Fatal Claims and Inquests
Medical Negligence Solicitors in Oldham, helping clients across the North West
Fatal Medical Negligence Claims and Inquest Solicitors
Losing a loved one to medical negligence is devastating, and families are often left with unanswered questions about what went wrong. Where a death has been caused or contributed to by a failure of medical care, our specialist medical negligence team at O’Donnell Solicitors can help you to find those answers, hold the healthcare provider to account, and secure the compensation that your family is entitled to.
If a member of your family has died as a result of medical negligence, our experienced medical negligence team can help. To discuss your fatal medical negligence claim with a specialist medical negligence solicitor, please either telephone us on 01457 761 320 or email kenneth.lees@odonnellsolicitors.co.uk, and a member of the team will contact you for a free, no-obligation consultation.
Understanding Fatal Medical Negligence Claims
A fatal medical negligence claim can be brought where a healthcare provider’s breach of duty of care has caused or materially contributed to a person’s death. Claims are brought under the Law Reform (Miscellaneous Provisions) Act 1934 and/or the Fatal Accidents Act 1976, which together allow a family to recover compensation both for the pain, suffering and losses of the deceased before their death, and for the losses that the family has suffered as a result of the death.
Fatal claims are often accompanied by an inquest, where a coroner investigates the circumstances of the death. Inquests provide the opportunity to investigate the circumstances of a death where a failure of care has caused or contributed to a death. The inquest is a separate legal process but is an invaluable source of information on issues relevant to a medical negligence claim.
The specialist medical negligence team at O’Donnell Solicitors can assist you with preparations for the inquest and represent you at the inquest to ensure that your voice is heard.
Who Can Bring a Fatal Medical Negligence Claim?
The claim can be brought by the person(s) who are entitled to administer the deceased’s estate. If the deceased left a Will, the relevant person will be the named executor of the estate. If the deceased died without a Will (intestate), the person entitled to bring the claim is determined by the Intestacy Rules. Typically, this will be the deceased’s spouse or closest surviving relative.
The person bringing the claim, known as the personal representative, brings it both on behalf of the deceased’s estate and on behalf of any dependants of the deceased. Where more than one family member has suffered a recognised loss, the claim can compensate multiple people through a single set of proceedings.
What Compensation Can Be Claimed in a Fatal Medical Negligence Case?
If a fatal medical negligence claim is successful, compensation can be recovered under the following heads of loss:
- General damages for the pain, suffering and loss of amenity of the deceased prior to their death.
- Special damages relating to the deceased prior to their death including loss of earnings, care and assistance, aids and equipment, and treatment costs.
- The statutory bereavement award of £15,120.
- In stillbirth cases, compensation for loss of satisfaction in bringing the pregnancy to a satisfactory conclusion.
- Funeral costs.
- Loss of dependency on the deceased’s income and services.
- Loss of consortium (a spouse or close family member seeking compensation for the loss of companionship, affection, and emotional support following a severe injury or wrongful death).
In England and Wales, as set out in section 1A of the Fatal Accidents Act 1976, the statutory bereavement award is a fixed sum available to a defined category of eligible claimants. Typically, those eligible for bereavement damages are:
- The spouse or civil partner of the deceased;
- A qualifying long-term cohabiting partner of at least two years of the deceased;
- Where the deceased was a minor who was never married or in a civil partnership, the parents if the minor was legitimate, or just the mother if the minor was illegitimate
The statutory amount of bereavement damages in England and Wales is £15,120.
A dependency claim is separate and compensates family members who relied on the deceased for financial support, care, or services around the home, and is often the largest financial element of the overall claim.
Inquests and How They Support Your Claim
An inquest is a public court hearing held by the coroner to investigate the circumstances of a death. The purpose of an inquest is to consider the identity of the deceased, the date of death, the location of death and how the deceased died. It is not a criminal or civil trial and does not determine legal fault or liability, but its findings are often central to a subsequent medical negligence claim.
Most deaths do not require an inquest, but a coroner will arrange an inquest where the deceased:
- Died a violent or unnatural death.
- Died a sudden death of which the cause is unknown.
- Died in prison or in such a place or in such circumstances as to require an inquest, e.g. in police custody or whilst detained under the Mental Health Act 1983.
The coroner will give directions on what documents should be produced and who will be called to give evidence at the inquest. The treating clinicians and the deceased’s family will usually give evidence, and the coroner may instruct independent experts to review the deceased’s medical records and report on issues to assist the inquest and the determination of the cause of death. The coroner will provide a conclusion on the cause of death based on their analysis of all of the available evidence.
Our highly experienced medical negligence team can assist you with preparations for the inquest, represent you at the inquest itself, and use the findings to support a subsequent fatal medical negligence claim.
