Q&As

Is there any guidance on valuing a clinical negligence claim where a cancer misdiagnosis has shortened the deceased's life by six to twelve months? If the Claimant would have died in any event (and has since died) had the cancer been correctly diagnosed, does this claim still fall within the Fatal Accidents Act 1976 and can a claim be made for bereavement award and funeral expenses?

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Published on LexisPSL on 07/02/2017

The following PI & Clinical Negligence Q&A provides comprehensive and up to date legal information covering:

  • Is there any guidance on valuing a clinical negligence claim where a cancer misdiagnosis has shortened the deceased's life by six to twelve months? If the Claimant would have died in any event (and has since died) had the cancer been correctly diagnosed, does this claim still fall within the Fatal Accidents Act 1976 and can a claim be made for bereavement award and funeral expenses?
  • Funeral expenses
  • Bereavement damages

Is there any guidance on valuing a clinical negligence claim where a cancer misdiagnosis has shortened the deceased's life by six to twelve months? If the Claimant would have died in any event (and has since died) had the cancer been correctly diagnosed, does this claim still fall within the Fatal Accidents Act 1976 and can a claim be made for bereavement award and funeral expenses?

When the victim of a personal injury action has died prior to trial, two distinct claims are possible. A claim can be brought for:

  1. the benefit of the deceased's estate under the Law Reform (Miscellaneous Provisions) Act 1934 (LR(MP)A 1934)

  2. on behalf of the dependants of the deceased under the Fatal Accidents Act 1976 (FAA 1976)

While these claims can be pursued separately, they are often brought in tandem. For more information on these two forms of claims, see Practice Note: Law Reform Act or Fatal Accidents Act?

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