Successful Medical Injury Claim under the Human Rights Act

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Successful Medical Injury Claim under the Human Rights Act /resources/news/injury/1196-Successful-Medical-Injury-Claim-under-the-Human-Rights-Act

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Successful Medical Injury Claim under the Human Rights Act

Kester Cunningham John 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.