A fatal medical negligence claim seeks compensation when you lose a loved one due to the negligence of a medical professional.  

Every medical professional owes the patient a duty of care. It could be fatal medical negligence if they breach that duty of care, causing the death of the patient.

If you lose a parent, child, life partner or a close relative, you may be able to make a fatal medical negligence claim.

Medical procedures can carry a risk. Even a simple injection could have repercussions if the patient has a fatal reaction to the medication.

A medical professional should follow guidelines to avoid medical negligence. If they do not, causing the death of the patient, it may be fatal medical negligence.

At Hughes & Associates Personal Injury Solicitors, we have the experience in making medical negligence claims. We can help when you lose a loved one due to fatal medical negligence by a doctor, GP, surgeon, or any medical professional. 

Hughes & Associates Personal Injury Solicitors in Dublin can make your fatal medical negligence compensation claim.

What is a fatal medical negligence claim?

A fatal medical negligence claim is when a death is caused by below-acceptable standard medical treatment, and relatives or dependents seek compensation for the negligence.

Medical negligence is treatment below a standard no other medical professional would provide in similar circumstances. When a wrongful death happens due to medical treatment below an acceptable standard, it may be fatal medical negligence.

A successful fatal medical negligence claim can get compensation for the family and dependents of the deceased person. The compensation can be for damages such as funeral expenses, loss of income, medical care before the loved one passed away, adaptions to the car and home, and other out-of-pocket expenses.

Dependents of the deceased make the fatal medical negligence claim for the effects of the loved one’s death on their lives today and in the future.

Hughes & Associates Personal Injury Solicitors in Dublin can look at the details of your case and see if you have a valid fatal medical negligence compensation claim.

Contact Hughes & Associates for help with your medical negligence claims.

Common claims for fatal medical negligence in Ireland

Common claims for fatal medical negligence in Ireland range from negligence in the A&E to medical negligence in cancer treatment and fatal medical negligence when making a diagnosis of stroke in a patient.

There are many types of fatal medical negligence, and dependents can make a compensation claim for their loss of income and other damages due to losing a loved one.

Some common claims for fatal medical negligence:

Delayed diagnosis fatal medical negligence claims

A delayed or late diagnosis fatal medical negligence claim can be for the effects of the GP, A&E doctor or the hospital consultant making errors in a diagnosis.

The delayed diagnosis can be:

  • Delayed diagnosis of the early signs of cancer by an oncologist
  • Delayed diagnosis of a stroke by the paramedic
  • Delayed diagnosis of a fatal heart attack by the GP

Any medical negligence leading to death, such as a delayed diagnosis of a condition, can lead to a fatal medical negligence claim for compensation.

Wrong medication fatal medical negligence claim

A wrong medication fatal medical negligence claim can happen if the nurse administers the incorrect medication or the GP prescribes a medication to which you have a fatal reaction.

Wrong medication fatal medical negligence can be:

  • A GP prescribes a medication contraindicated with an existing one
  • The A&E doctor administers too high a dose of a medication
  • The hospital consultant prescribes the incorrect medication for your condition

Medication errors can have significant impacts on a patient, including death.

You may also lose a loved one if the pharmacy makes an error with their medication in a case of pharmacy negligence.

The pharmacist can make a fatal medication error such as:

  • Giving the patient another patient’s medication
  • Giving the patient the wrong medication
  • Giving the patient a medication which has not been stored correctly

If a loved one has lost their life due to pharmacy negligence, you may be entitled to a fatal medical negligence claim.

Surgical error fatal medical negligence claims

Surgical error fatal medical negligence is when a surgical procedure is not performed to an acceptable standard and causes the death of a patient.

Fatal medical negligence due to surgical negligence may be:

  • The surgeon fails to inform the patient of alternatives to the surgery
  • The surgeon nicks an artery, causing shock and a fatal cardiac arrest
  • The surgeon fails to prescribe post-operative medication, leading to infection

Fatal surgical negligence can also happen due to medical negligence in post-operative care or in failing to prepare the patient for surgery.

Dependents may have a fatal medical negligence claim if they lose a loved one to surgical error.

Misdiagnosis fatal medical negligence claim

Misdiagnosis fatal medical negligence is when the patient suffers a misdiagnosis of their condition, which contributes directly to their early death.

A misdiagnosis in fatal negligence claims can be:

  • The paramedic misdiagnoses stroke as a headache
  • The oncologist misdiagnoses cancer as a digestion issue
  • The GP makes a misdiagnosis of a heart attack as muscle pain

Patients rely on the medical professional to make a correct diagnosis both in an emergency and in the case of the early symptoms of a condition such as cancer or diabetes.

A misdiagnosis could lead to a medical condition being beyond treatment, and the dependents may have a fatal medical negligence claim.

Failure to act fatal medical negligence claims

A failure to act medical negligence claims are for when the medical professional does not treat a patient correctly in an appropriate time when they are ill or injured.

