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Medical Negligence: Inquests and Fatal Claims

A sensitive and caring approach coupled with proven expertise

The loss of a family member is always a difficult time, but when questions are raised about medical treatment leading up to the death it can be particularly traumatic. Our caring and experienced medical negligence solicitors are experienced in helping and advising families through the Inquest process and any subsequent claim for compensation, and can answer any questions you may have.

 

Claims for medical negligence require a detailed and complex examination of the circumstance of each individual case. We understand that the process can be difficult for relatives of the deceased, and we do our best to help ensure our clients get the answers they need and the appropriate level of compensation.

 

About Inquests

An Inquest is a legal inquiry conducted by a Coroner, in order to establish the medical cause and circumstances of a death. Inquests are held in public, and can be held with or without a jury. Inquests are conducted in cases where:

  • the death was violent or unnatural
  • the death happened in prison or police custody
  • the cause of death is uncertain after a post-mortem examination

Relatives can attend inquests and ask witnesses questions about the circumstances and medical cause of the death.  It is also permitted for a lawyer to represent relatives at Inquests. This can be particularly important in cases where the circumstances of the death may make a compensation claim a possibility. Our medical negligence solicitors can use information from the Inquest when assessing a claim for medical negligence.

 

Fatal Claims and the Bereavement Award

In cases where death is due to medical negligence, personal injury or accident it is possible to make a claim on behalf of the deceased’s Estate for:

  • Financial loss incurred by the deceased before his or her death (this might include expenses incurred, or loss of earnings whilst in hospital)
  • Compensation for pain and suffering arising before death
  • Funeral expenses (if paid for by the Estate)

Dependants of the deceased can claim for the losses they have suffered as a result of the death including:

  • A dependency claim for financial loss
  • Funeral expenses (if paid for by the dependants)
  • A fixed sum of £11,800 for a death occurring after 1st January 2008, sometimes known as a 'bereavement award'. This can only be claimed by the husband or wife of the deceased, or the parents, if the deceased was under 18 and unmarried.

 

More information:

If you would like to discuss your case with one of our medical negligence solicitors, contact us by telephone on 01924 882000 or by email at clinical.negligence@switalskis.com. Our team can see clients at any of our offices in Wakefield, Leeds, Bradford, Halifax, Huddersfield and Dewsbury or, if appropriate, can travel to visit clients in hospital or at home in areas across North, South and West Yorkshire, and in areas of the East Riding and Humberside.