Fatal accidents
If a patient dies as a result of medical negligence, a claim can be made for compensation under both the Law Reform (Misc. Provisions) Act 1934 and the Fatal Accidents Act 1976.
The claimant in such a medical negligence claim will usually be the administrator or executor of the deceased's estate. Normally the claim will be brought under both of the above Acts.
The Law Reform (Misc. Provisions) Act 1934 enables claimants representing the deceased in a medical negligence claim to claim damages on behalf of the deceased's estate for the pre-death pain and suffering of the deceased.
In medical or clinical negligence claims, the claimant must prove that, but for the alleged negligence, the deceased would not have suffered the pain and suffering for which compensation is being claimed.
Reasonable funeral expenses can also be claimed. A medical negligence claim can also be brought for any financial losses suffered by the deceased prior to the date of death. Similarly, a claimant must prove that, but for the medical negligence, the deceased would not have suffered the financial losses being claimed.
Damages for loss of dependency
The Fatal Accidents Act 1976 enables certain dependants to claim for a bereavement award and damages for loss of dependency. The level of bereavement award is set by statute for all medical negligence claims and currently stands at £11,800.
This award is often criticised as a ‘token' award. The bereavement award can only be claimed by a surviving spouse or by the parents of a deceased minor.
The class of persons who qualify as a dependant is subject to change following Government proposals put forward in late 2009.
In a medical negligence claim, the dependant can claim compensation for two types of loss of dependency, namely loss of income and loss of services. One way in which loss of services can be assessed is to calculate the cost, over a lifetime, of hiring a professional to undertake the work which would have been carried out by the deceased. For example, in a medical negligence claim brought by a surviving wife, a claim for compensation could be made for the loss of DIY services provided by the husband.
Specialist medical negligence claim lawyers
JMW Solicitors LLP specialises in medical negligence claims brought under the Law Reform (Misc Provisions) Act 1936 and the Fatal Accidents Claim Act 1976. We have years of experience in dealing with inquests and related medical negligence claims.
If you would like to speak to a solicitor about a potential clinical negligence claim or inquest, one of our lawyers will be happy to discuss your case and provide a free initial assessment. Contact JMW on 0845 872 6666 or email.
