Inquests & fatal accidents
An inquest is a public hearing held by a coroner following a death. An inquest would usually be held where the cause of death is unclear, for example as a result of an accident, industrial disease or as a result of medical treatment.
Deaths are usually reported to the coroner by a doctor or the police. Out of all the deaths reported to a coroner only about 10% to 13% lead to an inquest.
The coroner will decide whether to order a post mortem (or autopsy) which would be carried out by a pathologist. Sometimes the cause of death will be clear once the post mortem has been carried out but if not the coroner will proceed to hold an inquest.
It is important to understand that the purposes of an inquest is not to apportion blame. The purpose is to determine answers to the following four questions:
- who the deceased was
- when they died
- where they died
- how they died.
Inquests will usually not be held until several months after the death. At the inquest the coroner will hear all the evidence and will reach a verdict as to the cause of death. Most inquests are held without a jury.
The family of a deceased are entitled to ask questions at the inquest or to be represented by a lawyer or barrister.
Many families are daunted by the prospect of standing up at an inquest to ask questions and we are regularly instructed by families to help them prepare for an inquest and to represent them.
In preparing for the inquest we will obtain copies of the deceased's medical records, discuss with the deceased's family any concerns they have relating to the death and prepare questions to be put to the medical staff who will be called to give evidence. Sometimes we will obtain independent medical experts' reports to assist us in preparing these questions.
If the deceased died during the course of medical treatment and there are concerns that the treatment caused or contributed to the death, a clinical negligence claim may follow the inquest.
Important information can come to light during the course of the inquest which may be of use in a subsequent clinical negligence claim. The medical team who treated the deceased will be asked to give evidence and to be subject to cross-examination.
If poor medical care is suspected before the inquest then it is important for the family to be represented by a lawyer who is experienced in both clinical negligence and attending inquests.
Examples of inquests where we have represented the family and subsequently succeeded in a clinical negligence claim are as follows:
- death of a psychiatric patient who committed suicide by throwing himself under a train
- death of a mother suffering from postnatal depression who hung herself whilst being treated at a mother and baby unit
- death of a wife who died as a result of an untreated ruptured aortic aneurysm
- death of a small child as a result of being given too much IV fluids
- death of a six month old child from untreated meningitis
- death of a husband from untreated post-operative complications.
Useful links:
The Coroners' Society
Bereavement advice centre
For further information please contact one of the team. Alternatively please click here to complete a short enquiry form so we can assess your claim.