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  • Fatal Medical Negligence Claims & Inquests

Fatal Medical Negligence Claims & Inquests

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If somebody close to you has died because of negligent medical care, our solicitors are here to help you find out what happened and why.

Dealing with the loss of a loved one will always be difficult, but we can help with the financial burdens a death can cause, hopefully making your life a little easier. Compensation can help provide a more secure future for you and your family. By making a claim with us, you can be reassured that you’re represented by some of the best medical negligence lawyers in the country.

We might be able to help you if you were the spouse or dependant of someone who died because:

  • Fatal medical mistakes were made during surgery or treatment
  • Their condition wasn’t diagnosed as early as it could’ve been.

Speak to us today about your circumstances. We’ll advise you on if you’re able to claim in a free initial consultation.

We can accept fatal medical negligence cases on a no win no fee basis. This means you won’t have to worry about paying legal costs until after your claim has finished. If for some reason your claim is unsuccessful, you won’t have to pay these fees as you’ll be protected by an insurance policy.

Sometimes when deaths occur in unusual or unclear circumstances, an inquest might be held to establish the facts around the death. Our solicitors can represent you at inquests, to help guide you through proceedings and to make sure your voice is heard.

Why choose Irwin Mitchell's solicitors to handle your fatal medical negligence claim?

Our respected and dedicated fatal claims lawyers have experience in handling a wide range of fatal negligence cases. No matter how your loved one’s death happened, you can be reassured that you’re being represented by some of the best lawyers in the country.

We’ve previously helped families after they’ve lost their loved one in a range of circumstances, including:

  • Misdiagnosis of cancer
  • Childbirth errors
  • Meningitis misdiagnosis
  • Sepsis
  • Stroke misdiagnosis
  • Delays in managing conditions like deep vein thrombosis or pulmonary embolism
  • Spinal surgery mistakes.

Our medical negligence lawyers can help you with your compensation claim in a number of other scenarios. We can also offer you support with the bereavement process.

Our Support and Rehabilitation team can help you access counselling and advise on any benefits you may be entitled to claim.

We work several charities that can offer you valuable support. These include:

  • StrongMen 
  • Ataloss 
  • Widowed & Young 
  • Grief Encounter. 

If your claim is successful, our Asset Management team can advise you on how to make your compensation last for as long as possible. They’ll give you tailored advice on how you can invest your money and ensure it pays for all your needs.

We understand that after such a traumatic loss, talking about it face to face can be a big help. We’ve offices located across the UK, so you can visit us at a convenient location. If you prefer, we can speak via phone or video call, or email.

A Guide to Inquests – FAQs

Our medical negligence senior associate, Ayse Ince, answers frequently asked questions about inquests.

Spotlight On Bereavement Following Suicide

Senior Associate Solicitor Ayse Ince joined by Amelia Wrighton, CEO of Suicide&Co, Rebecca Gibson ambassador for Survivors of Bereavement by Suicide (SOBS) and Counsellor for Suicide&Co and Professor David Sines for a meaningful conversation around bereavement following suicide.

In the webinar, we talked about:

  • The support and educational resources available to support those bereaved by suicide
  • Self-care, reaching out for help, and getting the emotional and practical support you need when navigating the grief journey.

Differences in Civil & Coronial Processes and How to Ensure the Best Outcome for Bereaved Families

In this webinar, Senior Associate Solicitor, Nicola Handley, was joined by Derek Winter, Deputy Chief Coroner, and Mike Rawlinson, K.C Barrister, for an interesting session about Evidence and Conclusions and the different ways they can be relied upon in the Civil and Coronial process.

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Representation at inquests

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Julie Lewis Partner Meet the team

More information on fatal medical negligence claims

If your loved one died because of negligent medical treatment, we could help you claim compensation to support you at this difficult time.

We can help you with making a claim if you’re the dependent of the person who died, which can be one of the following relations:

  • Husband/wife
  • Former spouse (married for at least two years)
  • Children
  • Parents
  • Cohabitee of over two years (living together without being married).

Get in touch with us to discuss your circumstances in a free initial consultation.

Fatal mistakes in healthcare come in a wide range of issues.

Some of the most common reasons why you could claim compensation for a fatal medical mistake include:

  • Errors made during surgery
  • GPs failing to diagnose symptoms or recommend further tests
  • Errors in anaesthesia that can lead to an overdose or fatal complications
  • Prescribing the wrong drug or the wrong dose
  • Mistakes made in A&E
  • Mistakes made during cosmetic surgery
  • Infections contracted in hospital
  • Failing to monitor a mental health patient who’s a suicide risk.

