Losing a loved one is a difficult and emotional time. This is compounded when there are question marks surrounding the cause of death. What if½?
Occasionally hospitals and GPs can unwillingly contribute to a person's death by providing inappropriate treatment, or in some circumstances, by not providing treatment at all. In these situations not only do family members have to contend with the loss of their loved one, they also have to deal with the knowledge that had things been different, their loved one may still be alive.
At Wake Smith we acknowledge that no amount of money can ever make up for the loss of a partner, parent, child, sibling or any other family member, but you should be aware that if a loved one's death could have been avoided had they received proper medical treatment, you may be able to make a clinical negligence claim.
There are 3 different types of claims that a person can make if medical negligence contributed to the cause of a loved one's death.
A Bereavement Clai
Under the Fatal Accidents Act 1976, a claim for bereavement damages can be made by a surviving spouse or a parent of a child under 18 for a set award that currently stands at £11,800. In addition the cost of any funeral expenses can also be claimed.
A Dependency Claim
Under the same Act a dependent of the deceased can make their own compensation claim for the loss of 'support' they would have received if the deceased was still alive. Dependency is a matter of fact and as well as including financial support, it can also include what are known as fringe benefits, which include items such as health insurance. In addition the claim can also include 'personal services' provided by the deceased to the person claiming. Examples of such personal services would include the role of a Mother to a child and care provided to a disabled spouse.
To qualify for a dependency claim a person must fall within a class of person defined by the Act. This class is relatively wide ranging and includes, but is not limited to, a surviving spouse or civil partner, a cohabitee of more than 2 years, parents, children, grandparents and grandchildren. The Act also allows for persons treated as children or parents, which would include step-parents or step-children.
A Claim on behalf of the Estate
Under the Law Reform (Miscellaneous Provisions Act) 1934 a claim can also be made by a person's Estate, so long as that claim was available to the deceased before his or her death. This claim will essentially constitute a claim for the pain, suffering and loss of amenity of the deceased (amenity meaning the loss of a person's enjoyment of life). Unfortunately these financial awards are usually relatively modest and would not normally justify bringing a standalone claim.
At Wake Smith we pride ourselves on being able to provide expert advice and support to families during this difficult and emotional time. For further information please contact John Vallance at [email protected] or call 0114 266 6660.
