How long do you have to make a medical negligence claim?
In many cases the standard limitation period is three years, but the point at which those three years begin can vary and important exceptions may apply.
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Specialist claims
Fatal Medical Negligence Claims & Inquests
When someone dies following medical care, families may want an explanation and advice about whether the death could have been avoided. A legal review can consider the treatment, its possible contribution to the death and whether an estate or eligible dependant may have a claim.
SRA regulated solicitorsConfidential initial enquiryEvidence-led assessment
Quick check
Could this apply to you?
1
A serious condition not diagnosed or treated in time
2
Failure to respond to deterioration in hospital
3
Medication, surgery or anaesthetic concerns preceding a death
Last updated 7 October 2026
Understanding the claim
When might a claim be investigated?
A poor outcome alone does not prove negligence. The investigation considers what a reasonably competent healthcare professional should have done and whether any failure made a material difference to the outcome.
A serious condition not diagnosed or treated in time
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
Failure to respond to deterioration in hospital
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
Medication, surgery or anaesthetic concerns preceding a death
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
Problems with discharge, escalation or continuity of care
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
Concerns raised in a hospital investigation or coroner’s evidence
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
A possible failure in care that shortened a person’s life
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
An inquest and a civil claim have different purposes
In England and Wales, an inquest is a coroner’s fact-finding process concerning a death. It does not award compensation or determine civil liability. A clinical negligence claim is a separate process requiring evidence of a breach of duty and the necessary causal link.
Evidence from an inquest may be relevant to a claim, but an inquest conclusion does not automatically establish negligence. Not every death following treatment leads to an inquest. Ask about the scope and funding of any inquest support before assuming representation is included.
Who may be able to bring a claim?
The correct claimant depends on the circumstances. There may be a claim on behalf of the estate and, where legal requirements are met, a separate claim for qualifying dependants. Being a relative does not automatically establish entitlement to every type of damages.
The legal team will need to consider authority to act, any grant of representation, the relationship to the person who died and the financial or practical support they provided. You can enquire before you have assembled all of these documents.
Taking the first step at a difficult time
A short account of what happened, the date of death and any forthcoming inquest dates is enough to begin a conversation. You do not need to decide whether a particular clinician was at fault.
Time limits following a death can be complex. Seek advice promptly rather than waiting for an inquest, complaint or hospital investigation to finish. Making an enquiry does not stop time running or confirm that the firm has agreed to act.
Evidence
What evidence may help?
Relevant evidence depends on the circumstances. Common sources include:
01
Medical records and a chronology of care
The evidence is considered alongside the chronology and appropriate independent expert opinion.
02
Death certificate and any post-mortem evidence
The evidence is considered alongside the chronology and appropriate independent expert opinion.
03
Relevant investigation reports and inquest documents
The evidence is considered alongside the chronology and appropriate independent expert opinion.
04
Expert causation evidence and estate or dependency information
The evidence is considered alongside the chronology and appropriate independent expert opinion.
The process
What happens after an initial enquiry
- 01
Initial enquiry
Tell us what happened, when the treatment took place and how you were affected.
- 02
Early assessment
The key facts, limitation position and whether further investigation may be appropriate are considered.
- 03
Records & evidence
Relevant medical records, chronology and evidence of any financial losses may be obtained.
- 04
Expert review
Appropriate independent experts may address breach of duty, causation, condition and prognosis.
- 05
Claim & negotiation
Where the evidence supports a claim, the relevant defendant can be notified and liability or settlement discussed.
- 06
Resolution
The matter may conclude by agreement or, where necessary, through the court process.
Compensation
What can compensation take into account?
Where liability and entitlement are established, different rules apply to estate and dependant claims. The available heads of loss depend on the circumstances and evidence; an inquest itself cannot award compensation.
- The deceased person’s injury and losses before death, where recoverable by the estate
- Financial dependency and loss of services for qualifying dependants
- Reasonable funeral expenses where legally recoverable
- A statutory bereavement award only for those who meet the applicable eligibility rules
- Other recoverable losses assessed on the individual facts
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Tell us what happened.
Questions answered
Fatal Medical Negligence & Inquests FAQs
Does an inquest decide whether I receive compensation?
No. Compensation requires a separate legal claim. The purpose of an inquest and the tests in a civil claim are different.
Must I wait for the inquest before asking about a claim?
No. Early advice can help address deadlines, evidence and the relationship between the two processes. The appropriate next steps depend on the case.
Can any family member claim a bereavement award?
No. Statutory eligibility is restricted and must be checked against the law and the facts. A solicitor should assess entitlement rather than assume it from a family relationship.
Will you automatically represent us at the inquest?
No. An enquiry is a request for an assessment. Any offer of inquest assistance, its scope and funding would need to be confirmed separately in writing.
Related guidance
Useful medical negligence guides
How medical negligence claims work
A plain-English overview of breach of duty, causation, medical records, expert evidence and the main stages of a claim.
Read guide →
Can you claim for an A&E misdiagnosis?
Key considerations where emergency care failed to recognise, investigate or appropriately respond to a serious condition.
Read guide →Related claim types
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