Requirements to sue the NHS for misdiagnosis
September 21, 2020
Do you want to sue the NHS for misdiagnosis? Fun fact: an entire wing of this public sector healthcare organisation is set up to handle claims. NHS Resolution has, in short, been a rather busy outfit over the last few years. It’s common knowledge that nearly 100% of the claims that are brought find resolution before going to court.
Certain negligence cases, it appears, for negligent medical treatment causing injuries or illness, will lead to an amount of compensation.
But when it comes to a medical misdiagnosis, you’d better have a good compensation claims case. Frivolous lawsuits simply aren’t our bag: not like that litigation parody commercial from Saturday Night Live in the early 1990s.
Yep, it’s funny. Particularly because we can use it to separate what we do from what other frivolous, meritless litigants will do.
In short, we’ll only work with people that have a good reason to sue the NHS for misdiagnosis. As a result, let’s take a few moments to explore some myths and facts about suing the NHS.
Yep: You Do Need a Legitimate Reason to Sue the NHS for Misdiagnosis
FACT #1: Yes, there are Green & Fazio firms we’d never touch with a 39-and-a-half meter pole. Because a legitimate claim of medical negligence (particularly with misdiagnosis) does require merit. Specifically, a legitimate injury or illness as a result of negligent care delivered by a healthcare professional.
Let’s be straight here: the lawyers we work with are going to look into your case before agreeing to take it forward on a No Win, No Fee basis. If there’s a wrong diagnosis, we’ll examine the practices of the medical practitioner at the NHS Trust in question. We’ll explore the case files, and your medical records, thoroughly. We need to ensure there’s no pre-existing medical conditions or other extenuating circumstances the injury can be pinned to.
For us to make claims against the NHS, please contact us and be straight up with us. The solicitors we work with want an ironclad case to fund on your behalf.
Misdiagnosis? There’s any number of negligence claims
MYTH #1: A misdiagnosis is the only way to sue the NHS. FALSE! Truthfully speaking, there are multiple forms of misdiagnosis you might experience.
In fact, the following list of examples of negligence by doctors isn’t exhaustive. Nevertheless, it does cover some of the more common reasons clients suffer.
- For one, failing to refer a patient for scans or tests which would detect a serious illness.
- Also, an error in analysing your test results.
- Misdiagnosing a condition is another example.
- Prescribing incorrect medication (for example, the wrong strength), or;
- Prescribing medication the patient has a known allergy to.
- Recording patient information incorrectly, such as not taking note of a patient’s allergies.
- Not examining a patient thoroughly might also occur.
- Carrying out procedures that a medical professional can’t do.
Filing Within Time Limits
FACT #2: You only have a three-year time limit to submit an NHS negligence claim.
The starting date, however, for those time limits split into one of two factions:
- In most cases, it begins with the date of your misdiagnosis. Or;
- it starts on the date that you can officially declare that the misdiagnosis was shown to be the actual cause of injury or illness in question.
The Complaints Procedures
MYTH #2: following the complaints procedure will get you the compensation you deserve. FALSE!
Some victims, in fact, need to determine for themselves what they want when they suffer an unnecessary injury as a result of misdiagnosis. For those who suffer damages, such as loss of earnings or the incurring of new costs, a medical negligence claim for compensation is the smart move. But others might not have those goals, and may not be so bad off as a result of this clinical negligence.
Instead, what they might seek is an acknowledgement that they suffer mistreatment from a medical professional. Accordingly, the NHS Complaints Procedure is the smart choice. Moreover, an apology and acknowledgement from the NHS can also establish ways to ensure no one else suffers as you do.
But do realise: you won’t be in line to receive any compensation. So it’s nowhere near the same outcome of when you sue the NHS for misdiagnosis. Indeed, you can employ the services of a medical negligence solicitor for these purposes, and we’ll be happy to assist in cases of wrongdoing.
Violation of Trust
FACT #3: Above all else, a medical professional is breaching their duty of care if the misdiagnosis leads to an injury or illness. TRUTH!
There’s an inherent level of trust that goes into any consultation you have with a qualified medical professional, be they doctor or nurse. It’s a sort of unspoken compact between professional and patient, and the statistics verify it.
In fact, 95% of patients in England say they trust their GP to do a good job. In reality, why shouldn’t you? GPs diagnose, treat and refer you as necessary to obtain the best possible result.
Unfortunately, the need for GP negligence claims (especially when it comes to misdiagnosis) can become painfully necessary. Often, this can have devastating results too: for you, for your family, and even for a new arrival to the family in cases of birth negligence and misdiagnosis.
How to Fund it When You Sue the NHS for Misdiagnosis
MYTH #3: You’ve got to pay through the nose to even be in a position to get the compensation you deserve. A BIG TIME FALSE!
There’s just no need whatsoever to be out of pocket to attain the compensation you rightfully warrant. Our No Win, No Fee agreement means that everyone can afford quality legal representation. This is a contract which states that if your claim is unsuccessful, you do not have to pay your solicitor anything.
We work with CFA law firms nationwide, and their payment rests on the outcome of your lawsuit. As a result, they work hard to make sure it is a success. Consequently, if they take your case on, they believe in it.
If you win, the other party pays your solicitor’s costs: moreover, you will pay your solicitor a success fee. This amount is a percentage of your compensation payment which you agree upon at the start of your case. Find out more by reading our Guide to No Win No Fee Medical Negligence Claims.