Fatal Claims and Inquests
If a loved one has died as a result of medical negligence, the specialist medical negligence team at O’Donnell Solicitors can work to find out what went wrong and help you to seek compensation.
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 executor of the estate. If the deceased died intestate, the relevant person will be specified by the Intestacy Rules.
If your claim is successful, you may be entitled to claim compensation for yourself and for and on behalf of the deceased’s estate under the Law Reform (Miscellaneous Provisions) Act 1934 and/or the Fatal Accidents Act 1976 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.
Inquests provide the opportunity to investigate the circumstances of a death where a failure of care has caused or contributed to a death and are an invaluable source of information on issues relevant to a medical negligence claim. The specialist medical negligence team at O’Donnell Solicitors is able to assist you with preparations for the inquest and represent you at the inquest to ensure that your voice is heard.
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.
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.
