Every case below is a published judgment of the courts of England and Wales, linked to its source. Summaries are ours; amounts appear only where the judgment states them. We include claims that failed, because they show what has to be proved.
Claim failed
[2026] EWCC 50·2026·Liability decided at trial
A widow brought a dependency and bereavement claim against the hospital after her husband died from an infection picked up during heart surgery. Because he had already settled his own claim in full against the equipment manufacturer while alive, the court held no Fatal Accidents Act claim survived for his dependants.
A dependant's claim under the Fatal Accidents Act only exists if the deceased could still have sued at the moment of death. Settling a claim in the patient's lifetime can extinguish the family's later dependency claim, so settlement terms need careful thought where death is foreseeable.
Claimant succeeded£550,000
[2026] EWHC 1284 (KB)·2026·Liability decided at trial
A patient developed life-threatening pancreatitis after a gallstone-removal ERCP. The judge found the consultant never prescribed or instructed the standard preventive diclofenac suppository, so it was not given, and entered judgment for £550,000 against him.
Failing to give a recognised prophylactic drug before a procedure can be negligent even in private care. The prescribing doctor, not the hospital, carried the liability here.
Claim failed
[2024] EWHC 1800 (KB)·2024·Liability decided at trial
A widower claimed that doctors at Southampton General misdiagnosed his wife's rare cerebral venous thrombosis as a stroke, gave her clot-busting drugs and delayed the correct treatment, leading to her death. The judge found the clinicians acted reasonably on the presentation and that even earlier correct treatment would probably not have saved her.
A tragic outcome after a rare condition is missed does not by itself prove negligence; the question is whether a reasonable body of doctors would have acted the same way on the information available. Causation must be proved separately.
Claimant succeeded£1.2M
[2024] EWHC 1360 (KB)·2024·Liability decided at trial
Mr Healey died nine days after bowel cancer surgery at a private hospital when a leak at the surgical join was not recognised in time. The hospital settled the widow's claim for £1.2 million and the court ordered the surgeon to bear 75% of it, finding his failure to diagnose the leak the principal cause of death.
Post-operative deterioration after bowel surgery must prompt urgent consideration of a leak. Both the private hospital and the individual surgeon can be liable, with the court apportioning responsibility between them.
Claim failed
[2024] UKSC 1·2024·Appeal decision
Three families sought damages for psychiatric injury after watching a relative die from a condition that doctors had negligently failed to diagnose. The Supreme Court (Lord Burrows dissenting) held that doctors do not owe relatives a duty to protect them from the shock of witnessing a patient's death or medical crisis.
Relatives who develop a psychiatric illness from witnessing a loved one's death caused by medical negligence generally cannot claim as secondary victims. Their remedies are limited to the Fatal Accidents Act dependency and bereavement claims.
Claimant succeeded£340,000
[2023] EWHC 2986 (KB)·2023·Liability decided at trial
The Trust admitted it missed an aortic dissection that emergency surgery would probably have cured, and settled the fatal claim for £340,000. When the widow and children later sued for psychiatric injury from witnessing the death, the Trust tried to strike that out but withdrew after discovering the earlier settlement had never been court-approved.
Fatal claims involving children need court approval of any settlement or it may not bind them. A missed aortic dissection in a chest-pain patient was accepted as negligent and fatal.