Who Can Make A Claim?

When someone dies as the result of medical negligence, only certain individuals are entitled to bring a claim on behalf of the deceased person's estate, including:

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1. The Executor or Administrator of the Estate: If the deceased person had a valid will, the executor(s) named in the will is responsible for administering the estate. If there is no valid will or if the named executor(s) are unable or unwilling to act, the court may appoint an administrator to fulfill this role. The executor or administrator has the legal authority to bring a claim for medical negligence on behalf of the estate. Click here to learn more about this. ‍
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2. Next of Kin: In cases where there is no executor or administrator, or if the executor/administrator chooses not to pursue a claim, certain next of kin may have the right to bring a claim for medical negligence. We will advise you whether you are able to bring a claim as next of kin for your loved one.
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3. Dependants: People who were dependant on the deceased person for support, including financial, emotionally, or other types of care and assistance, may be able to bring a claim for medical negligence. Dependants are usually close family members, including spouses, children, grandchildren or other individuals who were financially dependent on the deceased.