Misdiagnosis and the outcomes
For some the seeking of medical help or assistance when not feeling themselves can cause a sense of vulnerability, however naturally, we all trust medical professionals. Majority of the time this trust is well placed and we receive the correct diagnosis. But, there are rare cases when a medical professional has incorrectly or failed to, diagnose a condition which has lead to further psychological distress or physical pain.
If you were misdiagnosed, by your GP, an NHS doctor, private doctor, healthcare professional or physiotherapist then you could be entitled to make a compensation claim, get in touch with our team today and see how we can help you.
Have I been misdiagnosed?
If you feel unsure as to whether you have been misdiagnosed but can answer “yes” to one of the questions below, then it is likely you have had a misdiagnosis and could be eligible to make a claim, did your doctor:
- Provide you with the incorrect or unsuitable medication or treatment due to an incorrect diagnosis impacting negatively on your health
- Fail to diagnose your condition leading to a deterioration in your physical health or mental well-being?
- Delay in correctly diagnosing your condition? A failure to diagnose an injury or illness straight away can result in further complications that can often be very serious, common examples of this are:
- Meningitis – this is a bacterial condition that can be life-threatening; therefore, it needs to be dealt with as a medical emergency
- Subarachnoid haemorrhage – this is a bleed on the brain and can often be mistaken for headaches and migraines
- Cauda Equina syndrome – this condition is when a slipped disc presses on nerves, urgent medical attention is required so a misdiagnosis can delay recovery
- Appendicitis – this can be life-threatening, urgent surgery is required to remove a person’s appendix, a misdiagnosis could lead to infections, abscesses or blood poisoning
- Ectopic pregnancy – when the fetus plants itself outside the womb in the woman’s fallopian tube which can cause the tube to rupture, resulting in pain and bleeding
- Cancer – a delayed diagnosis here can cause a serious effect on how well the patient is able to fight the condition and could have a fatal result
The above are the common examples, but if you feel your condition has been misdiagnosed then contact our legally trained team today, we can talk through your situation and give you the support and guidance you need.
How will I prove my misdiagnosis in order to make my claim?
If you have suffered due to a misdiagnosis, then you could be eligible to make a personal compensation claim. The success of your claim will be dependant upon the ability to demonstrate the misdiagnosis was due to medical negligence and that the injury, suffering and financial impact has resulted due to the negligence.
Due to the nature of the evidence required, misdiagnosis claims can be some of the more complicated claims. To successfully pursue a claim it must be evident that the treatment which you received fell below a level which could have been reasonably expected and due to this you sustained pain, injury and suffering.
As the law develops, the outcomes of cases can be used as an example in order to decide whether a medical professional has acted negligently, in misdiagnosis claims the Bolam test is used, “a medical professional is not guilty of negligence if he has acted in accordance with a practice accepted as proper by a responsible body of medical men skilled in that particular art. Putting it the other way round, a man is not negligent, if he is acting in accordance with such a practice, merely because there is a body of opinion who would take a contrary view.”
The above “case law” has also been expanded on slightly to cover cases that involve the patient could not have provided informed consent for treatment due to the medical professional not providing them with all of the necessary information required e.g. the risks in receiving the treatment.
Even though the basics are the same if you have been treated in private practice or the NHS, the NHS has a written constitution outlining your rights including your right to:
- Make a complaint and have it dealt with efficiently
- Be told the outcome of any investigations made for you
- Take your case to the Parliamentary and Health Service Ombudsman, if you feel you have been treated unfairly
- Receive compensation if you have been injured due to an act of negligence.
How long will my claim take?
Depending on the complexity and severity of your claim will depend on how long the case will take to settle. It will also depend on the party being pursued for example, if your solicitor is pursuing your medical negligence claim with NHS Resolution (government body handling NHS claims) or an insurance company of a medical professional (private healthcare).
After our solicitor has assessed your claim, they will be able to give you a rough idea of how long the process might take. They do usually aim to settle cases within a few months; however, depending on the complexity and intricacy of the case some cases can take a few years or more.
I want to make a claim for my misdiagnosis, what do I do?
If you want to start your personal compensation claim today then contact our legal advice team, we will be able to guide you further on the process, answer any questions you may have and assess your claim. All of our calls are free and confidential with no-obligation.
No pressure will ever be put on you to make a claim but if you do decide you want to proceed with our services we can get your claim set up today with one of our experienced specialist solicitors who has a proven success rate.
We will tell you if we can work on your claim on a No Win No Fee basis, so you don’t need to worry about any more financial stress while recovering.
Get in touch today, we can get your claim up and running in one quick and easy phone call, or you can fill in your details and we’ll call you.
What is a “No Win No Fee” basis?
No Win No Fee means there are no upfront costs for pursuing your claim and if your claim is unsuccessful you will not have to pay a penny.
No Win No Fee agreements give people who cannot afford legal representation the opportunity to pursue their legal rights and gain the justice they required to make a compensation claim.
No Win No Fee means our solicitors will work on a success fee basis rather than charging you any upfront costs.
If for any reason, we cannot take your medical negligence claim on a No Win No Fee basis then we will tell you straight away and discuss other options available to you.