It is the responsibility of a medical professional to act within the appropriate time when a patient may be suffering.

Failure to act in fatal medical negligence claims can be:

  • Failing to administer the correct medication in an emergency
  • Failing to treat a patient who is having a heart attack promptly
  • Failing to follow stroke or sepsis protocols as prescribed

The failure to act when a patient could be seriously ill or injured can waste valuable time in their treatment and could lead to their death.

You and other family members may have a fatal medical negligence claim if the medical professional does not act when the patient is showing symptoms of a fatal condition.

Hughes & Associates Personal Injury Solicitors have the experience to handle a fatal medical negligence claim and get the compensation loved ones deserve for their loss.

Compensation for fatal medical negligence

Compensation for fatal medical negligence is for when a loved one dies due to a lack of duty of care by a medical professional. The compensation is for the financial and emotional effects on dependents today and in the future. 

Dependents can claim compensation when a loved one passes away due to surgical negligence such as slicing an artery, GP negligence when the doctor fails to diagnose a heart attack, or hospital negligence when doctors fail to treat a stroke in A&E. 

The compensation is for the damages suffered today and in the future due to the fatal medical negligence. Dependents make a fatal medical negligence claim for the negligence by the medical professional and its effects on their lives. 

There are two types of damages in a fatal medical negligence claim in Ireland:

General damages in a fatal medical negligence claim are for the Loss of Amenity a loved one experienced before their death caused by the hospital consultant making a late diagnosis of cancer, the paramedic missing the signs of internal bleeding or the GP prescribing incorrect medication. 

Patients may suffer a loss of amenity, such as difficulty walking, exercising, or getting to work. 

Loved ones can also claim for the Pain and Suffering a family member suffered due to the medical negligence leading to their death.

Special damages in a fatal medical negligence claim are for the costs and expenses dependents will have due to the failure to diagnose sepsis or the fatal errors when treating cancer leading to the death of a loved one. 

Special damages in a fatal medical negligence injury claim could be:  

  •          Medical costs
  •          Loss of earnings
  •          Loss of income from the loved one
  •          Funeral expenses
  •          Travel costs 
  •          Cost of care
  •          Further treatment costs
  •          Cost of aids and equipment before the death 

Compensation in a medical negligence claim in Ireland combines the two damages when a loved one suffers any type of fatal medical negligence in their medical care. 

Hughes & Associates Personal Injury Solicitors can help dependents make a fatal medical negligence claim in Ireland.

A successful fatal medical negligence claim could see you and family members receive compensation. The compensation received will combine the two types of damages.  

Contact Hughes & Associates for help with your fatal medical negligence claim.

Who can make a fatal medical negligence claim in Ireland?

The family and financial dependents of a loved one who dies due to fatal medical negligence can claim compensation in Ireland. 

Fatal medical negligence can affect many family members and dependents of the deceased, and they can make a compensation claim. 

You may be able to claim compensation for fatal medical negligence in Ireland if you are:

  • The spouse of the victim of fatal medical negligence
  • A parent of the deceased
  • A step-parent of the deceased
  • A grandparent of the deceased
  • A child of the deceased
  • A step-child of the deceased
  • An adult-dependent of the deceased
  • Family members who relied on the deceased for care and financial support
  • A sister or brother of the deceased
  • A half-brother or sister of the deceased

Dependents and family members may be able to claim for loss of income and other financial losses due to the death of a loved one in a case of fatal medical negligence. 

Hughes & Associates Personal Injury Solicitors can help dependents make one of the common claims for fatal medical negligence in Ireland.

Who is responsible for fatal medical negligence?

A medical professional who breached their duty of care to a patient, causing their death, is responsible for the fatal medical negligence.

If you lose a loved one due to medical negligence, you will want to find out who is responsible. Every medical professional must provide care of an acceptable standard.

If a medical professional provides care below the standard any other doctor, GP or consultant would provide, it could lead to death and a claim for fatal medical negligence.

The medical professional responsible for fatal medical negligence may be:

  • A surgeon
  • An A&E doctor
  • A nurse on the wards
  • A nurse in A&E
  • The hospital consultant
  • The consultant in private rooms
  • The GP
  • The paramedic
  • The pharmacist
  • The radiologist
  • The hospital lab technician

When you lose a loved one, it can have a significant impact on your life and that of other dependents. If the death could be caused by a medical professional, you may have a fatal medical negligence compensation claim.

Hughes & Associates Personal Injury Solicitors can help dependents make a fatal medical negligence claim in Ireland.

Fatal hospital negligence

Fatal hospital negligence is when the care received by a patient in a hospital is below an acceptable standard and contributes to their death.

Hospital negligence can lead to a condition worsening or possibly the death of a patient in the care of hospital medical professionals.

