Suicide can have a detrimental effect on everyone involved and the family and friends who are affected. This is especially prevalent when this could have been prevented by medical intervention. Your loved one could have taken their life due to failings in the mental health system and the NHS.
The tragic instances where families have lost a loved one due to substandard care could give rise to a medical negligence claim and as such entitled to compensation. Sadly, there were 5,691 suicides in England and Wales in 2019.
Why make a claim
Understanding what has happened to your loved one can be one of the big drivers for a claim. However, you may, during the claim for compensation, be able to receive the following:
- An apology
- Monetary compensation if you were financially dependent on the loved one
Here at Oakwood Solicitors Ltd, we have an understanding of just how suicide can affect the family and treat the claim with the compassion that it deserves. Whilst providing the empathy, support and guidance these cases require.
We may also be able to assist with inquest hearings. To provide support and assistance to the families of the lost loved ones through this difficult time.
Grounds of a claim
A claim can be made on behalf of a person who has attempted or committed suicide when under the supervision of the NHS or medical practitioners. Claims of this nature normally as a result of:
- A failure to make appropriate referrals or urgent referrals
- Failure to arrange and provide supervision
- Incorrectly discharging for services
- Shortage of beds
- Failure to risk assess appropriately
- Failure to provide the patient with a safe environment away from harmful materials
Who can make a claim?
A claim of this nature can be pursued by anyone who is defined as a ‘dependent’ of the person who has died. These can include:
- Spouse
- Children of the deceased
- Parent of the Deceased
- Brother, Sister, Aunt, Uncle
- Other people who are to be considered dependents
An executor or administrator can bring a claim for clinical negligence on behalf of the Deceased’s estate. A Will or a Grant of Probate will be required in order to pursue a claim. Information on Wills and Grants of Probate can be found here.
How do I make a claim?
You may feel that a medical professional may be at fault. If you consider this to be the case then you may be entitled to compensation.
The team at Oakwood Solicitors Ltd will be able to give you free advice on the prospects of your case and whether you would be eligible to make a claim.
How soon must I commence my claim?
You have three years to bring about a claim from the date of the incident or from the date of death, so do not delay. We add that this three-year period will not apply to everyone and therefore if you believe you have been affected, please contact us as soon as possible to discuss this aspect further.
How long will my case take to run?
Given the complexities involved in pursuing Clinical Negligence claims, they can often take 18-24 months to conclude and longer if Court proceedings have to be issued. Our investigations start by obtaining all relevant records and protocols before approaching independent medical experts for their opinion.
We will provide you with regular updates on the progress of your case to ensure that you are kept up to speed.
How much is my claim worth?
It is often difficult to value clinical negligence claims at their outset given the complexities involved, however we will pursue two forms of compensation for you:
Firstly, we will pursue compensation known as general damages. This is an award of money for the pain and suffering you have endured as a result of the negligence.
Secondly, we will pursue compensation known as special damages. This is an award of money for all of your out-of-pocket expenses such as travel expenses, medication costs, loss of earnings, loss of consortium (family relationships) and a Fatal Accident Act reward. This list is not exhaustive and is very case-specific.
Why use Oakwood Solicitors Ltd to make your medical negligence case?
We have a dedicated team of solicitors and paralegals who have many years’ experience running cases of this nature. They are highly trained to deal with all aspects of clinical negligence.
We want to ensure at Oakwood Solicitors that clients are not overwhelmed by legal jargon (medical terms that they don’t understand), and to allow the claims procedure to be as transparent as possible.
How is my case funded?
The majority of Clinical Negligence cases are funded by a Conditional Fee Agreement (CFA), more commonly known as a “no win no fee” agreement. This means that there will be nothing to pay upfront and nothing to pay if the claim has been lost. If you are successful in your claim a deduction of 25% of damages will be taken to cover the success fee and the shortfall in legal fees.
It may also be the case that an After the Event (ATE) insurance policy will be obtained to cover the costs of expensive medical reports and investigations. If an ATE insurance policy has to be obtained, the cost of this will be discussed with you at the appropriate point.
The cost of the ATE insurance policy is again taken from your damages and only payable if you are successful with your claim.
WHAT TO DO NEXT
Get in touch today for a free, confidential initial consultation regarding the potential of your case gaining compensation. Speak to us via our web chat feature, or call us on 0113 200 9787 to find out how we can help you.
Suicide can have a detrimental effect on everyone involved and the family and friends who are affected. This is especially prevalent when this could have been prevented by medical intervention. Your loved one could have taken their life due to failings in the mental health system and the NHS. The tragic instances where families…
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