Can I make a medical negligence claim on behalf of the deceased?

When someone dies as a result of medical negligence, a claim can be brought on behalf of the deceased’s estate for your loss and for any pain and suffering that your loved one may have endured.

Claims brought on behalf of the estate

The administrator or executor of the estate is able to claim compensation for the deceased’s pain and suffering. You will require proof that you have a right to bring a claim on behalf of the estate, such as grant of probate if someone dies with a will in place, or letters of administration if someone dies without a will. These documents recognise that you have official permission to bring a claim.

Those bringing a claim as executors or administrators of the estate can claim for the following:

• general damages for pain and suffering endured by the deceased, prior to their death
• financial losses of behalf of estate (including probate fees)
• funeral expenses.

Claims brought on behalf of family members

The family members of the deceased may also have a right to bring a claim for their own losses that occurred as a result of the death. Those entitled to claim must have had a financial dependency and relationship with the person that died.

The family members are also entitled to claim a ‘bereavement award’ when the deceased is either a spouse, civil partner or a child under the age of 18. Family members are also entitled to seek the following as a result of the deceased’s death:

• dependency award – financial
• dependency award – services
• loss of consortium.