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How To Claim Pneumonia Misdiagnosis Compensation
Read this guide to learn how to claim compensation for your suffering caused by a pneumonia misdiagnosis.
£85 million in compensation
How To Claim Pneumonia Misdiagnosis Compensation
Read this guide to learn how to claim compensation for your suffering caused by a pneumonia misdiagnosis.
How Much Compensation For A Pneumonia Misdiagnosis?
Pneumonia is a respiratory disease that causes inflammation of the lungs. Without quick and effective treatment, this can be life-threatening and cause extensive and prolonged damage. As such, a pneumonia misdiagnosis may cause sufficient harm and suffering to a patient. This guide will explain how, if a medical professional’s inadequate actions caused this, patients may be eligible to start a misdiagnosis claim to potentially receive compensation for their suffering.
What You Need To Know
- Pneumonia misdiagnosis claims allow patients to claim compensation for the avoidable harm they suffered.
- The compensation you may be awarded depends on the extent of your harm and financial losses.
- You must obtain evidence that demonstrates how the medical professional caused your unnecessary harm.
- You typically have 3 years to start a medical negligence claim, although some exceptions may apply.
- Our excellent solicitors may help you claim compensation for your suffering on a No Win No Fee basis.
If you have any questions about pneumonia negligence claims, or you would like to start one today, contact our helpful advisors by:
- Visiting our contact page
- Calling them on 0151 375 9916
Can I Claim For Pneumonia Misdiagnosis Compensation?
You may be able to claim pneumonia misdiagnosis compensation if you meet the following claims criteria:
- A medical professional owed you a duty of care
- The medical professional breached their duty of care through negligent conduct
- This caused you to suffer unnecessary or avoidable harm
Medical professionals, whether private or within the NHS, have a legal obligation to adhere to good medical practice in order to maintain their duty of care. If they fail to do so and commit negligent conduct, causing your pneumonia misdiagnosis, you may be eligible to start a claim.
For example, you may visit A&E for symptoms of pneumonia. However, the medical professional failed to complete a chest X-ray and sent you home with antibiotics for a chest infection. As you did not receive the correct diagnosis, this may cause you to suffer prolonged damage to the functioning of your lungs, which was avoidable. Therefore, you may be entitled to compensation.
For more information on the pneumonia misdiagnosis claims process or to start it today, please contact our helpful advisors.
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What Compensation Can I Get After A Misdiagnosis Of Pneumonia?
If you have suffered from a pneumonia misdiagnosis, you may be entitled to compensation for the harm you suffered and any financial losses this caused you to incur. The overall figure you may be awarded will be determined under the heads of claim, general damages and special damages.
Under general damages, you may receive compensation for the physical and psychological harm you suffered as a result of the misdiagnosis. This will be calculated using a report created by your independent medical assessor that states your harm and compensation guidelines presented by the Judicial College (JCG).
The JCG contains a list of injuries and their suggestive compensation brackets. You can see examples of this in the table below for the harm you may suffer as a result of a pneumonia misdiagnosis. Please note that the top figure was not taken from the JCG, and all brackets should be used as guidance only.
| Harm | Compensation Guideline | Explanation |
|---|---|---|
| Multiple Severe Injuries and Significant Financial Losses | Up to £250,000 plus | This may be awarded to individuals who suffer numerous severe injuries, resulting in substantial financial losses. |
| Lung Disease (a) | £122,850 to £165,860 | This may be awarded to a young person who has a serious disability that may cause premature death. |
| Lung Disease (c) | £66,890 to £85,460 | This may be awarded for diseases that cause impaired lung function and difficulties breathing and sleeping. |
| Lung Disease (d) | £38,210 to £66,920 | This may be awarded for breathing difficulties requiring the use of an inhaler and having an impact on the claimant’s work and social life. |
| Lung Disease (e) | £25,380 to £38,210 | This may be awarded to those suffering from bronchitis and wheezing. However, there is no serious effect on their health or social life. |
| Lung Disease (f) | £12,990 to £25,380 | This may be awarded to those who experience slight breathlessness but this has no effect on their day-to-day life. |
| Asthma that is Severe and Permanent Disabling | £52,550 to £80,240 | This may be awarded to those who suffer prolonged coughing, breathing difficulties and sleep deprivation. Their enjoyment of life may also be taken into consideration. |
| Chronic Asthma | £32,090 to £52,490 | This award may be made to claimants with chronic asthma and breathing difficulties that require the use of an inhaler. Their employment prospects may also be taken into consideration. |
| Bronchitis and Wheezing | £23,430 to £32,090 | Claimants with bronchitis and wheezing may be awarded this, particularly if it impacts their work and social life. |
| Relatively Mild Asthma | £12,990 to £23,430 | This may be awarded to those who experience asthma-like symptoms. |
Compensation For Financial Losses
Under special damages, you may receive compensation for any financial losses you incurred as a result of the harm you suffered from your misdiagnosis. Some examples of the losses you may be reimbursed for include:
- Lost wages if you took time off due to your misdiagnosis
- Lost work benefits such as holiday entitlement or bonuses
- Medical bills, if you were required to pay for assessments or medication
- Childcare costs, such as nursery or childminder bills
- Travel bills for paying to get to and from appointments
- Care costs if you need support with self-care or home care
- Special equipment costs, such as payments for ventilators
When claiming special damages, you must provide evidence of your financial losses such as payslips, bank statements and receipts.
