Successful Medical Injury Claim under the Human Rights Act

Posted 30/10/2009

Ashtons Legal clinical negligence specialist Sharon Allison has obtained compensation for Mrs J, following the death of her sister, Mrs A, in 2007. Mrs A was admitted to hospital with abdominal pain and vomiting but, as a result of a number of systemic failures in her care, she died two days later. A post-mortem established that she had a small perforation in her lower bowel, possibly caused by something she had eaten. The case is unusual in that it was brought under the Human Rights Act; this is a relatively new approach but one which is likely to grow in popularity now that it has a track record of success. The laws which normally govern medical injury claims only allow for compensation where the injured person is still alive, or where a spouse or dependant child are bringing the claim in the event of someone’s death. The Human Rights Act approach offers a route for non-dependant family members such as brothers or sisters to bring a claim.