Legal representation at inquests

We find that the enquiry can help families understand what happened to those close to them and in certain cases can be an ideal forum for calling for further steps or measures to be taken to prevent similar deaths occurring in the future.

What is an Inquest?

An Inquest is a fact finding enquiry to try and establish how a person came by their death. The purpose of an Inquest is not to decide who is to blame or to establish that a civil claim for compensation will be successful.

What does an Inquest involve?

• In a case involving medical care, the Coroner will gather evidence from the witnesses which could include doctors, nurses and a Pathologist who will probably have performed a post mortem examination. Family members and friends may also be called to help establish the facts surrounding the death.
• A solicitor may need to get medical records and other documents held by the Coroner or others before the hearing.
  
• At the Inquest the Coroner will question the witnesses, including family members, under oath.
• The family will be given the opportunity to ask questions of the witnesses. This can be a daunting prospect at a very difficult and emotional time. This is often why families choose to have a solicitor represent them.
  
• It is possible for your solicitor to put legal argument to the Coroner regarding the way in which the Inquest is held or the verdict.
• If the Coroner feels action is necessary to prevent more deaths in similar circumstances, he or she may pass on information or make recommendations to other relevant authorities.

The Verdict

The Coroners’ Rules specify the different verdicts that are available. In cases involving medical treatment verdicts are usually:

• death by natural causes
• accidental death/misadventure
• neglect
  

or there is an option for a Coroner to return a narrative verdict which is a brief statement including the facts which led to the death.

The Coroner cannot apportion blame in the verdict.

Is there a compensation claim?

There may be a claim for compensation if it can be proved that sub-standard medical treatment caused or contributed to the death. The evidence given at the Inquest should help the family’s solicitor advise you about a claim.

Most claims must be started within 3 years of a death. Again, a solicitor will be able to advise.

How much will it cost?

Whilst Public Funding is not generally available for representation at an Inquest, subject to your financial circumstances, you may be able to get Public Funding to pursue a Clinical Negligence claim.

Alternatively, other methods of funding available include:

• conditional fee agreement
• legal expenses insurance
  

A solicitor should discuss with you the various funding options at the outset before any claim is started.

If you have lost someone as a result of a medical accident or because of sub-standard care or management the law may be able to help you find out what happened and why and in some cases recover compensation. At patientlawyers.com we will try our very best to help you through this difficult time.

Contact us for further information on inquests or visit our guides and brochures section.