Fatal Claims

Get help today with your Fatal Claims

If the loss of a loved one was a result of a medical mistake or error, then you may be able to pursue a fatal claim on you and your family’s behalf.

Fatal Claims

Many of our clients who have lost a family member because of medical negligence contact us to:

Understand what caused the death
Seek an explanation and apology from the hospital
Seek advice in relation to an inquest
Ensure that the hospital implement changes so that a similar mistake does not happen again
Seek financial compensation, where the family of the Deceased were financially dependant on him or her
Seek compensation because of the psychological injuries suffered as a result of the shocking circumstances surrounding the death (otherwise known as nervous shock)

What Sort of Mistakes Result in Fatal Claims?

Medical mistakes can occur in many situations and unfortunately sometimes this may result in death.

We have been involved in numerous fatal claims, where we represent families at an inquest and then also during the civil action.

Who Can Take a Fatal Claim Following the Death of a Loved One?

A claim can be taken by a ‘dependent’ of the person who died.

A dependent includes:

Husband or wife of the Deceased/Partner or former partner
Children of the Deceased
Parent of the Deceased
Grandparent of the Deceased
Brother or sister of the Deceased

The civil action claim will include the cost of funeral expenses and inquest fees as an item of expense in the claim.

We are well known as being experts in fatal claims and inquests. We provide compassionate and professional advice and support throughout the fatal claim and inquest.

Medical Negligence Inquests

Medical professionals are obliged to report a death to the Coroner where a death occurred because of medical negligence. This covers situations where an unexpected death occurred in a hospital or where a person has been transferred to a hospital from a nursing home.

The Coroner must be notified in cases of death because of a healthcare acquired infection, maternal or late maternal death, any stillborn child, death intrapartum or infant death.

If family members suspect medical negligence and they are concerned about the standard of care given to the deceased person, they can communicate this concern to the Coroner.

Quite often when our office investigates a fatal claim, we notify the Coroner of our concerns in relation to potential medical negligence and this can result in an inquest being held in relation to the death.

In cases where the death occurred as a result of a medical or surgical procedure, regardless of when the death took place, the Coroner will commence investigations once a question arises as to whether or not the procedure contributed to the deceased person’s death.

What is an Inquest?
An inquest is a public enquiry conducted by a Coroner to establish answers in respect of:

(a) The identity of the deceased;

(b) The place of death;

(c) The time of death;

(d) How the deceased died.

Who can participate in the Coroner’s investigation?

Properly interested persons can participate in the Coroner’s investigation and these may include:

  • The family and next of kin of the deceased;
  • Personal representatives of the deceased;
  • Representatives of a board or authority in whose care the deceased was at the time of death, for example, hospital;
  • Those responsible for the death in any way.
  • Representatives of insurance companies;
  • Properly interested persons under the provisions of the Safety Health & Welfare at Work Act 1989; and
  • Others at the discretion of the Coroner.
We, as solicitors, represent families at inquests and fully investigate matters prior to an inquest being held so that the relevant questions can be put to the witnesses who give evidence in relation to the circumstances leading up to the death of the deceased.

The Coroner’s service is a public service for the living, which, in recognising the core value of each human life, provides a forensic and medical legal investigation of sudden death, having regard to public safety and health epidemiology issues.

The Coroner must consider issues, which if left unremedied, might lead to further deaths. This is where our expertise becomes essential in circumstances where, based on our experience of representing families at inquests for a considerable number of years, we endeavour to ensure that recommendations are made so as to try and avoid further deaths occurring in hospitals where a death has occurred as a result of medical negligence.

For more information about how we can help you with medical negligence claims, please contact Rachael Liston on 01-9123240 or email info@rachaelliston.ie

Types of Medical Negligence Claims

Brain Injury Claims

Brain injuries can have a devastating effect on an individual and their family, particularly if the injuries are as a result of medical negligence. Brain injuries can be catastrophic and result in traumatic and life-changing injuries.


