Dealing with the death of a family member is never easy, let alone when the circumstances around their passing involve potential negligent medical treatment which may have caused or contributed towards their death.
Who can claim for a medically negligent death?
If you have had the unfortunate experience of losing a loved one due to negligent treatment, it is possible to make a claim on behalf of their estate.
The claims process is generally started by the closest living family member of the deceased, such as their next of kin, son or daughter, or sibling. However, it’s necessary to be the personal representative of the deceased in order to have the legal authority to formally bring a claim on behalf of their estate.
If the deceased had a will in place which appointed an executor at the time of death, the executor of the will can formally instruct a solicitor to take on the case. The executor is typically a close family member, and they will also need a Grant of Probate.
If there is no will in place, a grant of letters of administration will be needed instead to appoint a personal representative (for example a spouse, parent, or child).
When I can claim for a clinical death?
Provided the negligent event occurred within three years of the death of your loved one, you will have three years from the date of their death in which to bring a claim.
Where it is necessary to obtain a grant of probate or letters of administration, this can be a lengthy process and we would always suggest you act as quickly as possible to bring a claim so there is plenty of time to investigate and deal with the necessary steps.
Examples of clinical death claims:
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