Fatal Medical Negligence Claims
Last reviewed: June 2026 · EA Personal Injury Solicitors
If a loved one died because of substandard medical care, such as misdiagnosis, delayed treatment, surgical error or a medication mistake, you may be able to claim on behalf of their estate and as a dependant. These are sensitive, complex claims, and we handle them with compassion and discretion. No win, no fee is available.
TL;DR — Quick Summary
Key Points
- Claims can be brought by the estate and by dependants of the deceased.
- Fatal Accidents Act 1976 claims cover financial and non-financial dependency losses.
- The statutory bereavement award is currently £15,120 (spouse, civil partner, cohabiting partner of two years or more, or parents of an unmarried minor).
- Causation — proving the negligence caused the death — is often the central issue.
- Time limit is three years from the date of death or date of knowledge.
- Compassionate, specialist legal advice is available — free initial enquiry.
Bringing a Fatal Medical Negligence Claim
The loss of a loved one due to what you believe was a preventable medical error is devastating. While no legal claim can undo that loss, it can provide accountability, answers, and financial support for those left behind — and may help prevent similar errors from affecting other patients.
Fatal medical negligence claims are brought under two pieces of legislation:
- Law Reform (Miscellaneous Provisions) Act 1934: Allows the deceased's estate to pursue any cause of action the deceased would have had if they had survived — including pain, suffering, and loss of amenity experienced before death, and any financial losses of the estate.
- Fatal Accidents Act 1976: Allows dependants to claim compensation for the financial and non-financial losses they have suffered as a result of the death — including loss of earnings the deceased would have provided, and the statutory bereavement award.
Who Can Claim?
Under the Fatal Accidents Act 1976, dependants who can claim include:
- Spouse or civil partner
- Former spouse or civil partner (in some circumstances)
- Cohabitee of at least two years
- Children and other lineal descendants
- Parents and other ascendants
- Siblings, aunts and uncles, nieces and nephews
The statutory bereavement award (currently £15,120) is payable only to a spouse or civil partner, a cohabiting partner who lived with the deceased for at least two years before the death (added by the Fatal Accidents Act 1976 (Remedial) Order 2020), or the parents of an unmarried minor child.
The Dependency Claim
The dependency claim represents the financial and non-financial support the deceased would have provided to their dependants over their expected remaining lifetime. This includes:
- Financial dependency — earnings and other income the deceased would have contributed to the household
- Services dependency — the domestic and childcare services the deceased provided
- The bereavement award (where applicable)
- Funeral expenses
Calculating a dependency claim requires assessment of the deceased's age, earning capacity, life expectancy, and the nature of their contribution to the family — often involving actuarial and employment evidence.
Proving Causation
In fatal medical negligence cases, causation is frequently the most difficult issue. You must establish not only that the care was below the required standard, but that it caused the death (or materially contributed to it, or materially shortened the deceased's life). Where the deceased had an underlying condition, the question is what would have happened with correct treatment — a question requiring careful expert evidence from specialists in the relevant field.
The Inquest
Where a death may have been caused by medical negligence, there is often a Coroner's inquest. An inquest does not determine civil liability but can produce important evidence about the circumstances of the death. We can represent families at inquests and ensure that the evidence gathered is preserved and used appropriately in any subsequent civil claim.