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Can I pursue a clinical negligence claim on behalf of a relative who has died during – or as a result of – medical treatment?

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Can I pursue a clinical negligence claim on behalf of a relative who has died during – or as a result of – medical treatment?

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Yes, as long as you were a close relative. Claims involving fatalities are for “bereavement damages” (i.e. compensation for the loss of a loved one) which, as a matter of law, may only be claimed by a very limited category of people: the spouse of the deceased or, if the deceased was a child, his or her parents. It is also possible to claim for loss of financial support from the deceased (a “dependency” claim). Such damages are available to a wider group of people – including children, siblings, and “common-law” partners, as well as parents and spouses – but only if you can show that you were dependent on the deceased for part or all of your income. As you can see, this is quite a complicated area of the law, but we will happy to talk you through it in detail: please feel free to contact us.

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