Can I make a cancer misdiagnosis claim for someone else?
Yes, you definitely can make a cancer misdiagnosis claim for someone else, whether it is a close relative or a family friend. If you are looking to file a cancer misdiagnosis claim on behalf of a relative who has died due to a delayed or inaccurate cancer diagnosis, see here for more information.
However, many people who themselves are suffering from cancer may be unable to take on the added stress of pursuing a medical negligence claim for their cancer misdiagnosis, or be too unwell to do so. If someone is deemed incapable of making and pursuing a cancer misdiagnosis medical negligence claim for themselves, they can appoint someone else to do so on their behalf. In legal terms, we call this person a ‘litigation friend’.
As we are all well too aware, cancer is an awful disease that can make people extremely ill and very weak. For this reason, it is much more common in cancer misdiagnosis claims than others, such as road traffic accidents, to be made by litigation friends on behalf of a loved one. Many people suffering from cancer are too ill or weak, whether it be mentally or physically, from their disease to actively go through the process of making a claim for financial compensation. It might be that the injured party has mental capacity, but is unable to provide instruction, for example, they are in a coma or intensive care and cannot engage with legal representatives. The alternative is that the injured party does not have mental capacity, either because of a pre-existing condition or because of the injury they have sustained. Pre-existing conditions include Cerebral Palsy or Dementia and injury-related conditions might include brain damage.
Generally speaking, if the person requires someone to manage their daily affairs for them, they will need a litigation friend. A good way of testing this threshold is whether or not you, or someone else, holds a Power of Attorney or Deputyship to manage their affairs. If they do, then this is likely the person to bring the claim on their behalf. If this is not the case then it is still possible to make a cancer misdiagnosis claim on their behalf. Contact our medical negligence expert solicitors at MG Legal, here, if you require more information on this.
If you would like to discuss making a cancer misdiagnosis claim for someone else, or have any questions, get in touch with our expert medical negligence solicitors specialising in cancer misdiagnoses, here, for a no-obligation chat.