Fact Sheet: Claims Arising From Inquests

Inquests are held in a separate jurisdiction to civil claims and, by statute, coroners (and inquest juries) are prohibited from making findings of negligence. Notwithstanding this, families are increasingly legally represented at inquests and bring civil claims against healthcare providers alongside, or after, the inquest process. We hope this fact sheet will help you to consider some of the key considerations when dealing with claims arising from inquest proceedings.

Admissions of liability pre-inquest

It can be advisable to make an admission of liability in advance of the inquest hearing (even if a claim has not been intimated or particularised).

This should be considered if expert evidence or the findings of a SI or RCA report suggest that there has been breach of duty and/or that death was avoidable.