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Fatal Medical Negligence Claims

Losing a loved one is a devastating and traumatic event; but what happens if that tragic loss was caused by a failing in care? Sadly, as much as we must trust our medical professionals,  things can go wrong. In this situation compensation is not a windfall but a way to help grieving families.

In amongst the grief of coping with bereavement, those left behind are sometimes faced with unanswered questions over the medical care that their loved one received, and whether that in some way contributed to their death.

This is understandably an incredibly distressing position to be in, and often families will feel they are unable to fully come to terms with what has happened without those questions being addressed. In those circumstances, the family may wish to instruct a solicitor to investigate a potential medical negligence claim.

For a free no-obligation consultation about starting a fatal medical negligence claim in South Wales or further afield, please get in touch.

What will a solicitor do?

In pursuing a potential claim, a solicitor will investigate the treatment the deceased received, and consider whether that treatment caused or contributed to their death. It may have been that there was an avoidable delay in diagnosing an illness that would otherwise have been treatable; that an operation or other treatment was not carried out to an adequate standard, and resulting complications led to the individual tragically passing away; or that the treatment that should have been provided to the individual simply wasn’t carried out.

What is the potential outcome of a fatal medical negligence claim?

Sadly, nothing will ever bring a loved one back. A successful medical negligence claim will only be able to achieve a financial settlement as the ultimate outcome.

It may be that the deceased was the main bread-winner of the family. They may have  been responsible for childcare or the running of the household, meaning that, after their death, worries as to making ends meet add to the considerable burdens on those left behind. A financial settlement can mean that, whilst attempting to come to terms with the gulf left by the loss of a loved one, financial worries can be dealt with without adding to that burden.

In considering financial settlement, a solicitor will consider whether there has been a loss of financial dependency and also whether there has been a loss of services (for example if the deceased carried out childcare or perhaps was a carer for a relative) as well as a claim for the pain and suffering endured by the deceased before their death, funeral expenses and a ‘bereavement award’. This is an award set by law for a surviving spouse or surviving parents of a child aged under 18.


  • Elinor Laidlaw
      • 01792 529 626
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  • Mei Li
      • Mei Li
      • Director & Head of Catastrophic Injury
      • 01792 529 615
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  • Nick O'Neill
      • 02920 391917
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  • Matthew Owen
      • 01792 529 683
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  • Lauren Protheroe
      • 01792 525415
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  • Thomas Rees
      • 01267 248889
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  • Keith Thomas
      • 03333 209244
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  • Samuel Barnes
      • 01792 525454
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  • Clare Rees
      • 01792 529 676
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  • Cheryl Smith
      • 02920 379561
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  • Sam Bateman
      • 01792 529 636
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  • Gethin John
      • 01792 529688
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  • Marnie Novis
      • 01792 529699
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Is there a time limit for fatal medical negligence claims?

It is important, if a medical negligence claim is being considered, that it is not left too late to pursue a potential claim as there are time limits which can prevent a claim from being pursued if those periods have expired.

You will typically have 3 years from the date of death to pursue a claim for  medical negligence.

How do I know which solicitor I should choose?

Choosing the right solicitor in cases such as these is of course of the upmost importance. It is vital that the solicitor has the expertise and experience to investigate your case fully and appropriately, but also to act empathetically in what is understandably an incredibly difficult time for those who have lost someone they love. We are members of both the Law Society and Association of Personal Injury Lawyers who run clinical negligence accreditation schemes. The Schemes  only award their marks of quality assurance to firms that meet their independent and objective standards.

Who can make a claim for a death due to medical negligence?

Only close relatives and dependants of the deceased will usually be eligible to make a claim for fatal medical negligence. This includes:

  • A spouse or civil partner
  • Children
  • Parents
  • Anyone else normally dependent on the deceased, either financially or in other practical ways, such as where the deceased was acting as their carer

If you are unsure whether you are eligible to make a claim, we will be happy to advise you.

No win, no fee fatal medical negligence claims

We generally offer our services for medical negligence claims on a no win, no fee basis, also known as a ‘conditional fee agreement’. This means there is normally no upfront cost for you to pursue a claim, with our fees only being payable if we secure compensation for you.

We offer a free initial consultation to discuss your case where we will explain how our fees works and ensure you have all the information you need to make an informed decision about moving forward with your claim.

Why use our fatal medical negligence solicitors in South Wales?

We understand how daunting these types of claims can be at an already difficult time, so aim to provide the clear, compassionate guidance you need to achieve a fair settlement as simply and with as little stress as possible.

With decades of experience in fatal medical negligence claims, we can offer the specialist expertise needed to secure the best available outcome for even the most complex and contentious claims. Our strong track record of success has led to JCP Solicitors being recognised as one of the top personal injury firms in South Wales.

Our team are accredited by the Law Society for Clinical Negligence, reflecting the high standards of our legal expertise and services in this specialist area.

There are a number of Welsh speakers across our team, so we are happy to work with you in either English or Welsh to make sure we can always clearly answer your questions and effectively communicate everything you need to know in your language.

We have local offices covering the whole of South Wales, East Wales and West Wales in Cardiff, Swansea, Caerphilly, Carmarthen, Cowbridge, Fishguard, Haverfordwest and St Davids.

Start a fatal medical negligence compensation claim in South Wales

Get in touch with our fatal medical negligence claims lawyers in South Wales now by contacting your local JCP office.

The ‘excellent and thoughtful’ Keith Thomas and Matthew Owen have a very strong reputation in the market and ‘can be trusted to produce good results in difficult high-value cases, such as those involving birth injuries’. Owen is also noted for his expertise in handling catastrophic brain injury work along with the ‘very capable’ Mei Li.
Legal 500 2017 Edition