Compensation for Death during Operation in NHS Hospital
What is involved with claiming compensation for death during operation in NHS hospital for my husband who died three months ago?
In order to claim compensation for death during operation in NHS hospital I would suggest that the first thing you should do is get in touch with a personal injury claims solicitor with experience in dealing with death in NHS hospital claims. Not only will he or she be able to provide you with more specific information than I will be able to here after you inform them of the specific circumstances of your husband’s death, but they will do so in a sensitive manner that will put your mind at ease over the claims process, which could potentially be a stressful undertaking during such a delicate time.
In order to establish who was negligent, your solicitor will contact the medical team involved in your husband’s death due to an operation. Your solicitor will obtain all relevant medical notes and present these to an independent medical expert. The medical expert will use these notes to determine whether or not your husband’s death could have been avoided had alternative actions been taken and if your husband still would have died had another competent medical professional had been involved in his operation.
If the medical expert concludes that negligence did occur during surgery then your solicitor will proceed to send a letter of claim to whoever can be considered the negligent party. Once the party who can be deemed as being responsible for your husband’s death admits liability, then your solicitor can begin negotiating the value of your compensation for death during operation in NHS hospital claim with the NHS medical insurance company.
It is possible to claim for a variety of areas when claiming for death due to operation. Your solicitor will be able to advise you of these areas when you meet with them. For instance, if you or any children you may have were dependent on the financial support that your husband provided, then you could be entitled to dependency claim, once you are able to establish this. Only a particular percentage of your husband’s earnings will be covered, however, because it is likely that he will have used some of his own earnings for personal business.
Additionally, you could initiate a bereavement claim against the NHS for your husband’s death which is an entirely separate area of claim to dependency claims. In accordance with the Fatal Accidents Act in 1976 there is a set amount of £11,800 that can be claimed by relatives of someone who died due to medical negligence. The Fatal Accidents Act also imposes a limit on the amount of time you have to claim for the death of a relative to three years, which generally begins either on the date of death or the date that the cause of death is known.
The information provided here is a general overview of what is involved in pursuing a death in NHS hospital claim following the death of a loved one, it is not a substitute to the information a claims solicitor with knowledge of your husband’s situation will be able to give you. Therefore it is advisable that you consult with one at the first possible moment to discuss claiming compensation for death during operation in NHS hospital.