How Inquests can support medical negligence claims
Premature discharge from hospital. Missed sepsis diagnosis. Delayed surgical intervention. The wrong medical decisions can come with fatal consequences. The loss of a loved one is extremely emotional and stressful – even more so when there’s a possibility that their death could have been avoided.
An Inquest helps to establish the context and cause of a death that appears to be unknown or unnatural. The investigation is conducted by a Coroner, who decides on the scope of the Inquest. This can be particularly important when medical negligence might have been a factor.
An opportunity to test evidence
Although an Inquest is not designed to establish if negligence has occurred or to assign blame, it can provide an opportunity to test the evidence of a future civil action.
As part of the Inquest process, the medical and nursing team of the healthcare providers along with any other key witnesses are usually asked to provide evidence, either orally or by way of a written statement. These individuals can then be cross-examined at the hearing if needed.
Investigations conducted as part of the Inquest process as well as any supporting expert evidence can normally be used for an ensuing medical negligence claim.
Legal representation can strengthen case
There is no requirement for a family to be legally represented at an Inquest, but the healthcare provider will often appoint a solicitor or barrister to argue their case. By seeking legal advice as early as possible, you can share important facts that might determine the scope of your loved one’s Inquest.
For example, we helped a family argue that an Inquest into the death of their loved one warranted more than just a brief half-day hearing. As a result of our submissions, the hearing became a four-day enhanced Inquest before a jury, which proved to be key in settling a subsequent medical negligence case.
Inquest conclusion is key
The conclusion of an Inquest and any recommendations made by the Coroner can be vital when deciding if a medical negligence case is worth pursuing. For instance, a Coroner might highlight specific failings in a person’s care by a hospital’s A&E department when delivering their conclusion.
It is still possible to pursue a claim, even when failings are not identified as part of the Inquest. For example, the Coroner might only have explored the healthcare decisions taken immediately before a person’s death rather than over a prolonged period, which could have contributed to any negligence.
Compensation and closure
As a civil action, a successful medical negligence claim often results in a monetary award of damages for the bereaved family. Bringing a claim, however, isn’t just about receiving compensation. Obtaining an admission of liability or an apology is often just as important after losing a loved one due to medical mistakes, as it can give a family a sense of closure and justice.
For example, we acted for a bereaved family when a hospital failed to diagnose a loved one’s DVT. Despite the NHS Trust initially denying liability, we were able to successfully settle a medical negligence claim.
Attwaters Solicitors has a dedicated team of experts with medical and legal knowledge who will assist with building your case. We have a track record in supporting families at Inquests and pursuing successful medical negligence claims. Contact the team to find out more and book a free consultation.
