Death Due to Medical Negligence | Howells Solicitors
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Death Due to Medical Negligence

Making a Wrongful Death Claim

If a death has occurred because of professional or medical negligence, and could’ve been prevented, it is a wrongful death. A wrongful death claim can potentially be brought by the surviving members of the victim’s family, or Executor of their Estate.

Death in Hospital, Care Homes, or at Home Following Treatment


When a wrongful death occurs due to medical negligence, it is a tragedy. It is always left to family and friends to try to sort out their finances, plan for the funeral and attempt to move on with their lives.

Claims can arise in a variety of different medical settings including death in hospital, care homes, and even at home following medical treatment.

You are also able to claim the funeral costs. In most circumstances, you are also able to seek compensation for yours and your family’s grief and suffering.

When to Make a Death Due to Medical Negligence Claim


Our Medical Negligence team can support you with your wrongful death claim and they have experience dealing with difficult and complicated cases.

You may be able to make a death due to medical negligence claim if you are the surviving spouse, civil partner, next of kin or parent of a child under the age of 18 for the loses caused by the wrongful death which can include:

  • A statutory bereavement award if the claim is made by a surviving spouse or a parent on behalf of a child under the age 18
  • Compensation for any pain and suffering that could have been avoided
  • Funeral expenses
  • Loss of love and affection
  • Loss of financial dependency including loss of earnings and/or pension
  • Loss of services provided such as care, home maintenance etc

There may also be a claim for other losses that will would need to be considered depending on the individual circumstances of the claim.

Why Choose us for a Wrongful Death claim?


We will advise on the merits of every wrongful death claim brought to us, and regardless of its size, complexity or impact, we’ll give each one the care and attention it deserves.

We appreciate that worry about costs can be a barrier to getting professional help – don’t let it stop you. If we believe you have a claim, then we can potentially pursue it via one of a number of funding options or fee arrangements such as ‘no win, no fee’.

If you choose us to look after your claim, we will look after you, as here at Howells we are committed to:

  • Earning the maximum possible compensation settlement for clients
  • Removing any fear, worry or mystery about the legal process and communicating regularly, openly and sensitively
  • Remaining a strong, staunch and tireless advocate for your right

Free Drop in Sessions for Death Due to Medical Negligence


We run free drop in sessions for new wrongful death claim clients every week, with no appointment necessary:

  • Sheffield Office – Tuesday 10am – 4pm
  • Barnsley Office – Wednesday 10am – 4pm
  • Rotherham Office – Thursday 10am – 4pm

By telephone; We also hold free 30 minute telephone consultations – just call 0114 2496723 on Tuesday or Thursday 2pm – 5pm (for any office).

Death Due to Medical Negligence FAQs

Can you Sue the NHS for Wrongful Death?

Yes, you can sue the NHS for death on behalf of the estate of the deceased.

How Long Do You Have to Make a Wrongful Death Claim?

Generally, the claim must be filed within three years of the death, however, the sooner you file the claim the better. 

How Much Compensation Could I Get for a Death Due to Medical Negligence Claim?

The amount of compensation will vary from case to case and depend on a variety of factors. This includes the level of pain and suffering experienced by the deceased, and the financial impact on the surviving family members.

Medical Negligence Articles

The Team

Our Medical Negligence team, headed up by the highly rated Michelle Gyte, is a specialist practice group driven hard by their belief that everyone is entitled to access to justice.

Professionally, this is a group of highly skilled, very diligent medical negligence lawyers who scrutinise every aspect of a claim, and represent their clients tirelessly. Very simply, they want to give people the best possible chance of continuing their lives with the requisite financial and medical support.

Personally, they are down to earth, friendly and approachable people whom you can talk to and confide in. They’ve seen most things and understand how these traumatic incidents can devastate lives, gauging the true cost of the physical, psychological and emotional damage sustained. They will listen and encourage and then use their technical skills to translate everything that they’ve heard and felt into positive action for you.


“You have made a very fortunate choice of legal representation who have done a fantastic job of persuading the Defendants to part with a large sum of money. I am certain that no legal team could have done better.” His Honour Judge Robinson, Medical Negligence Case, 2021 talking of the Howells team.

Chambers UK

The prestigious Chambers UK 2022 guide ranks the department highly and says Howells is a “noteworthy team offering a broad range of clinical negligence advice to clients, including related human rights claims. Further experience in claims concerning issues surrounding failures in hospital care, including severe birth injuries and delayed diagnoses. Also acts on spinal injury claims, amputations and fatal accidents. The department possesses significant experience in medical inquests.”

“They go the extra mile for the client and are highly efficient.”

Michele Gyte is named as a Star Associate in this area of law and that she is “A very good lawyer – technical, conscientious and hard-working.”

Legal 500

The Legal 500 2022 recommends Howells Clinical Negligence department, saying “Michelle Gyte directs the clinical negligence offering at Howells Solicitors. A specialist in birth injury and fatal accidents, she oversees a team notable for its expertise in niche areas such as prison healthcare, inquests and the interests of secondary victims. Notably the firm also covers matters arising from mental health care, purported violations of the Human Rights Act and supports families during inquests linked to the coronial process.”

Jenna Kisala is also named as a key lawyer in this field.

Jenna Kisala

0114 249 6754
Michelle Gyte

0114 249 6695
Amy Fiddler

0114 249 6673
Rebecca Pepper

0114 249 6712
Sasha Marshall-Congreve

0114 249 6706