Article by Bryony Doyle,, solicitor specialising in medical negligence at JMW Solicitors
If medical failings are found to be a factor during an inquest, it can be an overwhelming and emotional experience for the affected family and individuals. An inquest is a judicial inquiry to determine the cause of a person’s death, often held in cases of sudden, unexplained or suspicious deaths.
When medical failings are identified, it implies that there were lapses in the standard of care provided. Understanding the next steps is essential for seeking justice and accountability, and potentially preventing similar incidents in the future.
Obtain and Review the Inquest Findings
Once the inquest concludes, the coroner will provide a written conclusion summarising the findings. This document will detail the medical failings and their contribution to the death. It is essential to obtain a copy of this conclusion for your records. Carefully review the findings to understand the specific failings and the role they played in the person’s death.
Seek Legal Advice
Consulting with a solicitor who specialises in medical negligence and inquest law is a vital step. They can offer expert advice on the implications of the inquest findings and outline what they may be able to do to help your family find justice. . Your solicitor will help you understand your rights and the legal avenues available for holding the responsible parties accountable.
Consider a Medical Negligence Claim
If the inquest identifies that medical failings contributed to your loved one’s death, you may have grounds to pursue a medical negligence claim. This legal action aims to obtain compensation for the harm caused by substandard medical care. To proceed with a claim, your solicitor will typically:
Gather Medical Records and Other Relevant Evidence
The first step in building a medical negligence case is to compile all pertinent medical records. This includes hospital records, treatment notes, test results, and any other documentation related to the medical care received. These records provide a detailed account of the treatment and are essential for establishing the facts of the case. In addition to medical records, other evidence such as witness statements, photographic evidence and personal accounts may also be collected to support the claim.
Consult with Medical Experts
Establishing a breach in the duty of care requires the expertise of medical experts . Your solicitor will engage with independent medical experts who can review the evidence and provide an unbiased opinion on whether the standard of care was met. These experts assess whether the healthcare providers acted competently and within the expected standards of the medical community.
If a breach of duty is identified, the experts will also need to determine causation, meaning they will evaluate whether the breach directly resulted in harm or death. This expert opinion is important to substantiate the claim in court.
Start the Claim Within the Statutory Limitation Period
It is important to be aware of the statutory limitation period for starting a medical negligence claim. Typically, the claim must be initiated within three years from the date of death, or from the date the negligence was discovered, whichever is later. This time limit is strictly enforced, and failing to start the case within this period can result in the claim being barred. Your solicitor will ensure that all necessary documents are prepared and submitted promptly to meet this deadline.
Report to Regulatory Bodies
Medical professionals and institutions involved in the failings may be reported to regulatory bodies such as the General Medical Council (GMC) or the Nursing and Midwifery Council (NMC). These organisations can conduct their own investigations and take disciplinary actions against the practitioners involved. Your solicitor can assist in preparing a comprehensive complaint to these bodies.
Engage with Patient Advocacy Groups
Patient advocacy groups can provide support, resources and guidance throughout this process. They can help you connect with others who have had similar experiences and offer emotional and practical support. Advocacy groups can also assist in campaigning for systemic changes to improve patient safety.
Explore Alternative Dispute Resolution
In some cases, it may be beneficial to pursue alternative dispute resolution methods such as mediation. Mediation can provide a less adversarial forum for resolving disputes and can sometimes lead to quicker and more satisfactory outcomes. Your solicitor can advise on the suitability of mediation for your case.
Discovering that medical failings contributed to the death of a loved one is a distressing revelation. However, understanding the subsequent steps can empower you to seek justice and contribute to preventing similar tragedies. Consulting with a legal professional, considering a medical negligence claim, reporting to regulatory bodies, and engaging with advocacy groups are vital actions. Through these steps, you can address the failings, hold those responsible accountable, and advocate for improved patient safety in the healthcare system.
Article by Bryony Doyle, solicitor specialising in medical negligence at JMW Solicitors