The Taylor&Emmet Blog

Losing a loved one – what are your rights?

blue_paulfouad_panelThe consequences of medical negligence can be devastating for the person who has suffered the actual negligence, but in cases where a patient has died, the aftermath for the spouse or partner of that person, is often overwhelming. Life is often difficult to adjust to both emotionally and financially.

I have recently acted for a gentleman who brought a claim on behalf of his late wife against Buckinghamshire Healthcare NHS Trust. Doctors failed to recognise and treat a deep vein thrombosis (DVT) after she suffered a quad bike accident on holiday. She was described as being in tears due to pain in her leg on the plane home and was assessed at A&E soon after landing, but was discharged. The DVT developed into a pulmonary embolism and our client’s wife sadly died a few weeks later.

I took the case over from another firm who could not progress matters further. I obtained supportive expert evidence and liability was admitted quickly by Buckinghamshire Healthcare NHS Trust. I advised our client that he was entitled to compensation under the Law Reform (Miscellaneous Provisions) Act 1934 for compensation including:-

  • Pain and suffering in the build up to her death
  • Funeral expenses and also under the Fatal Accidents Act 1976 for:-
  • The loss of any financial support his wife had provided him with, through her employment.
  • The loss of support of his wife in terms of assistance around the home.
  • A statutory bereavement award fixed at the time of death at £11,800.

A settlement of £200,000 was eventually negotiated. It was gratifying to secure an outcome and apology that our client was very grateful for despite such tragic circumstances.

If you or a loved one may have suffered significant damage as a result of a failure by a medical professional please call us and we will be happy to have a no obligation chat with you. Call 0114 2184129 to speak to a member of our Clinical Negligence team.

Paul Fouad

Paul Fouad is a partner in the clinical negligence department. Paul is a member of the Law Society’s specialist clinical negligence Accreditation Panel. For more information on this topic email paul.fouad@tayloremmet.co.uk or call her on 0114 218 4105.

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