Fatal hospital negligence could be due to:

  • Inadequate control of the spread of infection in the hospital
  • Poor hygiene standards by hospital administration
  • Hospital administration errors causing delays in cancer treatment
  • Hospital administration causing errors in testing and diagnosis
  • The hospital recruiting poorly trained medical professionals
  • The hospital not recruiting enough suitably trained medical professionals
  • The hospital not having HSE recommended staffing levels

Hospital negligence can affect every area of the hospital. It can cause staff shortages and rostering problems in A&E, maternity and every department.

If you lose a loved one due to fatal hospital negligence, you may have a fatal medical negligence compensation claim.

At Hughes & Associates Personal Injury Solicitors we know how to make a fatal medical negligence claim in Ireland.

How to make a fatal medical negligence claim in Ireland

To make a fatal medical negligence claim in Ireland, you need only make a few easy-to-follow steps, from talking to a personal injury solicitor to filing the compensation claim. 

At Hughes & Associates Personal Injury Solicitors, we want to make a fatal medical negligence claim as easy as possible, as we know from experience how upsetting it is for family members and dependents. 

They have gone through the effects of losing a loved one due to fatal medical negligence, and we can help them take the steps to a successful compensation claim. 

The steps are designed to provide an efficient and effective way to make a fatal medical negligence compensation claim.

The first step to making a fatal medical negligence claim is to contact a personal injury solicitor. 

You can contact Hughes & Associates Personal Injury Solicitors today and outline the issues you, the family, and other dependents have experienced.  

In many circumstances, a fatal medical negligence claim can be complex and very personal. 

We will take the time to understand the situation and build a professional relationship with you.  

You and your solicitor work together to create your compensation case for the loss of a loved one due to fatal medical negligence. 

One of the main aspects of this step is to gather evidence. We will want to look at the medical records, hospital A&E notes, and any other accounts related to the case.  

We can call on other medical experts to develop the fatal medical negligence claim and see what happened in your loved one’s negligence case. 

The solicitor helping you with the case will know what areas of evidence to cover and what will help your compensation claim.  

Submission of the letter of claim to the negligent party is the next step in the fatal medical negligence claims process. 

In the letter of claim, your solicitor will outline the details of your case and how your loved one suffered fatal medical negligence. 

The negligent party could be the HSE, hospital authority, local GP practice, or medical care clinic. 

In most cases of fatal medical negligence, the letter of claim will be handled by the insurers of the negligent party.

Dealing with the reply to your letter of claim is the next step in the fatal medical negligence case. 

The negligent party, through their insurance company, will make a written reply to the letter of claim within a matter of months. 

In the letter of reply, they may admit to the fatal medical negligence, offer compensation, or deny liability for the medical negligence claim. 

You may need to go to court if the negligent party denies responsibility for the fatal medical negligence or does not offer an acceptable level of compensation for the loss of a loved one.

Court proceedings can be the next step if the defendant rejects the claim or you and the other dependents feel they should receive more in compensation. 

Court proceedings are rare, although your Hughes & Associates solicitor will be prepared. We may look to gather further evidence to support your claim when it comes to a court hearing.  

Often, a fatal medical negligence claim is settled on the morning of the court case when the negligent party realises you are not backing down and they look at your evidence or your expert witness. 

When the court case is successful, the process of paying compensation for fatal medical negligence claim will follow.  

Hughes & Associates Personal Injury Solicitors can make the fatal medical negligence claim against the negligent party responsible for the death of a loved one.

How long do you have to make a claim for fatal medical negligence?

You have two years from the date of death to make a claim for fatal medical negligence.

In all cases of medical negligence in Ireland, you will have a period of two years following the date of the death to make a compensation claim.

It may be possible to extend the two-year limit if you can show a ‘date of knowledge’ clause in your case. The date of knowledge of medical negligence is the date when you realised the medical negligence occurred.

In fatal medical negligence, you may be able to show that the death of a loved one from cancer is related to a misdiagnosis, delayed diagnosis, or missed diagnosis and trace the causes of death beyond the two-year date of death limit.

Your date of knowledge is when you realised the death of the loved one was due to medical negligence.

Please contact Hughes & Associates Personal Injury Solicitors if you have any queries regarding the time limits of fatal medical negligence claims.

Make a fatal medical negligence claim today

Make a fatal medical negligence claim today by contacting Hughes & Associates Personal Injury Solicitors in Dublin. 

You could have a compensation claim for fatal medical negligence if you lost a loved one due to errors during surgery or if they were prescribed an incorrect medication by the GP.

A loved one may have died due to an infection contracted in hospital or when a paramedic failed to diagnose a stroke in time.  

The costs of fatal medical negligence can be large medical bills, the loss of income into the home, funeral expenses and the care needed for a loved one before they died, and you may make a fatal medical negligence claim.

Contact Hughes & Associates Personal Injury Solicitors today for a confidential and professional service with your fatal medical negligence compensation claim.

Contact the Hughes & Associates Team