Medical negligence: death of a loved one

Who can make a medical negligence claim for wrongful death?

You may be able to make a medical negligence claim if you are able to prove that the medical treatment your loved one received fell below an acceptable standard and resulted in their death. There are two types of claims: 

Psychological injury claim

If you have suffered a psychological injury as a result of the death of your loved one, you may be eligible for compensation.

Dependency claim

If you (and/or your children) were dependent on the person who died from negligent medical care, you may be eligible to claim for loss of income.

These types of claims are complex and are different from medical negligence claims where an injury has occurred. It's important to seek legal advice as soon as possible. 
 

What is considered medically negligent death?

Some examples of negligent treatment that results in death may include:

• misdiagnosis of a condition or illness, such as delayed diagnosis, incorrect or wrongful diagnosis or failure to make any diagnosis
• injury and consequent death due to surgical mistakes
• incorrect emergency medical advice, diagnosis or treatment
• failing to provide post-operative care with reasonable care and skill
• failure to adequately interpret diagnostic tests
  
  

What compensation can I claim for the death of a loved one due to medical negligence?  

The compensation and benefits you may receive for the wrongful death of a loved one depends on the law you're covered by and the state you live in.

Whether your claim relates to a psychiatric injury or a loss of dependency, the compensation can cover past, present and future expenses and losses including:

• Expenses relating to a psychiatric injury, including medical expenses and pharmaceutical expenses
• Loss of earnings and/or earning capacity resulting from a psychiatric injury
• Loss of financial support that would have been provided by the person who died
• Loss of services provided by the person who died
• Funeral expenses
   

Can Maurice Blackburn represent me at a Coronial Inquest or Coroner's Court?

Sometimes, where a person has died following or as a result of medical treatment, the Coroner may undertake an investigation into the circumstances and/or cause of the death. 

If the Coroner is investigating the death of your partner, child or loved one, our expert lawyers can explain the investigation process, provide you with advice about your legal options, and we may represent your family at any public hearing (an ‘Inquest’) held by the Coroner.

While it isn’t necessary to be represented by lawyers during an investigation or Inquest, we know from experience that these matters can be complicated and we may recommend that we represent you.