Written question asked by Laurence Robertson (Conservative) on Monday, 10 October 2022, in the House of Commons. It was due for an answer on Thursday, 13 October 2022 (named day). A holding answer was provided on Thursday, 13 October 2022. A substantive answer was provided by Will Quince (Conservative) on Friday, 14 October 2022 on behalf of the Department of Health and Social Care.

NHS: Negligence

Question: To ask the Secretary of State for Health and Social Care, if he will make an assessment of the potential merits of extending eligibility to make claims for the deceased' s loss and suffering to affected people other than the executor in cases of medical negligence.

Answer: The Administration of Estates Act 1925 provides that claims on behalf of the estate of a deceased person may be made by their personal representative, such as the executor of a will and grants of probate provide the legal standing to conduct litigation on behalf of the estate. Claims may also be made by certain dependants of the deceased person either under the Fatal Accidents Act 1976 for damages, loss of income or service dependency, or the Law Reform (Miscellaneous Provisions) Act 1934, also for damages.

Secondary information