If your loved one lost their life through a form of medical negligence not listed here, contact us to discuss whether you’re eligible to claim.

To begin your claim for a fatal medical mistake, get in touch with us. You’ll have a free initial consultation with one of our expert solicitors, who’ll advise you on if you can make a claim for compensation. They’ll discuss the course of action and funding options available to you.

We’ll also explain what’ll happen if your loved one needs a post-mortem or there’s going to be a coroner’s inquest. We’ll make sure you’re fully aware of all that’ll happen.

We’ll gather all the evidence to help prove your claim. Evidence we’ll use to prove your claim for fatal medical negligence includes:

  • Medical records
  • Documents
  • Independent medical expert opinions.

We’ll approach the individual, hospital, or other organisation responsible for the fatal mistakes and inform them we intend to launch a claim against them.

We’re able to settle most medical negligence claims out of court. However, if we can’t reach a settlement that we feel is fair to you, or if the responsible party won’t admit blame, we’ll start court proceedings.

If your claim needs to go to court, we’ll do all we can to make sure you’re as prepared and comfortable as possible.

We always advise you to start your claim as quickly as possible after learning medical negligence occurred. The evidence will be more readily available, and the details will be fresher in your mind, making it easier to prove your case.

The time limit for making a claim is normally three years. This time limit begins from the date the negligent treatment or surgery took place.

If you didn’t learn that medical negligence was responsible for your loved one’s death until the inquest, the three-year time limit starts from this date.

The amount of compensation awarded in each fatal medical negligence claim is unique. This is because the circumstances around each case differ.

The amount of compensation you could be entitled to is based on:

  • The nature of the negligence your loved one experienced
  • How many people were dependent on them and in what ways, such as financially or for the care and support that provided
  • Any expenses you incurred, such as loss of earnings through having to care for your loved one, or funeral expenses you’ve incurred
  • Statutory Bereavement Award under the Fatal Accidents Act 1967
  • Future care for you and your family, such as counselling fees.

We’ll be able to give you an estimate value of your claim if you contact us. Once we know a little more about your situation, it’ll be easier for us to advise you of how much you could claim.

mental health worker chatting with client

They were always there to answer my questions and queries when I was at my most vulnerable and they persevered to obtain the best possible result."

Lisa, client

Frequently Asked Questions

Can I make a no win no fee claim?

Yes, we handle most medical negligence claims on a no win no fee basis.

The benefit of making a no win no fee claim is that there’s no financial risk to you if your claim doesn’t succeed. There’s also nothing to pay upfront.

If your claim is successful, the majority of our fees will be paid by your opponent.

You’ll need an After The Event (ATE) insurance policy to make a no win no fee claim, but we’ll discuss the finer points before we start working for you. We’ll make sure you’re aware of all of the funding options available to you before beginning your claim.

Can you represent me at an inquest?

If your loved one died in unusual or unclear circumstances, their death will be reported to a coroner who may decide to hold an inquest. By holding an inquest, the facts behind the death can be established.

Sometimes evidence comes to light during the inquest that your loved one may have died as a result of negligent medical treatment. If this is the case, we could help you make a compensation claim and will do everything we can to get you a settlement that could provide security for you and your family.

If you’d like our experts to represent you at an inquest, you must contact us as soon as you can. This gives us time to assemble medical records and other evidence to put us in the strongest position to help.

Can a coroner rule medical negligence?

No, coroners can’t rule that your loved one died because of medical negligence. However, their investigation can be very useful as it may give us the evidence needed for our lawyers to prove that negligence too place.

Although a coroner can’t rule negligence outright, they can make a conclusion of “neglect”. “Neglect” has a different meaning in law than “negligence”. It means a gross failure to provide any basic medical attention and that there’s a clear and direct causal connection between the gross failure and the death.

Coroners have a duty to make a prevention of future death reports. These are important for families who are seeking changes to make sure nobody else goes through the same thing.

Read More FAQs

Related Information - Fatal Claims

Medical Negligence - we handle a variety of medical negligence claims
Wills, Estates & Probate - we can help you deal with the affairs relating to your loved one’s estate
Personal Injury Trusts - setting up a personal injury trust can protect your means tested benefits after a compensation award
Coping With Bereavement - we offer support to help with the grieving process

Scottish Flag All Scottish cases will be handled by the Scottish law firm with which we are associated, Irwin Mitchell Scotland LLP. The law relating to funding is different in Scotland and you will receive separate advice about what that means as well as a separate funding agreement.

 

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