Can I Make A Misdiagnosis Claim?
In our guide to making a misdiagnosis claim you can find out when and how a specialist solicitor could help you claim compensation.
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Can I Make A Misdiagnosis Claim?
In our guide to making a misdiagnosis claim you can find out when and how a specialist solicitor could help you claim compensation.
Misdiagnosis Claim – Could I Make One?
In this guide, we examine whether you are eligible to make a misdiagnosis claim. When you seek medical attention, you should expect that the healthcare professionals are providing treatment that meets certain standards. If they fail to do so and you experience harm that you wouldn’t have otherwise, you could be eligible to claim medical negligence compensation.
Firstly, we’ll explain how a misdiagnosis could occur. This will be illustrated with a few examples. Additionally, we examine the medical negligence claims eligibility criteria that you must meet in order to have a valid case. We’ll also look at the time limits in which you have to launch a claim and what evidence you could submit in support.
Furthermore, if you suffered due to a misdiagnosis, you may want to know how compensation could be awarded for a successful claim. We’ll take a look at what impacts medical negligence settlements.
To conclude, we look at the benefits of having a solicitor to help with your case as well as explaining how you could have support on a No Win No Fee basis.
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If you have any questions about the claims process or if you would like a free case assessment, get in touch with our advisors.
- You can call us now on 0151 375 9916.
- Send a message via our ‘contact us’ page.
- Talk to a member of our team via our live chat.
What Is A Misdiagnosis Claim?
Medical misdiagnosis occurs when medical professionals (such as a GP or other healthcare provider) fail to provide the correct diagnosis to a patient. They may provide the wrong diagnosis of an illness or a delayed diagnosis of an injury.
If your condition was wrongly diagnosed as something else, you could make a misdiagnosis claim. However, you will need to satisfy certain eligibility requirements.
All medical professionals have a duty of care to their patients. To meet their duty of care, healthcare professionals should perform their duties to the degree expected of their profession. The failure to do so may constitute medical negligence.
To make a misdiagnosis claim,
- You must have been owed a duty of care by a healthcare or medical professional.
- The healthcare or medical professional must have breached this duty of care.
- You suffered unnecessary or avoidable harm as a result of the misdiagnosis.
What Conditions And Illnesses Could Be Misdiagnosed?
Many different conditions, such as illnesses or injuries, could be misdiagnosed. Conditions which may be misdiagnosed could include;
- Broken or fractured bones.
- Cancer. For example, according to the Bone Cancer Research Trust, 76% of cases of primary bone cancer are misdiagnosed.
- Heart attacks and heart disease.
- Internal injuries, including internal bleeding.
- Illnesses such as meningitis, diabetes or appendicitis.
For more information on misdiagnosis claims, please speak to a member of our team.
How Could Medical Professionals Misdiagnose Your Condition?
There are various ways in which medical professionals could misdiagnose your condition. Factors which could contribute towards the misdiagnosis of a condition could include;
- A GP may fail to take into account all of your symptoms when you explain them. This could cause them to provide an incorrect diagnosis.
- Misinterpreting test results or a medical scan. A doctor may miss a hairline fracture on an x-ray or misinterpret the results of a blood test.
- Similar to above, a medical professional may have requested the wrong type of test, leading to the wrong diagnosis.
- Negligent inaction by a medical professional. The medical professional may not have taken a full medical history or failed to refer you for testing.
It should be noted that not all instances of misdiagnosis may be considered negligent. For example, your doctor may have considered all your symptoms and referred you for all of the correct tests, but you could still have been misdiagnosed.
Contact our team for an assessment of your case and to find out if you could make a medical misdiagnosis claim.
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How Long Do I Have To Make A Misdiagnosis Claim?
There are time limits in which you could make a misdiagnosis claim. These are set out in the Limitation Act 1980. Under such legislation, most claimants will have three years in which to start a medical negligence claim.
There are, however, exceptions to this three year rule. For example, those who do not have sufficient mental capacity to make a medical misdiagnosis claim themselves are not subject to this time limit. A Litigation friend may begin a claim on their behalf at any point. If the person does regain their mental capacity, they will then have three years in which to claim.
Similarly, those aged under eighteen are also unable to claim on their own behalf. A Litigation friend may claim for them at any point until their eighteenth birthday. Once they reach the age of eighteen, if a claim has not been made, they will then have three years in which to claim.
For more on making a misdiagnosis compensation claim, please contact our team.
Can I Make A Misdiagnosis Claim On Someone Else's Behalf?
As seen above, there are circumstances in which you could make a misdiagnosis claim on someone else’s behalf.
Where a claimant is either under the age of eighteen or where they lack the mental capacity, you could act on their behalf.
To do so, you will need to apply to the courts to be appointed as a Litigation friend. A Litigation friend must be a suitable adult. Parties who could act as a Litigation friend could include;
- A parent or guardian.
- Another family member.
- A solicitor.
- Professional advocates.
For more information on making a medical misdiagnosis compensation claim, speak to our team.
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Can I Claim If I'm Still Receiving Treatment?
We can understand that if you are still receiving treatment for your condition, you may be concerned about making a claim against the service provider still caring for you.
However, a medical service provider (such as a hospital or your GP) legally can not refuse to treat you because you have made a complaint or claim against them. This means that your treatment will not be affected.
We also understand that you may be more comfortable choosing to switch your treatment to another facility. You can request that you be transferred if this is the case.
Our team could help you to make a misdiagnosis claim with a medical negligence lawyer.
What Evidence Can Help In A Medical Negligence Claim?
An important step in the misdiagnosis claims process is to collect evidence. The more evidence you have, the stronger your case may be. Evidence can help to show what harm you suffered and how serious it was. Evidence can also help to show who was at fault.
