Experienced Wrongful Death Claims Solicitors in Manchester & Oldham
Fatal negligence cases are legally and emotionally complex. They involve a detailed investigation into medical records, often spanning multiple departments and healthcare providers. Establishing that death was avoidable requires specialist expertise.
Our clinical negligence solicitors have represented families in wrongful death claims against NHS Trusts and private hospitals across the UK. We instruct independent medical experts to review the care provided and give clear opinions on whether it fell below acceptable standards.
For a free, confidential and no-obligation consultation, call us on 0161 665 3502, email [email protected] or complete our contact form.
When Does Death Due to Negligence Become a Valid Claim?
Not every death following medical treatment amounts to negligence. Some patients die despite receiving appropriate care. Others have conditions so advanced that the outcome was inevitable regardless of intervention.
However, a fatal medical negligence claim is valid when a healthcare professional's failure to meet the expected standard of competence directly caused or materially contributed to death.
You may be eligible to claim compensation if:
- A diagnosis was missed or delayed, allowing a treatable condition to become fatal
- Symptoms were dismissed or misinterpreted, delaying urgent treatment
- Surgical errors caused fatal complications
- Post-operative monitoring was inadequate, and warning signs were missed
- Medication errors occurred, including wrong drugs, wrong doses, or dangerous interactions
- Discharge was premature, and the patient deteriorated without proper follow-up
- Mental health care was inadequate, contributing to suicide
Types of Fatal Medical Negligence Claims
Our team handles a broad range of wrongful death claims, including but not limited to:
Delayed or Missed Diagnosis
When serious conditions go undetected, patients lose the chance of effective treatment. Fatal claims often arise from:
- Cancer misdiagnosis or delayed referral, allowing the disease to progress to an untreatable stage
- Heart attack symptoms dismissed as indigestion, anxiety or muscle pain
- Meningitis mistaken for flu or viral infection
- Sepsis warning signs ignored, delaying life-saving antibiotics
- Pulmonary embolism missed despite clear risk factors
Surgical and Procedural Deaths
Surgery carries inherent risks, but families may have grounds to claim when:
- Fatal bleeding or organ damage occurred during a procedure
- Post-operative complications, such as infection or blood clots, were not identified promptly
- Anaesthetic errors caused cardiac arrest or oxygen deprivation
- The wrong procedure was performed, or the wrong site was operated on
Hospital-Acquired Infections
Infections contracted in hospitals can be fatal, particularly for vulnerable patients. Claims arise when:
- Basic hygiene protocols were not followed
- Catheters, cannulas or surgical wounds were not properly managed
- Sepsis developed and was not treated within the critical window
Mental Health Negligence Leading to Death
Failures in psychiatric care can have fatal consequences. Claims may involve:
- Inadequate risk assessment before discharge
- Failure to establish an appropriate care plan
- Poor monitoring of patients known to be at risk of self-harm
- Delayed or incorrect diagnosis of psychiatric conditions
Care Home Negligence
Elderly and vulnerable residents are entitled to safe, competent care. Fatal claims arise from:
- Falls caused by inadequate supervision or unsafe environments
- Pressure sores that became infected due to neglect
- Medication errors
- Failure to recognise and respond to deteriorating health
Maternity Deaths
The death of a mother during or after childbirth is rare but often preventable. Claims may involve:
- Uncontrolled post-partum haemorrhage
- Pre-eclampsia or eclampsia not managed appropriately
- Delayed emergency caesarean section
- Failure to recognise signs of maternal sepsis
Case Study: Mental Health Negligence Resulting in Death
Settlement: 2024
Mrs B brought a claim on behalf of the Estate of her son, Mr M, who took his own life following failures in his psychiatric care.
Mr M exhibited clear signs of deteriorating mental health, but the Trust failed to recognise them. He was negligently discharged without an adequate care plan. This failure led to his arrest and imprisonment, which significantly worsened his condition.
After a period of treatment, he was discharged again. The Trust failed to arrange follow-up appointments or monitor his progress. Mr M's condition deteriorated, and he died.
Expert evidence from a Consultant Psychiatrist confirmed that the Trust's failures constituted a breach of duty and caused Mr M's death.
Garratts Solicitors secured £22,000 in compensation for Mrs B.
Read the full case study here.
Who Can Bring a Fatal Medical Negligence Claim?
Under the Law Reform (Miscellaneous Provisions) Act 1934 and the Fatal Accidents Act 1976, certain people can bring a claim following a death caused by negligence.
A claim on behalf of the Estate compensates for the deceased's pain and suffering before death, along with any financial losses they incurred. This is typically brought by the executor or administrator of the Estate.
A claim under the Fatal Accidents Act compensates dependants for their own financial losses resulting from the death. Eligible claimants include spouses, civil partners, children, and in some cases, cohabiting partners and parents.
The law in this area is technical. We'll advise you on who should bring the claim and what heads of loss apply.
Certain eligible claimants may also receive a bereavement award under the Fatal Accidents Act. This is a fixed statutory sum, currently £15,120 (for deaths on or after 1 May 2020). This is a fixed statutory sum that recognises the loss itself, rather than financial dependency. It's only available to:
- Spouses or civil partners
- Cohabitants who live together as spouses for at least two years immediately before the death
- Parents of unmarried children under 18, or parents where a stillborn child died after 24 weeks of pregnancy (if the death occurred after 13 May 2020)
How to Prove Your Claim
To succeed in a fatal medical negligence claim, two legal tests must be met:
- Breach of duty: We must show that the treatment provided fell below the standard expected of a reasonably competent healthcare professional in that field.
- Causation: We must show that this failure caused or materially contributed to the death. In some cases, we must prove that the deceased lost a real and substantial chance of survival.
We obtain reports from independent medical experts who analyse the records and provide objective opinions on whether the care was negligent and whether it caused the death.
How to Fund Your Claim
We believe that access to justice shouldn't depend on your financial situation.
No Win No Fee (Conditional Fee Agreement)
The majority of our fatal negligence claims are funded in this way:
- No upfront legal costs to start your claim
- If you lose, you don't pay our legal fees
- If you win, a success fee is deducted from your compensation. This is capped and agreed in advance
We'll also check whether the deceased had legal expenses insurance, often attached to home or motor policies, which might help fund the case.
Frequently Asked Questions
What happens when I first contact you?
We start with a free, confidential conversation about what happened. You'll speak directly with a clinical negligence solicitor who'll ask about the treatment your loved one received, the timeline of events, and how their death has affected you and your family.
We'll give you an honest view of whether there may be grounds for a claim. There's no pressure and no obligation.
How long will my claim take?
Fatal negligence claims are complex and often take two to four years to resolve. Establishing liability requires detailed expert evidence. We also need to understand the full financial impact of the death on dependants before settlement can be considered.
We'll keep you informed throughout and only settle when we're confident the compensation reflects your true losses.
I'm not sure if my loved one's death was negligent. Can you still help?
Yes. Most families who contact us don't know whether the death was avoidable. That's precisely what our investigation establishes.
We obtain the medical records and instruct independent experts to review them. Only then can anyone say with confidence whether the care fell below acceptable standards.
What if my loved one died some time ago?
There's generally a three-year time limit to bring a claim, starting from the date of death or the date you first became aware that negligence may have caused it. If your loved one died more than three years ago, contact us anyway. There are exceptions, and we can advise whether your claim is still viable.
Can I claim if there was an inquest?
Yes. An inquest determines how someone died but doesn't assign blame or award compensation. A clinical negligence claim is a separate civil process. Evidence from the inquest may support your claim, but we conduct our own independent investigation.
