Medical Misdiagnosis Claims
Medical claims, especially medical misdiagnosis claims can have devastating, even fatal, effect. When you have concerns about your health, you expect the professional you see to give you the correct advice, or at least know when to refer you to a specialist for further assessment. If you think you may have been misdiagnosed then get in touch with The Medical Negligence Experts for advice.
We work with expert medical negligence lawyers around the UK. Wherever you are, we can help you access the rehabilitative support you need and the compensation you deserve to move forward from your injury.
What are Medical Misdiagnosis Negligence Claims / Incorrect Diagnosis Negligence Claims?
Medical claims are one of the most frequent types of claims made in the UK, both against NHS and private practices. We have the experience and knowledge you need to make a successful claim whether you have suffered incorrect diagnosis, delayed diagnosis, or misdiagnosis.
Incorrect diagnosis happens when a medical professional makes a mistake when diagnosing a condition that may cause a patient to undergo unnecessary medical treatment. For example, a mistaken cancer diagnosis could result in a patient having healthy tissue removed and invasive radiotherapy or chemotherapy, while an incorrect diagnosis of appendicitis may lead to a patient having an unnecessary surgery and being exposed to the associated risks.
Late or delayed diagnosis occurs when an illness is correctly identified but only when it initial symptoms have been ignored and it is in an advanced state. Late diagnosis happens more frequently than you may expect. For example, 40 percent of patients who receive an emergency diagnosis of bowel cancer have what are termed “red flag” symptoms which were either ignored by GPs or dismissed as being something less serious than cancer. This dismissal can equate to medical negligence as nearly 90 percent of bowel cancers can be treated successfully if identified early, while late diagnosis can mean complicated and invasive treatments that affect the quality of a patient’s life and reduce their expectancy of survival.
Sometimes a healthcare professional can take all reasonable steps towards diagnosis and still make a mistake. A situation like this would not be considered clinical negligence. An incorrect diagnosis can occur for any number of reasons including:
- A GP or specialist failing to investigate symptoms sufficiently. Doctors should look at all symptoms and potential illnesses, ruling them out until they find the likely cause. They should not try to fit symptoms to an illness.
- Not requesting the right tests.
- Failing to take a patient’s medical history and family health background into account when investigating potential diagnosis.
- Inexperience or lack of training on behalf of a doctor. They are not negligent because they have a lack of knowledge of a particular condition, but their treatment may be considered negligent if they do not refer their patient to a more experienced doctor and seek assistance with diagnosis.
- Mistakes made by inexperienced doctors or technicians who do not have adequate supervision. An example of this is a trainee working in A&E or in a testing lab whose work is not monitored for quality.
- Misreading or misinterpreting test results, scans and x-rays. A sample case study of this type of medical negligence featured a woman whose delayed breast cancer diagnosis was caused by her doctor failing to read her test results in full. Something as simple as turning a page could have saved her a mastectomy and reconstructive surgery.
Claiming Compensation for Misdiagnosis
The Medical Negligence Experts have extensive experience in helping victims that have been misdiagnosed to get the compensation they deserve in recognition of the pain and suffering endured unnecessarily. We work with medical negligence lawyers around the country and can introduce you to one who has experience in successfully handling claims like yours.
To make a valid claim, you need to demonstrate that you suffered a standard of care below what is reasonably considered acceptable in any similar facility. You also need to show that this negligence directly caused you to suffer injury or an avoidable deterioration of your health. This second aspect is referred to as causation, and it must be present with evidence of negligence for your claim to be valid.
Get in touch with The Medical Negligence Experts if you believe you have been the victim of incorrect diagnosis negligence, or if you suspect you may have been but are not sure. One of our legal advisors can discuss the circumstances around your illness and investigate to see whether you may have grounds to claim compensation. They can also inform you of how the process works and what you can expect to happen should you decide to raise a claim. This consultation is free of charge, and there is no obligation on your part to proceed with an application for compensation if you decide it is not the right choice for you.
We are happy to answer any questions you have about claiming compensation for incorrect diagnosis negligence. We have started by listing the answers to some of those most frequently asked by clients who are considering making a claim. If the answer to your question is not listed here, please get in touch by calling or filling in our online form.
Is there a time limit for making a claim?
You have three years from the date of your negligent care to start a compensation claim. In the case of incorrect diagnosis claims, this is typically from the date it was recognised that an incorrect diagnosis was made, or when it was identified that this caused a deterioration in your health. Expert legal advisors recommend you contact a specialist medical negligence solicitor as soon as you realise you have been a victim of an incorrect diagnosis. The earlier you speak to us, the sooner we can start investigating and collecting evidence to support you if you decide to apply for compensation.
How can I fund a medical misdiagnosis claim?
Hiring a solicitor privately can be expensive, and there is no guarantee you will receive compensation. We believe everyone should have access to quality legal advice and representation, which is why The Medical Negligence Experts offer the option of raising a No Win No Fee* incorrect diagnosis claim.
A No Win No Fee* misdiagnosis claim takes the financial risk out of making a compensation claim. Instead of paying a lawyer to represent you and investigate your claim, you pay no legal fees up front, and none at all if your application is not successful. If you win, the defendant will pay your legal fees, and you pay your solicitor a success fee, which is an agreed percentage of your compensation. You may already have an insurance policy that covers you if you lose your claim and need to pay the defendant’s legal fees, but if not, we can talk to you about an After the Event policy that will protect you from this expense.
