These types of compensation claims are often complex because although it can be relatively simple to prove misdiagnosis or late diagnosis, showing the causal link between the diagnosis and personal injury or worsening of the condition can be challenging.

In many cases, we will instruct expert witnesses to help the Court with deciding on whether the late diagnosis or misdiagnosis caused you to suffer damage and your prognosis and future needs.

Tragically, misdiagnosis or late diagnosis can lead to a patient’s death. If this has happened to your loved one, you may be able to make a medical negligence claim under the Fatal Accidents Act 1976 if you are a ‘dependent’ person, defined as:

• The spouse of the deceased
• In limited circumstances, a former spouse of the deceased
• A partner of the deceased (who had been living with the deceased for at least two years immediately prior to death)
• A child of the deceased
• A parent of the deceased
• A brother, sister, aunt, uncle, niece, nephew or cousin of the deceased
• Any other person who was considered by the deceased as a child of the family

You can claim for the following under the Fatal Accidents Act 1976:

• Funeral expenses.
• Bereavement damages (a maximum lump sum of £15,120)
• Loss of income and services (for example gardening, housework, childcare etc) dependency.

Executors of a deceased person’s estate can also bring a claim for medical negligence under the Law Reform (Miscellaneous Provisions) Act 1934 on behalf of the beneficiaries of a Will.

If your loved one has died because of medical negligence, we understand how hard it is to bring a compensation claim. We will do everything we can to support you and ensure you get the compensation you need.

Your compensation award will depend on the extent of the medical negligence, the harm you suffered, and your prognosis and future needs.

Medical negligence compensation awards are split into two categories:

General Damages

This is to compensate you for the pain, suffering, and loss of life enjoyment caused by the medical negligence. It also compensates you for loss of future earnings if you are unable to continue working. As well as income, it can cover the loss of pension contributions, and any other workplace benefits you may have been entitled to.

Special Damages

This is awarded to compensate you for financial expenses and losses you have incurred, or will incur, directly due to medical negligence. Examples include parking charges at the hospital, private treatment costs, counselling fees, and travel expenses.

Our experience means we can calculate and justify comprehensive compensation awards that will ensure you get the funds you need to rebuild your life.

If we can help you bring a compensation claim, we can represent you under a No Win, No Fee Agreement. This means that you will not pay legal fees if your claim is unsuccessful. We can further minimise your risk by organising After The Event Insurance which will pay any expenses related to your case such as expert witness fees and the other side’s costs if you lose your claim.

If you win your case, the other side is likely to be ordered to pay most of your legal costs and our legal fees. We will take a success fee in recognition of taking on the risk of your claim, and the percentage will be agreed in advance.

You can be completely confident that there are no hidden costs. As an SRA regulated law firm, we have a legal duty to be fully transparent with you regarding how much you will pay.

Let us advise and represent you on your medical negligence claim. You can trust that we will always be on your side, protecting your best interests, and working tirelessly to get you the compensation you need.

Contact us on 0333 123 1331 or fill in our contact form and we will get back to you as quickly as possible.