THE SHORT ANSWER
In some circumstances, yes. A parent or another suitable adult can bring a claim for a child as a litigation friend, and the same applies for an adult who cannot manage a claim themselves. Where someone has died, a claim may be brought by their estate and by family members who depended on them.
Not everyone who has been harmed by medical care is in a position to do anything about it themselves. A child cannot. Someone who lacks mental capacity cannot. Someone who has died cannot.
Claiming for a child
A parent, guardian or another suitable adult can bring a claim on a child's behalf, acting as what is called a litigation friend. You do not need a formal appointment to start the process.
Two things work differently in a child's claim:
Any settlement is normally approved by the court, which checks that the amount is reasonable before it is accepted.
The money is protected, usually held by the court, until the child becomes an adult, with applications possible in the meantime for things the child needs.
You can also wait. The three years do not start until the child turns eighteen, so a claim can usually be brought until their twenty-first birthday. For serious injuries there are often good reasons to start earlier, because evidence is easier to gather and support may be needed sooner.
Claiming for an adult who lacks mental capacity
An adult who does not have the mental capacity to manage a claim can be represented by a litigation friend in the same way. That is often a family member, and it can also be a deputy appointed by the Court of Protection or another suitable person.
Where someone lacks capacity, the three year time limit may not run at all for as long as that remains the case. This can mean a claim is still possible many years after the events.
As with a child's claim, any settlement is normally approved by the court and the compensation is managed on the person's behalf rather than paid out directly.
Claiming after someone has died
Where someone has died and their care may have played a part, a claim may be brought in two ways: by their estate, for what the person themselves went through, and by family members who were financially dependent on them.
The time limit is usually three years from the date of death, or from when the family first knew there might be a link to the care.
What an inquest does, and what it does not do
If there is an inquest, that is a separate process from a claim. It is worth understanding the difference, because families are often told that the inquest will establish what happened.
An inquest does not decide who is to blame. A coroner establishes who died, and how, when and where they died. The coroner does not determine civil liability and cannot award compensation.
What an inquest can do is help families understand what happened, and it produces evidence and witness accounts that may be relevant later. If an inquest has been opened, it is usually worth taking advice before it takes place rather than after.
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If you would like to talk it through
There is no rush and no obligation. When you are ready, you can tell us what happened and we will explain what may be possible for the person you are asking about.
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A litigation friend is an adult who conducts a claim on behalf of a child, or on behalf of an adult who lacks the mental capacity to manage it themselves. It is often a parent or close family member.
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Any settlement is normally approved by the court and the money is protected until the child becomes an adult. Applications can usually be made in the meantime for things the child needs.
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A claim may be brought by the person's estate, for what they themselves went through, and separately by family members who were financially dependent on them.