Read our recent guide for more information: ‘Understanding Inquests and Their Role in Medical Negligence Claims’.
Types of Fatal Medical Negligence Claims We Can Help With
- Delayed diagnosis or misdiagnosis of cancer
- Failure to recognise or treat sepsis
- GP negligence, including failure to refer for emergency treatment
- Failure to recognise or treat cauda equina syndrome
- Stillbirth, neonatal death and maternal death and maternal death following birth injury negligence
- Failure to diagnose or manage ectopic pregnancies
- NHS Never Events resulting in death
- Gentamicin toxicity and other antibiotic-related deaths
- Prescription and dispensing errors leading to fatal overdose or reaction
- Complications from pressure sores and hospital-acquired infections
- Surgical errors and post-operative complications
- Failure to diagnose or treat cardiac conditions, including heart attack and stroke
For more information on how a medical negligence claim works, including time limits, funding and compensation, please see our main Medical Negligence page.
Why Choose O’Donnell Solicitors for Your Fatal Medical Negligence Claim
O’Donnell Solicitors’ Medical Negligence Department is headed by Kenneth Lees and supported by a team with over a decade of combined experience in clinical negligence litigation. We offer a free, no-obligation initial consultation, and the vast majority of claims can be funded by way of a no-win, no-fee agreement. As a regional firm acting for clients across the North West, we combine specialist expertise with a personal and accessible service.
Local Medical Negligence Solicitors Throughout Saddleworth and Oldham
We recognise how daunting making a medical negligence claim can be and have taken great care to create a modern, welcoming environment for our clients to visit us. Our three office locations in Uppermill Village and Grasscroft offer convenience and accessible legal services to our visiting clients. We are also able to provide online appointments as and where our clients prefer. In some cases, and where required, we can deliver our entire service remotely.
Speak to a Medical Negligence Solicitor Today
Case Study: Compensation recovered following delayed diagnosis and treatment of lung cancer
Kenneth Lees acted for the family of Mrs B and recovered £77,500 in compensation following a delayed diagnosis of lung cancer. Mrs B had a chest x-ray and the report included a recommendation that a CT scan be performed to more closely examine a mass identified in the upper lobe of the left lung. The x-ray report was delayed and then sent to the wrong department so the recommendation was never followed up.
When Mrs B sought further medical attention a year later, a CT scan was performed and identified the mass which was subsequently confirmed to be small-cell lung cancer. Mrs B underwent surgery followed by radiotherapy and chemotherapy, most of which would have been avoided with earlier diagnosis and treatment. Mrs B deteriorated and died within 12 months of the diagnosis.
As Mrs B was widowed and retired the compensation focussed on her pain, suffering and loss of amenity, the care and assistance she received from her family, along with recovery of the costs associated with her funeral.
Frequently Asked Questions About Fatal Medical Negligence Claims
The statutory bereavement award is a fixed sum set under the Fatal Accidents Act 1976 to provide a formal legal recognition of the grief of losing a close relative. The current amount is £15,120. It is a fixed sum and does not vary according to individual circumstances. Only a limited category of family members can claim it, typically the spouse, civil partner, or qualifying long-term cohabitee of the deceased, or the parents of a deceased unmarried child under the age of 18.
A dependency claim compensates the deceased's dependants for the financial contribution and services they have lost through the death. This can include lost income the deceased would have contributed to the household, lost pension entitlement, and the value of services the deceased provided, such as childcare, domestic tasks, DIY, and care for elderly parents or disabled relatives. Dependency claims are often the largest financial element of a fatal medical negligence claim.
A fatal medical negligence claim must generally be started in court within three years of the date of death, or within three years of the date on which the family had knowledge that the death was caused or contributed to by negligence. It is essential to obtain specialist legal advice as soon as possible, both because the time limits are strict and because an inquest may take place well before the three-year period expires and can be a critical source of evidence for the civil claim.
In limited circumstances, a family member who has suffered a recognised psychiatric injury such as post-traumatic stress disorder or clinical depression as a result of witnessing or learning of the death may be able to bring a separate claim for that psychiatric injury. These are known as “secondary victim” claims and are subject to strict legal criteria. Our specialist medical negligence team can advise on whether the specific circumstances of your case may support such a claim.
Key evidence in a fatal medical negligence claim usually includes the deceased's medical records, GP records, hospital records, and any imaging or test results, together with the death certificate, any post-mortem report, and the coroner's findings from any inquest. Independent expert medical evidence is almost always required to establish that the care fell below an acceptable standard and that the failure caused or materially contributed to the death. Witness statements from family members and others involved in the deceased's care can also form an important part of the evidence.