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Parent of deceased partner attempting to sue NHS

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  • Parent of deceased partner attempting to sue NHS

    Hello All,

    To set the scene, I had been with my partner for around 2 years, we were engaged but not married, we lived together and she was estranged from her parents. We had a 6 month old child together at the time of her death, which we believe was caused by Sepsis, however the Coroner is opening an Inquest as he believes there may be some medical negligence involved.

    My partners mother, who hasn't really been in contact for a good few years is now trying to sue "someone" to get Justice for her daughter, even the thought of this would have made my partner very angry, she worked for the NHS and was happy that they had saved her life on several occasions caused by Chrons disease, and a few operations she had.

    I personally know that this has nothing to do with Justice and this is simply about money for her, if she received a successful claim for this, it would anger me as anything due should be for the baby, my son, left in the world without a mother. My question is how does this stand legally, in a claim is the next of kin the only entitled, or does her mother have ground?

    Thank you in advance for any replies.
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  • #2

    Sorry to hear of your loss.

    Any claim for clinical negligence can only be brought for the benefit of her estate.
    If there is a successful claim it will be the named beneficiaries who benefit, the claim being brought by her executor(s) if there is a will.
    If she passed intestate, and assuming you were not in a civil partnership. her estate passes in its entirety to her child(ren)


    • #3
      Thank you Des8.

      She did not have a will, but on behalf of our son I was the person who closed down her bank accounts etc, I was worried that she would go behind our backs, make a claim and then receive some kind of pay out, as I don't think there is much I can do to stop her, my partner would not have wanted this, especially when the Inquest hasn't yet been completed and there is no clear indication of fault yet.

      Thanks for the response, that has put my mind at ease a littleĀ*


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