How is a delayed diagnosis claim resulting in death calculated?

[123ROLO]

I am not directly involved in the matter, however the deceased is very close to me, as is their widower.

It’s been about 18 months since everything occurred, and they are looking to start the legal proceedings.

I don’t want to go into too much detail, but I have been advised that liability and causation will be almost non disputable, both by the solicitors who has gone over the case provisionally and we have also sought some informal advice from expert medical practitioners in the field who have said that is an obvious failing which if did not occur, they would have had a good prognosis.

They have asked me for advice, as a few years ago I worked with some medical negligence cases regarding their rehabilitation, so have some insight into how those cases are calculated. But I have not had any experience where the person died.

For a little bit of context, she was 53, had a decent job, adult children, healthy and active lifestyle. It is a delayed cancer diagnosis case, with the strong likely hood that had she been diagnosed when she should have been she would have had a significantly increased prognosis.

Please no comments on “are you sure it was negligence” – yes, we are. We are very fair, understand human error occurs, understand that there are justified reasons for delays, understand that some symptoms can be ambiguous. This is not a case of that. Believe me, there are no ifs and but’s.

And no “what do you expect to achieve” – I won’t be benefiting financially, but I want it to be fought and won. A world where there are no repercussions for poor treatment would put so many people’s lives at risk. A preventable death occurred, a death that would not have happened if the GP adhered to guidelines. They will never get that life back, and their lives are never going to be the same again, if they can get at least some financial security from this, they deserve it.

I am obviously not asking how much it is worth, as I know every scenario is different. But what are some of the factors they consider when working out something like this?

I am also not asking to get an idea of the settlement amount, more so that we want to be prepared as possible for what kind of questions/information they will want.

Do the solicitors you've instructed not know that given that it's such a clear cut case?

It depends on a lot of complex factors.

Assuming that negligence is proven and that it was the cause of her death, there would be a bereavement award, which is not a huge sum, 15-20k.
They would consider what the outcome is likely to have been had the negligence not occurred. They will then award a sum to compensate for any additional pain, suffering and loss of amenity that was as a result of the negligence. Rough ball park based on what you've said of 80k.
There are financial losses that can be claimed such as funeral costs, lost earnings, care, medical expenses, travel expenses and various other bits and bobs the solicitor will be able to advise on.

A lot of people think that if negligence results in death then the claim is worth millions but that's rarely the case.

I would crack on and get solicitors instructed ASAP. The 3 year limit will be here in a flash and these things can take a long time to prepare.

@RedHelenB

Its very early days, as in we have only just received a response from the initial complaint. We spoke to three solicitors provisionally who have expressed a keenness to progress with it but no conversations about what to expect have taken place

@Oysterbabe

Thank you, that is helpful

Info know someone that got paid out £million+ but he'd been a healthy man with a young family when he died so I assume that got taken into account with the payment, plus the issues were with wrong diagnosis and surgery.

Yes, the young family makes a big difference. If you're the provider for dependants then it'll be a lot more.

Yes, no dependents, she had two adult children.

I’m in exactly the same position except it was my DH. (Misdiagnosed- had three separate opportunities when it was curable by operable (keyhole) but by the time it was found was terminal) my house insurance legal cover are dealing with the case.

@notapizzaeater

So sorry to hear that. I hope everything progresses smoothly as it can for you.

The frustration of knowing it was preventable is unbearable.

I understand the NHS are under pressure, but I feel so many of these cases are just down to sheer complacency.