Death and Inquests

If you have lost a loved one following medical or surgical treatment, you may feel not all was done by the hospital or GP in meeting your loved ones needs. If you are concerned in any way about your loved ones death, it may be necessary to refer the matter to the Coroner for investigation known as an Inquest.

We have represented many claimants in the past at inquest. Although legal representation in not necessary, an inquest can be very emotional and relatives of the deceased may not feel confident to ask questions which is where a lawyer can help. The verdict of an inquest will not apportion liability but the information obtained from the inquiry can be extremely useful in pursing a claim against the hospital or GP.

A death may arise from any medical intervention and is compensated under the Law Reform (Miscellaneous Provisions Act) 1934 and Fatal Accidents Act 1976.

Under the Law Reform Act, compensation can be claimed by the executor, administrator or personal representative of the estate. This part of the claim is on behalf of the deceased and is for the pain and suffering. Pain and suffering arises where death is not instantaneous for example, where it has been caused by a disease with perhaps a lengthy period of suffering. Compensation is recoverable for pain, suffering and loss of amenity, endured by the deceased as a result of negligent medical treatment.

Under the Fatal Accidents Act, dependants of the deceased can also bring a claim. Dependency essentially is a matter of fact resting upon whether the ‘dependant’ was being supported in some way either by provision of finance or service such as help around the house. For example,  if a man dies and he was married and was supporting the widow, the dependency would be measured in terms of the loss of income. If he was self-employed it would be loss of profit. As for any children, they would also probably be dependant on that income. Dependency also includes benefits associated with work, for example a company car or health insurance. It can also include services such as care, washing a car, DIY or gardening.

The Act also provides for a statutory award for bereavement. The categories of dependants who can claim this are a spouse, a child for loss of a parent or parent for loss of a child. Presently the compensation is set at:

• For deaths before 01 January 2008 - £10,000
• For death on or after 01 January 2008 - £11,800

Teenage girl starved to death after 'gross failings' by doctors
Daily Mail

Coventry teenager 'starved to death after failed operation'
Coventry Telegraph

Call 0800 043 4035 now to speak to a specialist medical negligence solicitor about claiming compensation following the death of a loved one or representation at an inquest.