Experts in Medical Misdiagnosis Claims & Compensation
Medical misdiagnosis compensation claims are one of the most frequent types of claims in the UK. For the NHS and private practices alike, it’s frequent and it’s a reality of the medical profession.
We have the experience and knowledge you need to make a successful claim for misdiagnosis compensation. That’s true whether you have suffered wrongful diagnosis, incorrect diagnosis, delayed diagnosis, or misdiagnosis.
Misdiagnosis, in short, occurs when a medical professional makes a mistake when diagnosing a condition. In addition, that mistake may cause a patient to undergo unnecessary medical treatment.
For example, a mistaken cancer diagnosis could result in removing a patient’s healthy tissue. Even worse, either invasive radiotherapy or chemotherapy. Meanwhile, a wrongful diagnosis of appendicitis may lead to a patient having an unnecessary surgery and exposure to certain risks.
What are medical misdiagnosis compensation claims?
Late or delays in diagnosis occur when someone correctly identifies an illness, but:
- only after ignoring the initial symptoms, and;
- it is much further along than an initial diagnosis would suggest.
Late diagnosis happens more frequently than you may expect. For example, 40% of patients who receive an emergency diagnosis of bowel cancer have a “red flag” symptom or more. These red flag symptoms were either:
- ignored by GPs or;
- dismissed as being something less serious than cancer.
This dismissal can equate to medical negligence, in short. Nearly 90% of bowel cancers can receive treatment successfully if you identify it early. In contrast, late diagnosis can mean invasive treatments, complete with complications that:
- affect the quality of a patient’s life and;
- reduce their expectancy of survival.
What isn’t clinical negligence
Sometimes a healthcare professional can take all reasonable steps towards diagnosis and still make a mistake. The profession would not consider a situation like this to be clinical negligence, per se. 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 treatment may be negligent if they don’t refer the patient to a specialist doctor and seek assistance with diagnosis.
- Mistakes made by inexperienced doctors or technicians who do not have adequate supervision. For example, consider a trainee that is working in A&E or in a testing lab. Moreover, their work is not monitored for quality purposes and accuracy.
- Misreading or misinterpreting test results, scans and x-rays. A sample case study of this type of medical negligence misdiagnosis features a woman. Her delay in breast cancer diagnosis was a result of 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 Medical Misdiagnosis
The Medical Negligence Experts have extensive experience in helping people who have been misdiagnosed to get the compensation they deserve. Always in recognition of the pain and suffering these victims unnecessarily endure.
We work with medical negligence solicitors around the country. In short, we can introduce you to one who has experience in successfully handling clinical negligence misdiagnosis claims like yours.
To make a valid claim, you need to demonstrate you receive substandard care in comparison to any similar facility. You also need to show that this medical negligence misdiagnosis directly causes you to suffer:
- injury or;
- an avoidable deterioration of your health.
This second aspect of the claim is causation. Causation, in short, must be presented with evidence of negligence for your compensation for a medical misdiagnosis claim to be valid.
Speak with our experts
Get in touch with The Medical Negligence Experts if you believe you have been the victim of
- incorrect diagnosis negligence;
- clinical negligence misdiagnosis, or;
- negligence, but you merely suspect it at this time, yet are not sure.
One of our team can discuss the circumstances of your illness. Then, we’ll investigate to see whether you may have grounds to claim compensation. For NHS or private medical operations, we can be of service for legal advice and representation.
We can also inform you with free advice about:
- how the claims process works, and;
- what you can expect to happen should you decide to raise a claim for misdiagnosis compensation.
This consultation is free of charge, and there is no obligation on your part to proceed. You may decide, eventually, that an application for compensation is not the right choice for you. Moreover, we might also come to the same conclusion, as no two cases are always like-for-like.
Call today or fill in our online contact form and let us know when you’d like a callback. 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 make your case as well. Because a medical practitioner’s duty of care doesn’t leave when you leave the hospital. Ignorance of that duty may have time limits, but the loss of income and change to your life won’t.
Need more information?
We do more than just cancer misdiagnosis and claims against wrong treatment and other medical negligence claims. Our sister brand, The Compensation Experts, can be of assistance on matters relating to personal injury claims. They’ll also handle road traffic accidents and accidents at work, among others, on a No Win No Fee basis.
Need some help with Medical Misdiagnosis Compensation Claims?
Am I eligible?
If you have suffered from medical negligence in the past three 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 for Medical Misdiagnosis Compensation Claims?
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.
The experienced solicitors we work with are experts in securing compensation no matter the level of negligence.
They 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.
The solicitors we work with operate on a No Win, No Fee basis, meaning if they 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.
You have three years from the date of your negligent care to start a compensation claim. In the case of medical negligence misdiagnosis 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 clinical negligence misdiagnosis compensation.
Hiring a solicitor privately can be expensive, and there is no guarantee you will receive compensation for medical misdiagnosis. 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 upfront, 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 for compensation for medical misdiagnosis 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.
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 misdiagnosis 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.
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.
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.
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 per cent of all NHS misdiagnosis compensation negligence claims go to court. 98 per cent of them reach a satisfactory conclusion out of court, while the rest are dropped through insufficient evidence or because they were not valid.