subject: Fatal Medical Negligence [print this page] If you believe the actions of medical professionals either caused or contributed towards the death of your loved one, you may want to consider making a medical negligence claim. While this will not undo the devastating damage that has been done to you and your family, it may in some way help you come to terms with what has happened.
Has Your Loved One Died Due to Medical Negligence?
If your loved one has died as a result of medical negligence, you need to seek help from a legal expert. As a specialist in this area of the law, a medical negligence solicitor will be able to suggest what options are available to you. After a short consultation, you may simply decide to make an official complaint to the hospital or GP in question, or you may want to instruct a solicitor to represent you at the coroner's inquest. Additionally, you may wish to pursue legal action in the form of a medical negligence claim. A solicitor will be able to suggest whether or not you are in a position to do this, and if so, what action you need to take next.
Making a Fatal Medical Negligence Claim.
A fatal medical negligence claim may be brought by an executor, administrator or personal representative of the Will, or it may be brought a dependent of the deceased (for example, a spouse). We will look at each of these in greater detail:-
1. Claim on behalf of the estate.
Under the Law Reform (Miscellaneous Provisions Act) 1934, it is possible for an executor, administrator or personal representative of the deceased's estate to make a medical negligence claim. If successful, compensation will be awarded for the pain, suffering and loss of amenity the deceased experience as a direct consequence of medical negligence.
2. Claim made by a dependent.
Under the Fatal Accidents Act 1976, dependents of the deceased may also make a medical negligence claim. It is first necessary to prove that you were a dependent - this may mean you were financially dependent, or that you benefitted in some other way (for example, the deceased cared for you, helped you with household chores etc). A claim made by a dependent differs from a claim made on behalf of the estate, as a dependent will be awarded compensation for any future losses. This means that if you were dependent upon your spouse's income, you will be given compensation for this loss.
