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Can I claim on behalf of a family member who died as a result of medical negligence?

You need to be able to prove that your family member would not have died if they had not received sub-standard medical treatment. If your family member was already suffering from an illness likely to shorten their life, this may reduce the amount of compensation that would be awarded.

If you can prove negligence and you are a surviving spouse, civil partner or a parent who has lost their child (up to 18 years old) you will be eligible to claim a bereavement award through the deceased’s estate. The bereavement award currently stands at £12,980. Funeral costs can also be claimed.

The deceased’s estate is also entitled to claim compensation for any pain and suffering experienced by the deceased that was caused by the medical negligence.

Lastly, a dependency claim can be made. The purpose of this part of the claim is to ensure that your family is not financially worse off following the death. This can be substantial, for example if you have lost a spouse whose earnings you depended on.

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