Medical Negligence Causing Death

A fatal medical negligence claim is a legal action taken where a person dies as a result of medical negligence.* Damages can include financial loss, funeral expenses, mental distress, and other expenses incurred.

All fatal injury claims are initially sent to the Personal Injuries Assessment Board (PIAB). The PIAB will take the same approach as it does for a personal injury claim

Fatal Injury Claims

Failure to prevent suicide claims

All suicides are tragic, but they are doubly so when they could have been prevented. If you have lost a loved one because of medical negligence, you may be entitled to make a claim. Healthcare providers have a duty of care to protect life whenever possible. Failings that can lead to a preventable suicide include:

  • Misdiagnosis of mental health illnesses
  • Failure to notice and respond to suicide risk factors
  • Failure to make appropriate referrals or supervision arrangements for a patient at risk
  • Enabling a patient to access to hazardous materials, objects, or drugs
  • Discharging patients from hospital too soon
  • Failure to ensure proper treatment or medication
  • Failure to put in place adequate care plans or protection following treatment
  • Poor communication with the patient’s family
  • Lack of inpatient beds 

These failings can happen at different stages within the treatment process or may stop treatment from taking place at all. They can affect voluntary and involuntary mental health patients, people with no formal mental health diagnoses; or people receiving community care.