Can a clinical negligence claim always be made when death is linked to treatment?
The short answer to this question is no, not always. There are certain factors that have to be considered when deciding whether or not it is possible to make a claim in respect of someone’s death. There are some cases in which death occurs naturally due to the initial condition the patient was suffering from or the treatment they were given. Even in cases where the treatment administered could give rise to criticism, it is not always possible to pursue a claim for compensation. In order to make a clinical negligence claim in respect of the death of a family member, it must first be possible to prove that there was negligence on the part of medical staff and this was linked to their death. It is also important to establish that the outcome would have been different had the treatment been correct as, if it is unlikely to have made any real difference, a compensation claim might not be possible.
Related Questions
- Can I pursue a clinical negligence claim on behalf of a relative who has died during - or as a result of - medical treatment?
- How long can I wait after the medical treatment until I make a clinical negligence claim for compensation?
- Can a clinical negligence claim always be made when death is linked to treatment?
