Fatal clinical negligence
The pain of losing someone is overwhelming and incredibly distressing, no matter what the cause. This is made even more difficult when there are questions over whether their death could or should have been avoided.
We all trust doctors, nurses and the NHS, and in our time of need, we expect them to do everything they can to help. Sometimes however, there can be questions surrounding the circumstances of a loved one’s death. At such times, we rightfully need to find out what happened.
Right now you may have a million questions going through your mind. Should this have happened? Could they have been saved if a different decision had been made?
You deserve a clear explanation and timeline of the events and actions taken. There is nothing that can prepare you for the loss of a loved one. Sadly when a mistake has been made, it is hard to find out whether the mistake should have been avoided.
We have a team at Digby Brown who deal specifically with deaths occurring in medical circumstances and can help you to find the answers you deserve.
Understanding fatal clinical negligence
When a patient is under the care of a medical professional, they are entitled to receive a legal duty of care. Medical professionals have an obligation to act in the best interest of the patient.
If this is breached in any way and the patient passes away as a direct result of that breach, then there may be grounds to pursue a claim. There are numerous ways in which a patient's death may have been caused by medical negligence including:
- Errors which are made during surgery
- Incorrect diagnoses leading to a delay in treatment or no treatment at all
- Failure to provide correct treatment for a diagnosed or undiagnosed condition
No amount of compensation can reverse time or bring them back. But it may help bring you some sort of closure.
Who can make a claim?
In Scotland the law states that there are only certain relatives who can claim for fatal injury due to medical negligence. These are typically relatives of the patients who have died such as:
- Spouse or partner
- Children or step-children
- Parents
- Grandparents
- Grandchildren or step-grandchildren
- Siblings
Dealing with an unexpected death can be very distressing for relatives. We are here to support you through this difficult time. We will also tell you if you may be able to claim for something called ‘transmissible solatium’. This represents the pain and suffering that your loved one experienced before their passing.
Clinical negligence claims procedure
The process of making a fatal accident claim can seem overwhelming, but understanding each step can make it more manageable. We need to know if we can pursue the claim for you and to do this we will carefully review the information available including:
- Significant Adverse Event Review (SAER)
- This is a review by the health board to see if there are any underlying causes or system failures which could be identified and linked to the cause of death.
- Complaint response from the medical profession
- Once you have made your complaint to the NHS health board or GP Surgery, then you will want a response from the medical professional who handled your case. You need to submit your complaint before you can submit a clinical negligence enquiry.
Is there a time limit to make a claim?
For personal injury claims in Scotland you generally need to have settled or raised an action in Court within three years from the date of injury. This is often referred to as the time bar. In the case of fatal compensation claims caused by medical negligence this would be three years from the date of the wrongful death.
You must speak to a solicitor as soon as possible to give them time to gather the evidence needed to support your case.
No win, no fee personal injury solicitors
The expression “No win, no fee” is often used in personal injury cases. It is used as a way of funding a compensation claim where the accident victim does not have the means to pay for the costs involved as the case progresses.
A number of solicitors are prepared to handle personal injury cases on a “No Win – No Fee” basis but very few are able to offer their clients complete protection if the case is unsuccessful.
In that event, the client could end up being liable for many thousands of pounds in legal expenses or the case won't be fully investigated and therefore likely to under-settle.
Compensate 'no win, no fee' funding
Digby Brown has its own funding company, Compensate, which provides the funding to allow the case to be fully investigated, employ the best experts surrounding the circumstances of the accident and/or injuries sustained and where and if necessary go to court.
If for whatever reason the case is unsuccessful, Compensate pays all your legal expenses and those of your opponent – you pay nothing.
On average our clients receive over 3 times the pre-litigation offer
Because of Compensate funding Digby Brown's success rate is extremely high and on average our clients receive three times the pre-litigation offer.
