At Boyes Turner, we have extensive experience supporting families through the emotional and complex process of pursuing medical negligence claims, particularly in the most tragic circumstances where a loved one has died. Where someone has died as a result of suspected medical negligence, it may be possible to bring a medical negligence claim. To do so, it is necessary to establish that there has been negligent treatment and also that the treatment has caused, or significantly contributed to, that person’s death. In some cases, when a person dies unexpectedly families are informed that an inquest will be held to investigate the cause and circumstances of their loved one’s death. But what is an Inquest? How does it relate to a medical negligence claim? What support is available? In this article we try to help answer some of these questions. Even though an inquest is a separate legal process to a medical negligence claim is, it may play a crucial role in not only in determining the circumstances of a person’s death but also in informing or supporting investigations into a medical negligence claim. What is an inquest? An inquest is a fact-finding inquiry held by a coroner to investigate the cause and circumstances of a person’s death. The purpose of an inquest is not to assign blame or liability, but to answer four key questions: Who the deceased was When they died Where they died How they died Inquests are public hearings and may involve evidence from medical staff, experts, and witnesses. In many of the cases we are involved in, inquests are triggered because the cause of death is initially unclear. £200,000 settlement for widow whose husband died after air in his central line caused air embolism and stroke What happens before the inquest takes place? Several important steps usually take place before the inquest hearing itself. These help the coroner gather the necessary information and decide how the inquest will run. Post-mortem examination If the cause of death is not immediately clear, the coroner may order a post-mortem (autopsy). The results are shared with the family and can be a key part of the evidence presented at the inquest. Pre-inquest review hearings In certain cases, the coroner may hold pre-inquest review hearings. These are short hearings to identify the key issues and scope of the inquest, decide who should give evidence, discuss whether expert reports are needed and to set a timetable for the inquest. Witness evidence and expert reports The coroner will gather evidence from people involved in your loved one’s care. This can include medical professionals such as doctors, nurses, and other healthcare professionals, independent medical expert and family members or carers. The evidence obtained for the inquest including witness statements and expert reports can be used as part of the investigations into a medical negligence claim. What happens during the inquest? During the Inquest The inquest itself is usually held in a coroner’s court and may last from a few hours to several days, depending on the complexity of the case. During the inquest the coroner will guide the hearing and hear all the evidence with a view to answering the four questions set out above. Medical records, expert reports and post-mortem findings may be considered and witnesses may be called to give evidence in person or their statements may be read out by the coroner. The family (or their legal representative) can ask the coroner questions during the hearing. Conclusions and prevention of future deaths reports At the end of the inquest, the coroner will then summarise the evidence and give a formal conclusion. In cases relating to medical negligence, we most commonly see narrative conclusions which is where the coroner has set out a factual summary describing how the death occurred. The coroner has the power to make a specific finding of neglect which can be relevant where a medical negligence claim is also being investigated. This finding is where it is found that there was a basic failure in the care the deceased received that contributed to the death. It is important to note that a finding of neglect does not equate to admissions of liability in a medical negligence claim but can provide strong grounds for alleging the deceased received negligence care, resulting in their death. Settlement after delayed surgery for brain haemorrhage In some cases, the coroner may also issue a Prevention of Future Deaths Report, requiring the hospital, Trust, or other body involved to take action to prevent similar incidents occurring in the future. £162,500 Surgical negligence settlement for fatal hernia operation injury What happens after the inquest? An interim death certificate is usually provided prior to the inquest to allow a funeral to take place and certain probate steps to be taken if needed. After the inquest, the official death certificate will be issued with the confirmed cause of death. Do I need to contact a medical negligence solicitor before or after an inquest? We have supported families at every stage of the inquest process. Some reach out to us as soon as they are informed that an inquest will take place, while others seek our advice after the inquest has concluded. We recommend contacting a medical negligence solicitor as soon as you have concerns about the care or treatment your loved one received. Early advice can help ensure that important evidence is preserved and that you are fully informed about your options throughout the inquest and beyond. Do I need representation at the inquest? You do not have to have a solicitor at an inquest, but many families find it reassuring to have professional support during what can be a very emotional and complex process. As already covered in this article, an inquest isn’t about blaming anyone, it’s about finding out how your loved one died. However, when medical care is involved, the questions can become detailed and technical, and hospitals or other organisations often have their own lawyers present. Having a solicitor experienced in medical negligence and inquest work means you will have someone on your side to guide you through each step. They can help you understand what’s happening, prepare the right questions to ask, and make sure important evidence isn’t overlooked. You may also find support from charities such as INQUEST who provide free support for families involved in inquests. I want to pursue a medical negligence claim after the death of a loved one. What do I do next? We understand how distressing it can feel to navigate the inquest process while also grieving the loss of a loved one. These investigations are important, not just for getting answers, but for ensuring accountability and preventing future harm. How can Boyes Turner help? If the inquest raises concerns about the care your loved one received, you may want to explore whether you have grounds for a medical negligence claim. A medical negligence claim can be considered regardless of the outcome of the inquest. You can contact our specialist medical negligence solicitors who will be able to answer any questions or concerns you have.