For a more specific example of the compensation you may receive for a pneumonia misdiagnosis claim, please contact our helpful advisors.
How Might Negligence Cause Pneumonia To Be Misdiagnosed?
If medical professionals commit negligent conduct or omissions, patients may suffer from a misdiagnosis of pneumonia. Some examples of how this may happen include:
- Delaying a patient’s treatment
- Failure to recognise the patient’s symptoms
- Failure to send the patient for further tests, such as blood tests
- Failure to complete scans such as X-rays
- Failure to review a patient’s medical history
- Failure to complete the correct observations on a patient
- Failure to prescribe the correct or any medication
If you believe that a medical professional was negligent in causing your pneumonia misdiagnosis, discuss this with our advisors to find out if you can claim compensation.
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What Conditions Can Pneumonia Be Mistaken For?
The symptoms of pneumonia often overlap with those of other illnesses. As such, there are many conditions pneumonia may be mistaken for, such as:
Pneumonia can result in lasting damage, so it is imperative that medical professionals conduct thorough examinations on patients to ensure they receive the correct diagnosis at an early stage. This may prevent patients from suffering further harm or lasting damage.
If your pneumonia was misdiagnosed as another condition, contact our advisors to determine if you are eligible to claim compensation for your suffering.
What Are The Consequences Of Misdiagnosed Pneumonia?
There are many consequences of misdiagnosed pneumonia, often causing patients to suffer further harm or to pass away. Some examples of the impact caused by a pneumonia misdiagnosis include:
- Delayed treatment
- Incorrect prescriptions or treatment
- Additional illnesses, such as sepsis or lung damage
- Long-term complications, such as respiratory issues
Regardless of the consequences you suffered as a result of misdiagnosed pneumonia, you may be entitled to compensation for this.
Contact our advisors at any time to determine if you can start a claim for the harm caused by the pneumonia misdiagnosis.
Fatal Pneumonia Misdiagnosis
Pneumonia can be a very serious medical condition that may result in fatalities. According to the Office for National Statistics, 19,642 people passed away from this illness in 2020. As such, it is important that medical professionals can recognise the symptoms of it and provide patients with the correct treatment.
Suppose a medical professional misdiagnosed your loved one’s pneumonia through negligent conduct or omissions, and this resulted in their death. In that case, you may be eligible to start a wrongful death claim for their passing.
Under the Law Reform (Miscellaneous Provisions Act) 1934, the deceased’s estate may claim for the harm and losses the deceased suffered prior to their death. However, if they do not claim within 6 months of their death, the deceased’s relatives may start one under the Fatal Accidents Act 1976.
If you or your loved one has suffered from a misdiagnosis of pneumonia, please contact our advisors to discuss the steps you may take to start a compensation claim.
How Can I Prove My Pneumonia Misdiagnosis Was Due To Negligence?
You can prove that your pneumonia misdiagnosis occurred due to negligent conduct by obtaining evidence. This is a bundle of information that helps to paint a picture of how the medical professional was responsible for the unnecessary harm you suffered.
Proving third-party liability is more straightforward with the more evidence you are able to collect. Therefore, it is essential to maintain a record of any information you have that supports this.
