death/fatal accidents
The majority of our clients are individuals who have been
injured by substandard medical treatment or their parents, if the
injured person is a child.
However, it is also possible for family members to pursue a claim
where negligent medical treatment has resulted in somebody’s
death. Such claims can be pursued under two separate
pieces of legislation:
Law Reform (Miscellaneous Provisions)
Act 1934
Under these provisions the claim is brought on
behalf of the Estate of the deceased. Generally the
limitation period for issuing court proceedings is three years
from the date of death although we can provide further advice on
this point. Under this head, compensation can be claimed for
the pain, suffering and loss of amenity endured by the deceased as
a result of negligent medical treatment, together with their past
financial loss, funeral and memorial expenses. The
investigation into the claim is carried out in the same way as
other clinical negligence claims and we must be able to establish
that the patient received medical treatment that was below an
acceptable standard and that this in turn directly caused injury or
death. However, no claim for future financial losses can be
brought under this piece of legislation. Our client in these
circumstances is the Executor (Executrix), Administrator
(Administratrix), or personal representative of the Estate.
A family member may also wish to continue an
existing claim under this legislation for previous substandard
medical treatment which caused harm, even if this did not lead
directly to their loved one’s death.
Fatal Accidents Act 1976
Dependents of the deceased can also bring a
claim under the Fatal Accidents Act 1976. A bereavement award
can be claimed for the death of a spouse or other immediate family
member, which was caused by negligence. There is a statutory
award of £10,000 and the list of relatives who can claim is
restricted. We should be happy to advise on this point
further.
The Fatal Accidents Act 1976 also provides for
people who were financially dependent upon the deceased to claim
for loss of financial dependency as well as funeral and memorial
expenses. This allows a spouse or dependent child to be
compensated for the financial impact of losing a loved
one.
The Clinical Negligence team here at Blake
Lapthorn have a lot of experience in guiding families through the
legal process at what is an extremely difficult time.
Quantification of these claims is a complex area, particularly when
considering hypothetical career progression and pension loss but we
have access to the appropriate expertise to ensure that you receive
the correct amount of compensation.
However, we fully appreciate that no amount of
money can compensate you for the loss of a close family member and
we are happy to offer practical solutions to help you cope with
your own emotional trauma, new family dynamics, financial concerns
and childcare difficulties that you may face. If we are able
to obtain an admission of liability for your loved one’s death,
then we are more than happy to try and secure an interim payment on
your behalf so that the financial worries at least can be eased
whilst your claim is concluded.
For further information please contact
Alison McClure in the
Clinical Negligence team on 023 8085 7345 or email alison.mcclure@bllaw.co.uk.
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