Types of evidence which could help you to claim may include,
- Copies of your medical records. Your medical records may show the original diagnosis and what (if any) treatment you received. Medical records will also show the subsequent correct diagnosis and what treatment was necessary.
- Copies of any scans, x-rays or test results. These could show the progression of your illnesses or the worsening of your injury.
- A diary of your symptoms. Tracking the progress of your symptoms over time can be helpful.
When making a medical misdiagnosis claim, peers of the healthcare professional may review the care provided to you. They will determine whether an acceptable standard of care was provided or not. This is called the Bolam Test.
How Much Compensation For An Incorrect or Delayed Diagnosis?
How much compensation you could be eligible to claim may depend on factors such as;
- How you were harmed by the incorrect diagnosis or a missed diagnosis.
- How severe the harm was.
- What the wider impact of the harm was on you, e.g. losing income due to time off work.
Every successful claim is different and settled on its own merits.
Compensation may be awarded in two heads of claim. These are general damages which compensate for suffering and pain and special damages that compensate for your costs.
To calculate general damages, those tasked with doing so, such as a medical negligence solicitor, may refer to guidelines from the Judicial College (JC). The JC provides guidelines on what may be awarded for different types of injury and degrees of harm.
In rows 2-10 of the table below we have taken figures from the JC to illustrate what may be awarded. The first row is an example of what could be awarded for general and special damages combined. This figure is not from the JC.
Misdiagnosis Compensation Examples
| Harm | Severity | Notes | Compensation Guideline |
|---|---|---|---|
| Multiple serious forms of harm + special damages | Serious to severe | Compensation for multiple serious forms of harm with special damages. | Up to £500,000 + special damages |
| Sight loss | (b) Total blindness | Total loss of sight. Both eyes. | In the region of £327,940 |
| Kidney damage | (a) Permanent and serious damage to both kidneys | Serious and permanent damage affecting both kidneys. | £206,730 to £256,780 |
| Female reproductive system | (a) Infertility through disease or injury with sexual dysfunction. | Higher awards may also involve other significant medical complications, such as failure to diagnose an ectopic pregnancy. | £140,210 to £207,260 |
| Male reproductive system | (b) Impotence, loss of sexual function and sterility | Cases in a young person. | £140,220 to £181,020 |
| Bowel injury | (a) Cases of double incontinence | Double incontinence, total loss of natural function | Up to £224,790 |
| Bladder injury | (b) Complete loss of function | Loss of the bladder’s function and control. | Up to £171,680 |
| Deafness | (c) Total loss of hearing in one ear | Where the person also has headaches, tinnitus or dizziness, the award may be at the top of the bracket. | £38,210 to £55,570 |
| Spleen | (a) Loss of the spleen | Loss of this organ with the risk of internal infections. | £25,380 to £32,090 |
| Spleen | (b) Loss of the spleen | Where there is not a continuing risk of internal infection. | £5,310 to £10,550 |
Under the second head, special damages, you could claim for financial losses. There may be many and varied costs which you could claim compensation for. These could include;
- The cost of travelling to and from medical appointments.
- Professional care costs, such as care in the home.
- The cost of child care if you are unable to care for your children during your recovery.
- Adjustments to your home or vehicle. This may also include the cost of mobility aids.
- The cost of private medical care.
- The cost of prescription medication.
- Your lost earnings for time out of work to recover.
These are some examples of financial costs and losses which you may be compensated for. For your misdiagnosis claim to include special damages you will need to provide evidence of these. Evidence may include copies of invoices or wage slips.
For more information on making medical negligence claims with a No Win No Fee solicitor please call our team.
Claim For Medical Misdiagnosis On A No Win No Fee Basis
Are you ready to start a medical misdiagnosis claim against a hospital, GP or medical professional? If so, our team is ready to help you. Our solicitors are experienced in helping people to claim compensation for medical negligence.
They could help you whether you have been harmed by the wrong diagnosis or a delayed diagnosis. If you would like to make a misdiagnosis claim, one of our medical negligence solicitors could help you.
The benefits of claiming with specialist medical negligence solicitors include;
- Ensure that they build the strongest possible case for your claim. They may help you to collect evidence to do so.
- Explain complex legal terminology and jargon.
Making sure that misdiagnosis claims are valued correctly.
To help alleviate any worries you may have about the potential cost of claiming with a solicitor, our solicitors could offer to handle your claim under a type of No Win No Fee contract. Using a Conditional Fee Agreement (CFA), you;
- Will not have to cover upfront or ongoing solicitors costs.
- Do not need to pay if your claim isn’t successful.
Following a successful claim, a success fee will become payable. This will be taken from the compensation that has been awarded to you. This fee is a set percentage. It is also legally limited. This ensures that you get to keep the majority of your medical negligence compensation.
For more information on making a misdiagnosis claim, please contact our team.
- You can call us now on 0151 375 9916.
- Send a message via our ‘contact us’ page.
- Talk to a member of our team via our live chat.
Read More About Medical Negligence Claims
You can learn more about making a medical misdiagnosis claim in the resources below. We have included relevant guides from across our site and trusted external resources.
- In our guide to making a No Win No Fee claim we explain how the No Win No Fee claims process works.
- Get further information on the medical negligence claim process in this guide.
- You can learn more about making a medication error claim in this guide.
External resources
- Find out how to get a copy of your health medical records from NHS England at this resource.
- Find out more about The National Health Service (Clinical Negligence Scheme for General Practice) Regulations 2019 here.
- Learn more about Statutory Sick Pay in this government resource.
Thank you for reading our guide to making a misdiagnosis claim. For more information on how a medical negligence lawyer could help you, contact us today. Our team is on hand 24 hours a day to help you.
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