In addition to being affordable, No Win No Fee* incorrect diagnosis claims give you the confidence that there is a significant chance your claim will succeed. Your lawyer will not offer a No Win No Fee* agreement unless they believe there is a good likelihood it will have a positive result for you, and because their payment depends on the outcome of your claim, you can trust that they will be working hard to ensure you obtain maximum compensation.
How much compensation will I get?
Payment is calculated in two parts. The first part is referred to as general damages and relates to your injury and the pain and suffering you have endured. There are industry guidelines that are regularly updated so that your medical negligence solicitor can give you an idea of what a fair amount of compensation is.
The other part of your compensation payment will be for special damages. This payment is for any expense your injury has caused. Examples can include if you have lost wages due to ill health or recovery time that would have been unnecessary if your doctor had given you a correct diagnosis, or if you need any prescriptions or medical treatment to help your rehabilitation. There is no reason you should suffer financially as well as physically, and special damages will repay you for any reasonable expense.
Can I claim compensation on behalf of someone else?
You can act as a litigation friend and raise a compensation claim for someone if they are under the age of 18, or if they are unable to manage their finances due to a condition like dementia or because they are in a coma. Any compensation awarded will go into a trust for the victim and either held on their behalf until they can legally take control of it, or used for ongoing medical treatment and to enhance their quality of life.
How long does an incorrect diagnosis compensation claim take?
Once they have researched your case and submitted your request, your medical negligence lawyer will be able to give you an indication of how long it will take. It can take several months to compile the evidence for a claim, and the defendant then has four months to do their investigation and respond either accepting or denying responsibility. It is not uncommon for cases to take 18 months to two years, and longer in the situation of complex illnesses or where liability and the effects of the incorrect diagnosis are disputed.
Will I have to go to court for a medical misdiagnosis claim?
It is extremely unlikely that you will have to go to court. Only a tiny proportion of medical negligence applications end up being heard by a judge. In the majority of claims, we can negotiate a satisfactory settlement for our clients without the need for further litigation. The two main reasons we may recommend you submit your claim to court is if the other party does not admit liability but we have the proof that they were responsible, or if they refuse to offer what we believe to be a fair and appropriate amount of compensation.
Compensation claims are heard in a civil rather than a criminal court. There is no jury and, although a judge presides over the hearing, they are dressed in regular business clothing and not in a black robe and wearing a wig. Both sides will present their case – we will arrange for a barrister to represent you – and the judge will assess the evidence and make a final and binding decision. Less than two percent of all NHS negligence claims go to court. 98 percent of them reach a satisfactory conclusion out of court, while the rest are dropped through insufficient evidence or because they were not valid.
Will my treatment be affected if I request compensation?
You will not be discriminated against for making a claim for damages for incorrect diagnosis negligence, whether your claim is made against a private practitioner or against the NHS. Your treatment may be positively affected if you seek compensation to pay for private treatment made necessary due to your injury. An example could be to skip a lengthy NHS queue and access rehabilitative therapy through a private practitioner.
How can I start a claim?
Your successful compensation claim begins by getting in touch with The Medical Negligence Experts. We will talk to you about your circumstances and research the facts around your incorrect diagnosis. If we believe there is enough evidence to prove negligence, we well set up an agreement to act as your lawyers so we can begin to prepare your claim correctly. This claim is submitted to the defendant who has four months to reply and accept or deny liability. Once their response is received, we can begin negotiations with the purpose of you receiving maximum compensation out of court, in the shortest possible time.
Call today or fill in our online contact form and let us know when you’d like a call back. The Medical Negligence Experts have helped many victims of incorrect diagnosis obtain compensation to move on from their injury. Ask how we can help you do it as well.
Need some help?
Am I eligible?
If you have suffered from medical negligence in the past 3 years, the short answer is yes.
However, medical negligence can be complicated, so we recommend that you speak with one of our expert solicitors - It’s Free.
How much could I claim?
As every medical case is different, the amount of compensation paid out can differ. Varying factors lead to the final figure include: Level of negligence, earnings missed out on, future losses and more.
Our experienced team of experts will give you an indication of how much you could potentially claim.
How does the process work?
We understand that when making a claim it’s important to know what to expect and when to expect it. That’s why we make the process as transparent as possible.
Your solicitor will gather all the evidence and will notify the negligent party of your claim against them. With your dedicated solicitor negotiating on your behalf, you will be kept up to date every step of the way.
Why should you use us?
No Win No Fee
We offer a No Win No Fee* service on all our claims - We assess each claim on its merits with the information provided, which aids us to determine its likely success rate. This takes the risk away from you.
Our experienced solicitors are experts in securing compensation no matter the level of negligence.
We are committed to securing the best possible outcome for you, while providing friendly support every step of the way.
Personal Dedicated Solicitors
On contact, you will be allocated your own expert Medical Negligence solicitor who will be there every step of the way. You will be provided with a direct phone number and direct email address of your solicitor.
Expert Medical claims solicitors working for you
We specialise in helping victims of medical misdiagnosis claim the compensation they deserve.
We work on a No Win No Fee basis, meaning if we don’t win your case, you don’t pay! Once you make contact, your experienced solicitor will work to recover the maximum compensation you are entitled to.
Whether you are ready to make a medical negligence claim, or you would just like a free conversation with a legal professional, we have experts on hand to give you all the information you need. Take the first step to getting what you deserve by filling in our quick contact form and we will call you back whenever suits you.