When a loved one dies due to medical negligence: Your rights and next steps

Losing someone you love is one of the hardest things we go through. Whether it is a partner, parent, child, or close friend, the grief can feel overwhelming.

If this loss is because of medical negligence, it can make the situation even more complex. Alongside your grief, you’re dealing with anger, confusion, and so many questions about what went wrong.

If you believe someone you love died because they didn’t receive the standard of medical care they deserved, we want you to help you understand your legal rights. 

What is wrongful death?

Wrongful death happens when someone dies because a healthcare provider did not meet the accepted standard of reasonable care, and that failure directly caused or materially contributed to their death.

We often hear from clients about situations like misdiagnosis or failing to diagnose serious conditions, medication errors, surgical mistakes, inadequate patient monitoring, delayed emergency response, birth injuries, and serious infections arising from poor care.

Who can make a claim?

Wrongful death claims can be brought by ‘beneficiaries’, typically a member of a deceased person’s family, such as a domestic partner, a child or grandchild (including stepchildren in some situations), parents, siblings or former partners. 

We understand that thinking about legal claims whilst grieving feels almost impossible. But pursuing justice for your loved one can be an important part of healing, and we are here to handle the legal side so you can focus on your family.

Gathering medical records

Medical records are essential for building a wrongful death claim. These documents help medical experts work out whether the care your loved one received was acceptable.

Who can request them: Executors, administrators, or next of kin can request complete medical records, though processes vary between providers.

What you willneed: Hospital summaries, doctors’ and nursing notes, surgical records, test results, medication records, and emergency department records.

How to get them: Contact the medical records department at each healthcare provider. Fill out their request form, show proof of legal authority, and pay copying fees. Providers must respond within about 30 days in the ACT.

Your lawyer can help coordinate all of this for you.

Time limits matter

We understand that the last thing you want to think about right now is legal deadlines. But in the ACT, you generally have three years from the date of death to start some forms of legal action (particularly nervous shock claims for psychological injury), with earlier notification requirements.  Longer periods apply for some other types of claims.

Gathering evidence and building a strong case takes much longer than you would expect. Getting early legal advice means you will notmiss crucial deadlines.

What compensation might include

Whilst nothing can bring your loved one back, compensation aims to acknowledge your loss and provide financial support. This might include funeral costs, loss of financial support they would have provided, loss of care and services they gave, loss of companionship, and sometimes compensation for pain they suffered before death.

Every family’s situation is different, and compensation reflects your specific circumstances.

MEJ is here to help

The medical negligence team at Maliganis Edwards Johnson understands how sensitive this time is for you and your family. We know you’re grieving, and we’ll handle the legal complexities whilst treating you with the compassion you deserve.

Losing someone you love to medical negligence is absolutely heartbreaking. Legal action will not bring them back, and we know that. But pursuing accountability can give you answers, help prevent this from happening to other families, and make sure you get the financial support your family needs.

If you believe someone you love died due to medical negligence, please contact MEJ’s compassionate medical negligence team. We’ll listen to your story and help you understand your legal options. Call us today for a confidential consultation.