deceased person’s affairs and estate as well as supporting services and charities.

Get in touch

Devonshires Claims
Ground Floor
30 Finsbury Circus
Finsbury, London