Inquests and Fatal Accident Claims
Tragically, medical negligence at a hospital or by a doctor such as a General Practitioner, can lead to the death of a patient. Often that person may have had dependents who will lose the financial, physical and emotional support of that person. In the circumstances, it is very important for the dependents to seek legal advice as soon as they feel able to do so.
Firstly, the death of a patient often results in an inquest, particularly where the death cannot be regarded as a natural death including cases where there are allegations that the death arose from medical negligence. The Coroner will usually arrange a post-mortem examination which can be very helpful in establishing the circumstances surrounding the deceased’s death and can therefore be of great assistance in a medical negligence claim. Sometimes it is possible, if the relatives are concerned about the initial post-mortem examination and the findings, to have a second post-mortem carried out.
The purpose of an inquest is to establish “how” the deceased came by his or her death. This can sometimes involve extensive consideration at the inquest of the circumstances surrounding the patient’s death. Some Coroners are more willing than others to allow a full investigation of those circumstances. However, it is often the case that the evidence given at the inquest can assist a civil claim for damages. Often the doctors involved in the patient’s care will be called by the Coroner to give evidence. Whilst an inquest does not apportion blame in any way, the doctors and other health professionals who give evidence can be questioned on behalf of the patient’s family about the circumstances relating to their care of the patient.
Sometimes the Coroner can give what is called a narrative verdict which gives more detail about the findings of the Coroner in relation to “how” the deceased came by his or her death than a more traditional inquest verdict and it is becoming much more common for Coroners, nowadays, to give this sort of verdict.
If the Coroner has particular concerns about a repetition of the circumstances which led to the death of a patient affecting other patients, he can write to those responsible about this. Consideration should always be given at inquests by those representing families of the patient, to requesting the Coroner to do this.
It is important for bereaved families to obtain legal advice in relation to an inquest at the earliest opportunity. Certainly, an experienced medical negligence solicitor would be able to take steps to ensure that the maximum benefit is obtained as a result of the inquest. Often an experienced medical negligence solicitor can persuade the Coroner to call an independent expert witness to give evidence at the inquest or that the Coroner should sit with a jury. Representations can also be made to the Coroner, in relation to the witnesses who should be called to give evidence. Legal representation at inquests is often essential so that the witnesses giving evidence can be asked appropriate questions and submissions can be made to the Coroner in the light of the law concerned.
As far as a civil claim for damages is concerned, this will be brought on behalf of the deceased patient’s estate and dependents. The estate can be awarded damages for pain and suffering experienced by the deceased before death, claims can also be made for funeral expenses. As far as the dependents are concerned, claims can be brought for loss of financial dependency and, also, loss of services, for instance for a child who lost the care of the child’s mother.
Often claims in such circumstances attract very substantial damages. The purpose of such a claim is to put the claimants in the position they would have been if the patient had not died. There are however time limits in pursuing such claims and it is extremely important therefore that legal advice is obtained at the earliest opportunity from a solicitor specialising in medical negligence claims. The solicitor would have to be able to establish, on behalf of the claimants, that the patient died as a result of negligent care.