Fatal injury claims involving medical negligence

At Penningtons Manches Cooper, our medical negligence team has extensive experience in fatal injury claims involving medical errors. We recognise that for families, the death of a loved one under these circumstances brings profound grief and unanswered questions. Our role is to help guide individuals through the legal process sensitively, offering clarity and support at every step.

Specialist legal advice for fatal injury compensation claims

Fatal medical negligence claims arise when a patient dies as a result of avoidable failings in care. These may include delayed or missed medical diagnoses, a failure to act on deteriorating symptoms, or inadequate post-operative monitoring. In some cases, the patient may have survived with timely and appropriate intervention. In others, the failure to diagnose a progressive or terminal condition may have negatively affected their life expectancy. We support grieving families with legal advice and practical assistance in navigating the process of claiming compensation, often including advice on and representation at inquests.

We act in a wide range of fatal injury claims, including those involving delayed diagnosis of cancer and cardiac conditions, missed signs of stroke or pulmonary embolism, and failure to act on surgical complications. Our fatal accident solicitors also support families following fatal injuries caused by hospital falls, medication errors, or failures to monitor a patient’s declining health.

For many families, fatal injury compensation claims are about more than just the compensation itself. Often, there is a desire for acknowledgement, transparency, and reassurance that lessons will be learned. We work with clients to understand their aims – whether that’s securing financial support, initiating a complaint, or seeking representation at an inquest. We are experienced in offering expert support for cases involving complex medical negligence.

Compensation following fatal accidents is highly dependent on the individual circumstances. Claims brought on behalf of the deceased person’s estate may include compensation for pain and suffering, medical costs, or financial loss prior to death. Partners and family members may also be eligible to claim compensation in the form of a statutory bereavement award, funeral expenses, or a dependency claim covering income and domestic support lost as a result of the loved one’s death. The amount of compensation awarded will vary and is assessed according to the financial impact, evidence available, and applicable provisions under the Fatal Accidents Act.

They are really excellent… They treat every case with the thoroughness and skill it deserves.

Our solicitors advise clearly on what can be claimed, how the fatal accident claims process works, and what time limit applies. We also explain the financial basis for each claim, including the availability of conditional fee agreements (no win, no fee), interim payments, and support in managing legal costs where needed, as well as obtaining the evidence required to pursue and value such claims.

If you are considering a claim for fatal injury caused by medical negligence, our specialist team can talk through your options and provide legal support tailored to your situation.

How we help our clients

Advice on fatal injury claims involving medical negligence, delayed diagnosis, or inadequate care

Guidance on fatal accident compensation, including claims under the Fatal Accidents Act

Support with inquests and complaints procedures alongside the legal claim

Help assessing eligibility for bereavement damages, funeral expenses, and dependency claims

Clear explanations of how much compensation may be available and the time limits that apply

Assistance with interim payments and managing financial risk during the claims process

Support in reviewing medical records, witness statements, and gathering all the evidence required

Representation throughout the fatal accident claims process, including in court proceedings if required

Useful resources

Making a medical negligence claim

Funding a medical negligence claim

They have genuine strength in depth and are really down to earth, committed, and true specialists in their field.

The team were extremely professional and competent and I always felt that my case was in very good hands. Above this, however, I appreciated their kind and sympathetic manner through the process.

First class: professional, friendly, sensitive and ultimately successful! Thank you so much.

I felt that my solicitor was really fighting for what she thought I deserved. She was a great match. Her advice was important to me.

Everyone at Penningtons has always treated me with respect and compassion and done their best to help with my situation. I feel the whole team really have my best interests at heart.

Recent work highlights

Brain injury caused by ambulance crew

Pursuing a claim for an elderly man who was dropped by the ambulance crew while being taken to hospital causing an acute subdural haemorrhage. The crew failed to inform anyone and he died before surgery.

Fatal delay in diagnosing ovarian cancer

Achieving a damages award after a woman in her early forties tragically died when a malignant ovarian cyst was not diagnosed for over eight months, during which time the cancer spread despite major surgery and five courses of chemotherapy.

Failure to resuscitate and operate properly

Investigating the case of an elderly patient in hospital with a known bowel obstruction. She collapsed and subsequently died after the hospital failed to resuscitate her as an emergency and performed the wrong operation for her condition.

Tragic loss due to cardiac misdiagnosis

Successfully pursuing a claim for a widower whose wife died following her GP’s failure to recognise the symptoms of unstable angina or acute myocardial infarction and sent her home with a diagnosis of gastritis.

Missed opportunity to prevent haemorrhage

Acting for a father following the death of his wife due to a hospital’s failure to identify a sub arachnoid haemorrhage in time to prevent further fatal bleeding. Accurate CT scan reporting should have led to the diagnosis being made.

Baby’s death due to placental abruption

Settling a claim over the inadequate maternity care provided to a pregnant woman with a history of miscarriages when she experienced contractions and back pain at 34 weeks. Her daughter was stillborn after an episode of fetal bradycardia.

Case studies

Acting upon personal recommendation from a leading medical negligence barrister, our client instructed us to investigate a claim relating to the death of her husband after he suffered a head injury at home.

This case involved a claim against The Royal Surrey County Hospital NHS Foundation Trust for a client whose husband died following a fall in hospital. The trust repeatedly failed to adequately carry out falls risk assessments.

We have recently achieved a settlement for our client, whose husband sadly passed away as a result of severe diabetic ketoacidosis. He began suffering with back pain which became so acute that he could not get out of bed.

A woman suffered a catastrophic brain injury after an NHS trust failed to administer life-saving treatment while she was under its care. She was left severely disabled and later died.

We have acted in a number of cases where administrative errors and oversights have resulted in delays in diagnosing and treating patients, some with tragic consequences. In one case, a client attended his GP with a suspected malignant melanoma. His test results were subsequently misfiled.