Can I claim on behalf of a deceased loved one for delayed cancer treatment?
Written by Michael Shiers | Medical Negligence Team | 15 August 2024
Losing a loved one to cancer is a truly awful experience. It can be made even more difficult in the event that there was a delay in diagnosis or treatment that contributed to their death. In such cases, you may have the right to make a legal claim on their behalf.
Understanding Fatal Claims
Claims can be brought on behalf of the Deceased patient’s estate and for the benefit of dependents of the deceased. The aim of these claims is to provide compensation for the losses suffered by the deceased prior to death and by the family after death and to hold those responsible accountable for their actions.
Who Can Make a Claim?
The following individuals are typically eligible to make a Fatal claim:
Immediate Family Members: this includes spouses, civil partners, and children of the deceased
Dependents: those who were financially dependent on the deceased, such as parents or cohabiting partners
Executors or Administrators: the person legally appointed to manage the deceased's estate
What do I need to prove for a successful claim?
To make a claim for delayed cancer treatment, you must prove the following:
Duty of Care: you must show that the healthcare provider owed a duty of care to the deceased
Breach of Duty: you need to demonstrate that the healthcare provider breached this duty by failing to provide the expected standard of care
Causation: it’s important to show that the delay in diagnosis or treatment directly caused or significantly contributed to the death
Damages: you need to provide evidence of the financial and emotional losses suffered due to the illness and death
In some cases the claim is for a shortened life expectancy caused by the breach of duty of care
What are the types of compensation?
Compensation in a wrongful death claim can cover various types of damages, including:
General Damages for the pain and suffering experienced by the deceased before their death
Special Damages cover financial losses, such as funeral expenses, medical bills, and loss of income
Bereavement Award, which is a statutory award for specified close family members to acknowledge their emotional suffering
Dependency Claim for dependents of the deceased, covering the loss of future financial support and services
Steps to Making a Fatal Claim
If you believe you have a potential Fatal claim due to delayed cancer treatment, these are the steps that you can follow, with the support of an experienced Medical Negligence lawyer, to purse a claim:
Seek Legal Advice: consult with a specialist Medical Negligence solicitor. They will help you understand your rights and guide you through the process
Medical Expert Review: your solicitor will likely obtain the opinion of a medical expert to establish negligence and causation
File a Claim: your solicitor will handle the legal paperwork and file the claim on your behalf, following the necessary procedures and timelines
What is the time limit for making a fatal claim?
Provided the deceased died within the 3 year limitation period which would have been applicable for a living claim, there is then a further 3 years from the date of death. Calculation of time limits can be complicated which is another reason why you should take early advice. It may also be necessary to apply for Probate which can delay matters.
Fatal claims as a result of delayed cancer treatment are a way to seek justice and hold negligent healthcare providers accountable. They provide financial support to help loved ones cope.
If you believe that your loved one's death was due to delayed cancer diagnosis or treatment, our experienced Medical Negligence solicitors are here to help. To discuss your circumstances directly with our team, you can get in touch with them by calling 01752 827085 or emailing enquiries@nash.co.uk.
