Goodson v Bedfordshire and Luton Coroner 17.12.04

Fatal Accident Claims – Medcial Negligence

Summary: Fatal accident, Dependency claims; loss of financial dependency, Fatal Accident Act 1976, Personal Injury claims, Coroners Act, Inquest, verdict, fatal accident solicitors, personal injury.

The claimant solicitors in this tragic fatal accident case applied for a judicial review of the coroner’s refusal concerning the inquest into the death of the claimant’s father who died following surgery when removing gallstones. The coroner refused to conduct the inquest as an investigation for the purposes of the Human Rights Act Sch.1 Part 1 Art.2 and to adjourn the inquest so that independent medical experts could be instructed.

The application was refused by the higher court, as where a patient died in hospital as a result of simple negligence that did not itself amount to a breach of the positive obligation under Art. 2. The coroner, on the facts was acted reasonably when he decided that it was not necessary to seek assistance from an independent medical expert.

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Posted: July 23, 2008 at 9:11 am