Q&A We think Mum died due to hospital negligence. Can we claim compensation?

Q:      My mother was hospitalised after seeing her GP due to heart problems. She had been diagnosed with heart failure a couple of years ago but when she saw her GP her symptoms were severe and an ECG carried out at the surgery was abnormal. The GP told my dad to take her by car to hospital, as it would be quicker than waiting for an ambulance. At the hospital she was waiting in a chair for 3 days and 3 nights, because no beds were available. 

When she was eventually seen we were told by the Consultant that her heart failure had become advanced and they put her on different medication. However, my mother went into cardiac arrest a week later and died, and I believe the hospital are to blame. Could we make a claim for compensation on her behalf?

A:       Where a patient has passed away due to medical negligence their family can take legal action on behalf of their estate against the facility or healthcare professional whom it is believed was negligent. Medical negligence claims can however be complex so you should seek legal advice from a solicitor who specialises in such claims and who can guide you through each step of the claims process.

The claim would need to be brought by the administrator or executor of your mother’s estate and would include general damages for pain and suffering endured by your mother prior to her death, financial losses on behalf of the estate, including probate fees, and funeral expenses. In addition to this, any family members who had a financial dependency and relationship with your mother may have a right to claim for any losses of their own that occurred due to her death, and your father may be entitled to a bereavement award. You should gather as much evidence as possible to support your claim before making an appointment to see a medical negligence solicitor who can assess your chances of success.

This question has been answered by Claire Parfitt, a Senior Solicitor with GHP Legal.  If you would like to speak to someone about this or any other legal matter, please visit our website www.ghplegal.com and use the contact us form, or call us on: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194