If the person who has suffered the brain injury no longer has capacity to bring a claim themselves, then you can bring a claim on their behalf. You would be appointed as a Litigation Friend.

The Litigation Friend is appointed by the Court and must first satisfy certain criteria, such as being able to conduct the claim in both a fair and competent manner. A Litigation Friend must also file and serve a Certificate of Suitability at the Court.

Different types of cancer have different symptoms. However, there are certain warning signs that GPs should recognise and act upon (often by referring the patient to a specialist).

Examples of common symptoms include:

• Fast growing lumps
• A persistent cough for more than three weeks, chest pain and breathlessness
• Changes in bowel habits, such as seeing blood in your stools and experiencing consistent bloating or diarrhoea/constipation
• Changing appearance of moles in terms of shape, size and colour  
• Sudden weight loss without another reason.

Many types of cancer can display symptoms which are similar to other conditions which are not cancerous. Unfortunately, this can result in the misdiagnosis of cancer.

Examples include:

·         Breast cancer – can be confused with benign lumps and other inflammatory breast conditions

·         Bowel cancer – can be mistaken for conditions such as irritable bowel syndrome (IBS) 

·         Lung cancer – can be confused with other infections such as pneumonia or bronchitis

·         Pancreatic cancer – can be mistaken as pancreatitis (i.e. an inflammatory disease).

If you've lost a family member due to a delayed cancer diagnosis, our top-tier legal team can assist you in the following ways:

• Pursuing compensation to address their pain and suffering, cover financial losses resulting from their passing, and handle funeral expenses.
• Representing you during any inquest proceedings.
• Facilitating your quest for answers and an apology you deserve from those accountable.

You may be eligible to file a claim if you are the spouse or child of the deceased individual. Additionally, we can guide you through the process if you are the parent of a child under 18 or were financially reliant on the deceased person. Generally, there is a three-year window from the date of death to initiate a claim. If negligence was discovered through a post-mortem examination, you have three years from the date of discovering these findings. Further information on time limits is available.

Furthermore, our legal team can assist you in obtaining a statutory bereavement award, which amounts to a fixed sum of £15,120 and is payable in cases of wrongful death. This award is accessible to spouses, civil partners, or parents (if the deceased was under 18 years old).

The family of the deceased need to apply for a Grant of Probate which is issued by the local Probate Registry.

If the deceased did not leave a will, the person granted Probate is called an ‘Administrator’. However, if a will is in place, the person is called an ‘Executor’ instead. Regardless of the title, both an ‘Administrator’ and an ‘Executor’ can pursue claims on behalf of all Dependants of the deceased within the relevant Limitation period. 

Yes. Any injured patient under 18 years of age is considered a child. This means they lack ‘capacity’ to bring the claim themselves and a Litigation Friend is appointed to bring the claim on the child’s behalf. The Litigation Friend is often a parent or guardian to the child. However, the Court can decide that a different party would be suitable (such as a family friend or a solicitor).

The Litigation Friend is appointed by the Court and must first satisfy certain criteria, such as being able to conduct the claim in both a fair and competent manner. A Litigation Friend must also file and serve a Certificate of Suitability.

In most cases, there is a three-year time limit for bringing a medical negligence claim.  The three years begins from the date of the negligence or from the date that the patient should have known that the injury was or could reasonably be linked to the original negligence.  

However, in the case of a child in England and Wales, the three years begins on their 18th birthday. Therefore, a claim must be made before they reach the age of 21 years old.

If the child has ‘mental capacity’ then they will need to bring the claim in their own name. However, as a parent you will always be able to provide support throughout the process.

If the child does not have ‘mental capacity’, you may be able to pursue the claim on their behalf by acting as their Litigation Friend. Please see question 1 above. 

Plastic Surgery is surgery carried out to reconstruct or repair damaged or missing skin and tissue and to restore function of skin and tissue to as close to normal as possible.  Plastic surgery includes surgery for burns, congenital abnormalities, reconstruction after some cancer surgeries and reconstruction and repair following an accident or injury. Plastic surgery is funded by the NHS.

Cosmetic Surgery is an elective surgical operation solely to enhance a person’s appearance.  Unless there is a medical need, the NHS will not pay for cosmetic surgery. The most popular cosmetic surgery procedures are breast augmentation (“boob job”), rhinoplasty (“nose job”) and abdominoplasty (“tummy tucks”).

During a difficult time, representation by a lawyer at the hearing may result in further evidence and information being discovered which could be extremely useful to the family.

The legal representative may also be able to help the family influence the types of questions asked by the Coroner, as well as the evidence called. In turn, this may assist the family to gain a better understanding about what happened, gain the closure they deserve and could also possibly assist in any potential future compensation claim.

A post-mortem is a medical examination of the deceased, to determine the cause of death. It can also be referred to as an autopsy. 

It is possible that new and unexpected medical details are obtained about the cause of death, via a post-mortem. Such information could prove invaluable in terms of any compensation claim.

It is important that a defendant is informed of the death and provided with the coroner’s details once a claim has started. This is because the civil court may not allow a compensation claim to be pursued, if the defendant has not been provided with the chance to obtain the necessary medical details.