Some examples of evidence that may help to prove your pneumonia misdiagnosis claim include:
- Copies of your medical records that state your misdiagnosis
- Copies of your prescriptions that state the medication you were given
- Copies of any medical scans you had, such as X-rays
- Copies of complaints you made regarding your misdiagnosis
- Diary entries of the symptoms you experienced
- Copies of correspondence with the third party
- The contact details of anyone who witnessed the negligent conduct
If you are still recovering from your misdiagnosis, our excellent solicitors may help you obtain evidence to support your claim. Once all the information has been collected, they can then review it to try and establish third-party liability.
If you would like more examples of the types of evidence that may help prove how your pneumonia misdiagnosis resulted from negligent conduct, please contact our helpful advisors.
Is There A Set Time I Need To Bring My Pneumonia Claim By?
There may be a set time limit for starting your pneumonia negligence claim. This is typically a duration of 3 years that commences on either:
- The date you suffered from the negligent conduct or,
- The date you received knowledge of the negligent conduct
This 3 year period generally applies to all medical negligence claims under the Limitation Act 1980. However, it does take into account that some people may not be able to start a claim within this period. As such, there are some exceptions to this rule. For example, the time limit may not be in place if:
- The claimant is a minor, as they are unable to start a claim on their own. Instead, the time limit begins when they turn 18 and ends when they turn 21.
- The claimant lacks the mental capacity to start a claim independently. Here, the time limit is indefinitely paused but will commence if they regain their mental ability.
If the pneumonia misdiagnosis claim time limit is paused, a litigation friend may start the claims process for the claimant. Anyone may take on this responsibility if they are over the age of 18 and are able to make legal decisions in the claimant’s best interests.
If you would like help to determine whether you are within the timeframe to start a claim or need more information about the role of a litigation friend, please contact our helpful advisors.
Why Claim For A Misdiagnosis Of Pneumonia With Our Solicitors
Our excellent solicitors have undergone extensive training to become specialists in medical negligence claims. Furthermore, they have accumulated decades of combined experience in helping their clients secure over £90 million in compensation. As such, you may benefit from their legal expertise and skills when claiming pneumonia misdiagnosis compensation.
Some ways our solicitors may support you with your pneumonia misdiagnosis claim include:
- Walking you through every stage of the claims process
- Explaining key legal terminology with our legal glossary
- Helping you obtain evidence to help establish third-party liability
- Explaining how your compensation may be calculated
- Helping you apply for interim payments to help pay medical costs
- Setting you up with medical appointments, such as physiotherapy
- Completing negotiations for settlements with third parties
- Supporting you on a No Win No Fee basis
At JF Law, we take pride in delivering an exceptional standard of customer service. As such, our advisors will be there to support you 24/7, and our solicitors will utilise their legal expertise throughout your claim. This is because our goal is to help you claim the compensation you deserve for your pneumonia misdiagnosis.
If you would like to learn more about how you may benefit from starting a claim with our solicitors, please contact our friendly advisors.
No Win No Fee Misdiagnosed Pneumonia Claims
You may start your pneumonia misdiagnosis claim with our excellent solicitors on a No Win No Fee basis. This is because they offer their services under a Conditional Fee Agreement (CFA). There are many benefits to claiming on a No Win No Fee basis, such as avoiding upfront costs for the work your solicitor completes on your claim.
Although you will pay a success fee if your claim is successful, this will be deducted as a small percentage of your compensation, capped by law. On the other hand, if your claim is unsuccessful, your solicitor will not request that you pay this fee. However, our solicitors will utilise their experience and legal skills to try and reach a settlement in your favour.
Contact Our Medical Misdiagnosis Solicitors
If you would like to start a medical negligence claim to receive compensation for your harm caused by pneumonia misdiagnosis, please contact our helpful advisors today by:
- Visiting our contact page
- Calling them on 0151 375 9916
Our lines are open 24/7. Therefore, you can contact our advisors at a time that suits you.
Learn More
If you would like to learn more about medical negligence claims, you can read the guides linked below.
- How to start a medical negligence claim
- Learn how to start a GP negligence claim
- Read about surgery negligence claims
References:
- Find out if you are eligible for statutory sick pay, GOV.UK
- Find your nearest urgent treatment facility, NHS.UK
- Information about NHS resolutions, NHS.UK
Thank you for taking the time to read this guide, which explains how to claim compensation for a pneumonia misdiagnosis. We hope that this guide was helpful.
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