Stroke Misdiagnosis Claims

A stroke can occur when the blood supply to part of the brain is cut off or reduced, preventing the brain tissue getting the oxygen it needs. Strokes are a medical emergency and urgent treatment is essential.


Birth Injury to Mother Claims
For most women, having a baby is a positive experience and they leave hospital having received excellent care.

Unfortunately, when something goes wrong or where negligence occurs, before, during or after childbirth, it can result in very serious physical and psychological injuries.


Birth Injury to Baby Claims
If your baby has been injured due to mistakes or errors by doctors or midwives before, during or after giving birth then you may be entitled to make a claim for medical negligence.


Stillbirth & Neonatal Death Claims
If your baby died due to hospital negligence then you will have many unanswered questions as to what caused the death of your baby.


Gynaecology Claims

Gynaecologists are doctors who specialise in investigating, diagnosing, and treating disorders of the female reproductive system.


Misdiagnosis Claims

Misdiagnosis occurs when a doctor or medical professional fails to accurately diagnose a patient. It can arise when there has been a incorrect or delayed diagnosis of a medical condition such as cancer, meningitis, diabetes, heart disease or head injuries.


A&E Negligence Claims

A&E departments deal with many different types of medical emergencies. These departments are highly pressurised and emergency care can sometimes go wrong and cause serious injury to the patient. Accident and emergency claims can arise where negligent delay or incorrect medical treatment results in the patient suffering from illness or injury, which would not have occurred but for the negligent care.


Dental Negligence Claims

If your dentist has made a mistake or an error whilst treating or diagnosing a dental issue then you may have a claim for dental negligence.


Fatal Claims
If the loss of a loved one was a result of a medical mistake or error, then you may be able to pursue a fatal claim on you and your family’s behalf.


Cauda Equina Claims

Cauda Equina Syndrome is a medical emergency and needs to be treated urgently to avoid long-term irreparable neurological damage. If your doctor has failed to recognise the symptoms of Cauda Equina Syndrome and failed to refer you for emergency treatment, then it is possible that you have a claim for medical negligence.


Surgical Injury Claims

Surgical negligence claims arise when mistakes occur during surgery which result in the patient being injured.


Spinal Injury Claims
Spinal injury can be caused as result of a delayed or missed diagnoses or during routine surgery. Where the injury is caused because of negligence, it may be possible to make a spinal injury claim with Liston Flavin Solicitors.


Defective Medical Device Claims
If a medical device is defective it can cause serious harm to patients. It can also make a condition worse and necessitate additional surgery.

Despite strict standards and rigorous testing of medical devices, sometimes products are defective and can cause serious personal injury. This may require a patient having to undergo further surgery to remove and replace the defective medical device.


Nursing Home Claims

Some of the most vulnerable in society reside in care homes and nursing homes and whilst most people who reside there receive an excellent level of care. There are exceptions, however, where failings in care by the staff who are responsible for caring for the vulnerable and elderly results in poor care and medical treatment which leads to injury and can tragically lead to death. This can result in a claim for medical negligence.


Covid 19 Claims
Non-Covid patients are at risk of serious harm or death because of a delay in accessing treatment or medical services during the pandemic.

If you have suffered from unnecessary illness or harm because of a delay in accessing the required medical care, then you may have a claim for medical negligence.


GP Claims
When we feel unwell, we generally go to our GP and on the most part patients receive exceptional care. Sometimes, however, symptoms are missed, and doctors fail to diagnose or refer patients for further treatment.

GP’s play an important role in ensuring that patients are assessed appropriately, prescribed the correct treatment, and referred on for specialist care without delay.

If a GP makes a mistake which causes a patient to suffer unnecessary pain and financial loss, it may be possible to pursue a claim for medical negligence.


Cosmetic Surgery Claims
Cosmetic surgery mistakes can be devastating, both physically and mentally. Where a procedure goes wrong or where a cosmetic surgeon or dermatologist makes a mistake which causes an injury then it is possible to pursue a cosmetic surgery claim.