*R (ON THE APPLICATION OF KHAN) V SECRETARY OF STATE FOR HEALTH
Case date: 10 October 2003
The claimant’s daughter, who was aged three, died from a heart attack while undergoing chemotherapy in 1999. A police investigation took place during which the police asked the hospital trust not to communicate with the family. Despite an expert report, which indicated that the sister on duty and the trust as a whole had been grossly negligent, the Crown Prosecution Service decided that no criminal proceedings would be taken.
The hospital trust also made its own intensive investigations but did not tell the claimant what was going on. The claimant instructed a solicitor who requested funding from the trust and the NHS Litigation Authority for the claimant to be legally represented at the inquest as he was suffering psychiatric problems and could not play an effective part in it himself.
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