The death of a loved one is always tragic, no matter what the circumstances, but if it has been caused as a result of errors in their medical treatment, the loss can be even more traumatic. The family has to cope with the grief of the death as well as the knowledge that the death might have been preventable. Added to that can be the financial hardship that follows the death of a breadwinner and the heartache is compounded.

Fatal accidents and the link between them and an error in treatment or mismanagement are always more difficult to prove, primarily because the main witness has died.

How Can a Fatal Accident Arise As a Result of Medical Negligence?

Fatalities can arise as a result of:

• Over or under prescription of drugs.
• Pulmonary embolism.
• Delays in recognising or failing to treat heart disease.
• Delays in recognising or failing to treat cancer.
• Surgical errors.
• Birth errors.
• and many other ways.

When is a Coroners Inquest held?

In any circumstances where the death is sudden and the cause unknown or where the death is as a result of violence, the case could be referred to the coroner and a coroner’s inquest held. In the vast majority of cases a cause of death can be certified by a hospital or a GP, but where the death is unexplained in some way, a coroner is required to hold an inquest.

What is a Coroner’s Inquest?

A Coroner’s inquest is fairly restricted in its enquiries but generally the Coroner must investigate how and in what circumstances a person died. It is not the Coroner’s responsibility to attribute criminal or civil liability to anyone, there must be a finding of fact. An inquest will normally be held by the Coroner alone and he will not normally sit with a jury.

What are the Common Outcomes of an Inquest?

There are a number of potential verdicts open to a Coroner. The most relevant one’s in a case where medical negligence is involved are:

• Natural causes: Where death was caused by an illness or disease occurring naturally.
• Accidental death. Where the death arose purely as a result of an accident
• Neglect. Although this cannot be a verdict on its own, only in conjunction with another for example death by misadventure. This could include gross failure to provide adequate care to someone who was dependent upon that care
• Misadventure. Death caused as a result of deliberate actions although the consequence might have been unintended, such as medical treatment or lack of it.
• Open verdict. Where there is insufficient evidence to reach any other verdict.

Making a Fatal Negligence Compensation Claim

The costs of a Coroners inquest are unfortunately not covered by public funding and you will have to pay for your own representation. Given that a potential claim for medical negligence might be uncovered or supported by the findings of a Coroner’s inquest you may feel it is important to have specialist legal advice both for the Inquest and in pursuit of the claim for compensation.