Expert Resolution of a Complex Medical Negligence Claim

This case involved a particularly difficult and tragic incident where a middle-aged man died due to a medical negligent surgical error at the Queen Elizabeth Hospital in King’s Lynn. Despite an early admission of breach of duty, the case faced ongoing challenges and was not resolved until 7.5 years after the deceased’s passing.

Our client, who lived as husband and wife with the deceased and his son, who has cerebral palsy and was over 18 years old, sought claims under the Fatal Accidents Act and for psychiatric injury as a secondary victim. Unfortunately, relations between our client and the rest of the deceased’s family were strained, necessitating separate representation for her.

The crux of the case centered on two disputes: whether our client had cohabited with the deceased for the required two years to qualify as a ‘dependent’ under the Fatal Accidents Act—a claim denied by the deceased’s family—and whether she was considered a secondary victim.

The claim for secondary victim status was ultimately dropped at a settlement meeting, which occurred a few months before the judgment in Paul and another v. Royal Wolverhampton NHS Trust (and linked cases) would have likely invalidated it anyway.

The remainder of the claims were settled at a round-table meeting, resulting in the claimant recovering £140,000. Concerns regarding the capacity of the deceased’s son to litigate led to the pursuit of formal court approval, given the uncertainties involved.

This case underscores the inherent complexities in fatal accident claims, particularly those involving medical negligence. It also showcases the expertise of Hatch Brenner Solicitors in managing and resolving sensitive and challenging cases.

Our approach, rooted in a deep understanding of our clients’ needs and a commitment to achieving the best possible outcomes. The case also highlights the difficulties with unmarried parties who live together, who do not automatically qualify as a dependent when their partner dies; sadly the law has not caught up with what many people in our society think of as a “common law” partner, which actually has no legal status!

Our dedication to our clients extends beyond the courtroom, embodying a compassionate and comprehensive legal service that addresses both the legal and personal needs of those we represent.