You can make misdiagnosis or delayed diagnosis claim on behalf of someone else in the following situations:
- You can make a claim on behalf of your child, before their 18th birthday. After your child has turned 18, they have three years within which to make a claim themselves.
- You can make a claim on behalf of someone else if they lack the mental capacity to do it themselves eg. if they have sustained a brain injury or have a condition which affects their decision making such as a mental health condition, dementia, stroke, severe learning disability, or unconsciousness caused by an anaesthetic or sudden accident. You will need permission to act on someone else’s behalf as per the requirements of the Mental Capacity Act 2005.
