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When Can Medical Negligence Lead to a Fatality?
A fatal outcome does not automatically mean that medical negligence occurred. However, concerns may arise where a healthcare professional failed to recognise a serious condition, provided inappropriate treatment or failed to take reasonable action when a patient's condition deteriorated.
Potential cases can involve Delayed Diagnosis Claims, medical misdiagnosis, surgical errors, medication mistakes, infections, inadequate monitoring or delays in emergency treatment. For example, a failure to recognise and treat sepsis promptly may lead to life-threatening complications. Similarly, serious errors during surgery or failures to administer appropriate medication can have fatal consequences.
In some circumstances, concerns about the treatment provided in hospital may also give rise to Hospital Negligence Claims. Each case requires careful investigation to determine whether negligent care contributed to the death.
How Is a Fatal Medical Negligence Case Established?
A detailed investigation is normally required to understand what happened before the death. Medical records, hospital notes, test results, treatment plans and other relevant evidence can help establish the sequence of events.
Independent medical experts may be asked to consider whether the treatment provided was appropriate and whether the negligent care caused or contributed to the person's death. Where relevant, the investigation may examine whether an earlier diagnosis, appropriate treatment or timely medical intervention could have changed the outcome.
Who Can Make a Claim?
Depending on the circumstances, certain relatives or representatives of the deceased may be able to bring a claim under the applicable law in England and Wales. The position can vary according to the relationship with the deceased, the nature of the losses being claimed and the legal basis of the claim.
Legal advice can help establish who is entitled to pursue a claim, whether a claim can be brought on behalf of the deceased's estate and what evidence may be required.
What Losses Could Be Considered?
A fatal medical negligence claim may involve losses suffered as a result of the death. Depending on the circumstances, these can include financial losses, funeral expenses and the loss of financial support that the deceased provided.
A Loss of Dependency Claim may be relevant where eligible relatives have lost financial support or other qualifying benefits provided by the deceased. A Bereavement Claim may also be available to certain eligible relatives under the applicable legal rules.
The losses that can be recovered depend on the circumstances of the case and the relevant legal requirements. A solicitor can explain which types of compensation may apply and what evidence is needed to support the claim.
Understanding What Happened
For families, establishing what happened can be an important part of the claims process. A review of the medical treatment can help identify whether there were failures in care and whether these contributed to the fatal outcome.
Where concerns involve a missed diagnosis, infection, medication error or surgical complication, relevant medical evidence can help clarify the circumstances. Every case is different, so appropriate medical and legal evidence is essential when assessing whether a claim can proceed.
Speak to Step Legal Solicitors
If you have lost a loved one and believe negligent medical treatment contributed to their death, Step Legal Solicitors can investigate the circumstances and explain the legal options available to you.
If it is a matter we can assist with, your claim may be handled on a No Win No Fee basis, subject to the terms of your agreement. The applicable fees and financial arrangements will be explained before you proceed.
Call us today on 0800 195 6412 or contact us online to discuss a Fatal Medical Negligence Claim. You can also visit our offices during working hours to discuss your circumstances and explore your legal options.
Even if you are unsure whether you have grounds for a claim, seeking legal advice can help you understand your options.
