
Clinical negligence
Fatal claims
Sadly, errors in medical treatment can lead to the death of a family member. In these circumstances the loss of a loved one can be particularly traumatic and the family have to come to terms with their bereavement as well as often coping with the financial hardship that bereavement brings.
Fatal accident claims are complex and are often more difficult to pursue because the person who has received the treatment is no longer alive to provide their version of events. Therefore, it is important to obtain the specialist advice which we provide.
We have considerable expertise in dealing with fatal accident claims including:
- Surgical errors
- Failure to diagnose and treat ischaemic heart disease
- Delay in diagnosis of pulmonary embolism
- Failure to recognise and treat intra-abdominal haemorrhage
- Failures in care provided to elderly patients in nursing homes
- Stillbirths
Inquest
Sometimes a death will be reported to the Coroner and an inquest will be held. This applies when the death is sudden, and the cause is unknown, or when the deceased was a victim of violence. Further information about the inquest procedure is available here or contact Cecily Cameron at Henmans LLP who will be pleased to give you advice on inquest procedures.
Compensation
If your claim is successful you may be able to claim:
- Bereavement award – £10,000 is payable to the surviving husband or wife, or the parents of a child who has died under the age of 18.
- Funeral expenses
- Loss of dependency –
- Loss of income as a result of death of spouse, co-habitee (provided that they lived with the deceased for over two years), child or grandparent
- Loss of services – compensation for the help that the deceased provided in the family home such as childcare, DIY etc.
- In certain circumstances you may be eligible for compensation if you develop a psychiatric illness as a result of the death of a family member
Our experience
We have extensive experience in successfully dealing with fatal accident claims. Recent cases include:
- W (Widower and executor of the estate of AW deceased) v Oxford Radcliffe Hospitals NHS Trust
- D v Oxford Radcliffe Hospitals NHS Trust
If you feel that your own case falls within any of the contexts above, please contact Cecily Cameron for guidance as to how to proceed with your claim.
Further Information
You may find the following websites useful:
- Cruse Bereavement Care – provides counselling and support to bereaved people
- SeeSaw – grief support for young people in Oxfordshire
- Sands – stillbirth and neonatal death charity
