This article was written by Leigh Day, a legal partner and supporter of Twins Trust. Leigh Day represents those who have suffered harm, giving those who are vulnerable a voice, and recovering millions of pounds each year for those whose lives have been affected by serious injury.
When you've experienced a stillbirth or neonatal death, you may have unanswered questions about the care provided to you and your child. Whilst many of these sad situations are unavoidable, some are unfortunately caused by medical negligence.
Specialist medical negligence solicitors can help support you through the inquest process and ultimately find answers about what happened.
About medical inquests
An inquest, which is held in a public court except in exceptional circumstances, is when the coroner examines the circumstances of a death. They may call relevant witnesses to give evidence about how someone passed away. It's entirely separate from any civil or criminal proceedings that may arise after a death. A coroner is not allowed to make findings determining questions of civil or criminal liability. Their job is to obtain evidence as part of their investigation and reach conclusions about the death and how it happened. These outcomes are often relevant to civil proceedings that may arise from the circumstances of a death. If you have experienced a stillbirth or neonatal death and are involved in a coroner's inquest proceedings, solicitors can help.
According to the Coroners and Justice Act 2009, the circumstances required for a coroner to investigate a death are:
- Deceased died a violent or unnatural death
- Cause of death is unknown
- Deceased died while in custody or state detention
When someone has passed away of a natural cause, the coroner may still find the death to be unnatural if there's a reason to conclude that the condition was triggered or accelerated by inappropriate treatment, such as in cases of medical negligence. This will then require a coroner's investigation.
At an inquest, the coroner (and jury if required) listen to evidence from witnesses relating to the death under investigation. The coroner and legal representatives can then ask the live witnesses relevant questions to help with their inquiries.
As an inquest is an investigative procedure and not a trial, there are no defendants. A coroner's court is set up like most court rooms for an inquest, with the coroner sitting at the front facing legal representatives. The family sit behind them and the jury, if required, sits to the side.
When all witnesses have spoken and been questioned, the coroner can raise any concerns with them if they think there's a risk of more deaths occurring in similar circumstances. The coroner or jury will reach a conclusion in relation to the death and read this out, as well as completing a record of inquest and determining if a Report to Prevent Future Deaths is needed, to ensure changes are made which minimise the risk of future death occurring for the same reasons.
Only a coroner can decide if a jury is needed. There are a range of circumstances that require the gathering of a jury, including when there is evidence of some fault or omission on behalf of a state agent or if there's a need for increased public scrutiny. The views of the family should always be considered by the coroner in deciding whether to call a jury.
There are a number of potential conclusions that a coroner can reach, and we are happy to help advise you once we know the details of any potential case.
At the end of the investigation the coroner will complete a Record of Inquest. This document includes determinations relating to who the deceased was, and when, where and how they died. It also contains a conclusion on the death, which may be in a short form (such as 'natural causes') or a longer narrative if appropriate.
Sometimes, if a coroner feels the investigation shows existing circumstances pose a risk of future deaths, and that actions should be taken to prevent this, the coroner is under a duty to make a report (known as a Report to Prevent Future Deaths). This can be really important for families looking to ensure steps are taking so the circumstances leading to the death of a loved one are no longer allowed to exist.
It varies a lot. A coroner's inquest can take anywhere from half an hour to several weeks. The length of time taken to reach a verdict depends on different things, like:
- if there was a postmortem examination carried out
- the number of witnesses and statements
- if there is a jury
- whether a pre-inquest review hearing is needed
- any complications in the case
At the end of every inquiry, the verdicts will be recorded in an official report. It's possible to get a copy of the verdict after the inquest's conclusion.
Legal Aid is sometimes available for representation and legal advice at an inquest, but only in very limited circumstances. If the death being investigated was caused or contributed to by negligence, or a violation of the deceased's human rights, costs may be recoverable from the defendant to a successful civil claim.
Otherwise, firms providing these services usually offer a range of funding options, including 'no win no fee', or can negotiate flexible fixed fee arrangements for the work associated with an inquest on a case-by-case basis.
Types of medical negligence claims
Medical negligence happens when a medical professional provides substandard care which causes injury or makes an existing condition get worse. There are several ways that medical negligence can happen including misdiagnosis, incorrect treatment, or surgical mistakes and other errors made by medical professionals.
How can a specialist solicitor help?
A specialist medical negligence solicitor can help you by supporting you throughout the inquest, liaising with the coroner and providing you with legal representation. This includes instructing a barrister to make representations and asking questions of witnesses on your behalf. Your chosen solicitor can help advise and assist you from the outset of any dealings with the coroner's office, including requesting records as needed, gathering evidence from the right witnesses and making submissions to the coroner at any pre-inquest review hearing and the subsequent inquest. This is to help you in ensuring that you can get the answers that you need and this would be with a view to exploring a potential medical negligence claim after an inquest is finished.
How can Leigh Day support you?
When you contact Leigh Day, our compassionate experts - including three registered midwives - will talk through your experience with you in a free consultation. If your case is likely to succeed, it will be passed to one of our experienced solicitors, who will talk you through the best funding options for you and likely timescales. We will then request your medical records in order to share them with independent medical experts. These experts will review what happened to you and give their opinion on whether your care was negligent. If the medical evidence supports your claim, we'll begin legal proceedings. We're with you every step of the way, explaining what the evidence means, how long things will take, and answering any questions you may have.
Contact the Leigh Day team
If you're concerned you may have received negligent care, you can contact Frankie directly:
- Email: [email protected]
- Phone: 0203 780 0400
You can also find more information about Leigh Day's medical negligence services on their website.