Death Due To Clinical Negligence

Pursuing A Medical Negligence Claim When The Individual Has Passed Away

In cases in which an individual experienced medical negligence whilst they were alive but are no longer here to pursue a claim, the Executor of their estate can pursue the claim. The Executor can pursue a claim for the pain and suffering caused to the individual, before their death.

In Scotland, close relatives (spouse, parents, children, grandchildren, grandparents, and siblings including step relatives) of an individual who has died as a result of negligence can pursue a claim for loss of society under s4(3) of the Damages (Scotland) Act 2011.

To pursue a loss of society claim, we must be able to prove that negligence caused or contributed to the individual’s death. The deceased’s relatives are each compensated for the loss of their relationship, support and guidance of that family member in their life.

In certain circumstances, on which negligence occurred during the individual’s lifetime but they are no longer here to pursue the claim, the Executor can also pursue the claim on behalf of the estate, even if the negligence did not directly result in death.

For example, where a delay in diagnosis of incurable cancer occurs, which shortens the individual’s life and which can affect their overall quality of life but does not directly result in death.

Time Limits On Claiming Clinical Negligence Compensation

To pursue a claim for medical negligence in Scotland, Court proceedings must be raised and served on the negligent organisation or individual professional, three years from the date in which you could reasonably be expected to have become aware of the negligence or in fatal claims, three years from the date in which the individual died.

For negligence pertaining to children, the time limit in which to raise the claim in Court is three years from the date of their 16^th birthday.

Why Choose Jones Whyte for Fatal Medical Negligence Claims?

Jones Whyte has earned recognition for excellence in medical negligence claims. As highlighted by the thousands we have won our clients in compensation, our firm is among the top law firms in Scotland for clinical negligence.

With a team of highly skilled solicitors, we have successfully represented clients in various fatal medical negligence cases, including high-profile instances. Our commitment extends to supporting families through coroner’s inquests and providing free, no-obligation consultations to discuss their case.

Jones Whyte also do not charge anything at all upfront, many firms will charge you thousands for specialist medical reports. We work on a 100% no win no fee basis.

For more information or to speak with one of our specialist lawyers, call 0800 292 2043 or request a callback via the contact us form.