In the event the case is successful, a small percentage of your damages will be deducted with VAT to pay for this service. The percentage which Compensate will charge depends on the degree of risk involved. We believe that this is the fairest method of giving clients access to justice whilst ensuring their cases are fully investigated, prepared and funded.
Don’t take our word for it, just read many of the court decisions and case studies on our website.
Beware of compensation offers which may be too good
We know you will have seen many adverts offering 100% compensation or telling you that you will not lose any of your compensation, however we believe there are a number of problems with companies that do this.
- How do they make their money if they don’t charge you anything?
- If they aren’t taking any money from you, the client, what incentive do they have to ensure you receive the right level of compensation, appropriate to the injuries you have sustained?
- Fully preparing a case, finding out exactly what happened and what the consequences of your injuries may mean in the long term, is expensive, how do they do this properly?
- If they aren’t fully preparing these cases will they just accept the first offer they are given on your behalf by the Insurance company?
- It makes simple business sense, the less work they do the higher their profit margin is - they simply have no incentive to work harder on your behalf.
- These adverts in the main are from English firms on national television which operates in a different way and therefore wouldn’t apply to a Scottish person.
We know from the many client cases we mandate from other firms of solicitors (in the main at the request of the client who is extremely unsatisfied with the service received for the other firm) that many shortcuts are taken in preparation and that the first offer received is being recommended for acceptance, regardless of the value.
Getting something for nothing is usually the first sign of poor service.
Correct level of compensation with Digby Brown
Our experience and statistics show time and time again we will achieve the correct level of compensation which will be substantially more than the insurer is initially prepared to offer.
Even after we have deducted our percentage as a success fee you will gain considerably more than you would have achieved using a 100% compensation model.
Contact Digby Brown's personal injury solicitors
We have offices across Scotland in Glasgow, Edinburgh, Dundee, Kirkcaldy, Inverness, Aberdeen and Ayr.
For further information about no win, no fee, or anything else, call us on 0333 200 5925 or fill in our enquiry form below and someone will get back in touch with you.
Here to support you
Over the years Digby Brown has helped many families to seek compensation from providers across Scotland. We are here to support you in whatever way we can which is why we provide free legal advice.
We understand how tough this time will be for you. Please get in touch to see if we can help you through this incredibly distressing time. You can enquire using our clinical negligence form or if you would rather talk to someone please call our Legal Enquiry Team. The more information you can provide to us the better.
Why choose Digby Brown?
Our team are experts in clinical negligence law with the experience and expertise to guide you through your claim. The firm is a member of Action Against Medical Action (AvMA). This is a group of medical experts who give independent advice and assist solicitors in requesting medical experts as well as helping those who want to make a claim with relevant help and advice.
Ruth Kelliher, Partner and Head of the Clinical Negligence team at Digby Brown has multiple years of experience. She is recognised as a specialist by Chambers Legal Guide as well as holding specialist accreditation from The Law Society of Scotland. The majority of the team also holds specialist accreditation with the Law Society of Scotland.
All of the team are dedicated to supporting you and will act in your best interests to give you the compassionate guidance you need throughout this challenging time.
Frequently asked questions
Some of the most asked questions relating to fatal claims.
Why should I pursue a claim?
At the end of the day, we understand that this isn’t about money. It’s bigger than that. You want answers and for people to face the consequences of their actions so it does not happen again.
The loss of your loved one may have left you struggling financially, and that is where we can help. This money can help to provide you with the financial security you and your family need.
How difficult is it to prove my case?
Unfortunately, we cannot take on all the cases we review because, at times, a patient dies due to factors beyond the control of the medical professional. In situations involving hospital procedures or pre-existing illnesses, it becomes extremely challenging to distinguish between an inevitable outcome and negligence that may have contributed to the death.
What happens if other things are revealed during the investigation?
If the investigation report identifies failures in medical treatment, you should contact Digby Brown so that we can give you advice regarding a potential claim. Our specialist team will be happy to provide free preliminary advice and answer any questions you may have.
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