Medical Misdiagnosis Claims Explained
It goes without saying that those who work in the health industry are human and humans can make mistakes. However it is when such mistakes are detrimental to a person’s health that such medical mistakes cannot be forgiven. Health care workers in the health industry work tirelessly each and every day to provide the public and private patients with a health service that is renowned in its reputation. With budget cuts and job losses health care workers are being stretched in their capacity and more now than ever mistakes are happening. There will never be a valid excuse for negligence acts that take place within this industry as people’s health is at stake. It is clear that more needs to be done so that people do not lose faith with the health industry. When making medical misdiagnosis claims its important to get free advice from a specialist solicitor.
Much of the work done by those that work in health is a credit to them and the organisations they work for this said the amount of negligence that is taking place is on the rise with more and more people claiming medical negligence compensation. For those who wish to claim compensation for the negligence they have incurred is not always a desire but a necessity as the negligence has caused a great up evil for them.
Medical negligence can take on different forms with misdiagnosis being one type of medical negligence. Misdiagnosis in itself is a broad term and there are a variety of different aspects of misdiagnosis which can have serious effects on a person health. Medical misdiagnosis forms a large part of the overall amount of medical negligence that takes place. As said previous we are fortunate enough to have a health service and treatments that are second to none but when things go wrong and negligence is committed this can have severe consequences not just on a person’s health but their life also.
If you feel that you have been a victim of medical misdiagnosis you can make a call on 0151 5505 262 to our highly specialised team of medical negligence solicitors who will be able to assist you with any queries you may have regarding the issue. You can also make an enquiry by filling in an online contact form and a member of the medical negligence team will be able to get back to you at a more appropriate time for you to discuss your case. We offer a free consultation where you can obtain free legal advice regarding your medical negligence claim. You could also check out our medical negligence compensation calculator before you contact our medical misdiagnosis solicitors.
Types of Medical Misdiagnosis Claims
There are different aspects to medical misdiagnosis all which can affect a person’s health and have consequences on their health these may include;
- Incorrect diagnosis – this can happen when a physician or health care practitioner is presented with symptoms from a patient and diagnoses a completely different illness or sickness that is incorrect. The repercussions from receiving an incorrect diagnosis can severely affect a person’s health and the condition that has not been diagnosed is not being treated and may worsen as a consequence. If the illnesses that is presented but not diagnosed is of a serious nature and not acted up on may leave the patient critically ill. It must also be said that if a patient is being treated for a condition they do not have as they were diagnosed wrongly then any medication or treatment provided to them may have consequences on the patients health.
- Delayed diagnosis – this may take place when a physician is unsure of the illness that is affecting their patient and in turn does not know exactly what the patient is suffering from. This can lead to diagnostic tests being delayed as uncertainty to which tests are required is present. This can result in the right treatment and medication being delayed causing the ailment to worsen.
- Partial diagnosis – sometimes the physician diagnoses the correct illness but misdiagnoses what aspect of the illness is present. Those who are diabetic do not all have the same type of diabetes as there are varies forms of it even though they may present similar symptoms. If diabetes is diagnosed but the sub group is incorrect this can have huge consequences if the wrong medication is prescribed as it may put the patient in a critical condition.
Overall if a patient is misdiagnosed it may allow a serious illness to worsen by the time it takes to get the correct diagnosis and treatment. Medication that is provided for illnesses that are diagnosed can in themselves cause health problems for patients.
How Much Compensation for Medical Misdiagnosis can be Awarded?
To be able to calculate an accurate amount for any medical negligence compensation claim is near on impossible until all the facts and evidence has been collected and a case has been evaluated. Each case of misdiagnosis is different from any other as no two people are the same and may be affected by the negligence in a different way. In order to validate a claim for medical misdiagnosis it must firstly be proven that a negligent act has been committed and that such negligence has caused an injury. The case will be investigated by a medical expert and it must be proven that no other physician of the same capability would cause the same mistake in the same circumstances. A misdiagnosis calculator can be used to give an estimate of damages that may be awarded but should never be taken as accurate estimates as many aspects of the negligence need to be taken in to consideration.
Types of Medical Misdiagnosis
Amounts Awarded In Terms of Compensation
|Delay in diagnosis of cauda equina syndrome||£250,000*|
|Delay in diagnosis of a fractured bone||£55,000*|
|Failure to diagnose calcaneal fracture||£450,000*|
|Knee amputation following misdiagnosis||£1.3 million*|
|Delay in diagnosis of deep vein thrombosis||£50,000*|
|Delay diagnosis of bedsores||£22,000*|
|Delay in diagnosing live cancer||£280,000*|
|Delay in diagnosis of bone cancer||£500,000*|
|Misdiagnosis of Chrons disease||£20,000*|
*all amounts show are for illustrative purposes only and should not be taken as fact amounts. For estimated compensation amounts concerned with dental negligence compensation please contact one of our senior negligence solicitors who will assist you with your enquiry.
Is There a Time Limit on Medical Misdiagnosis Compensation Claims Cases?
There is a three year time limit on any medical negligence claim cases including medical misdiagnosis cases. However there are exceptions these include;
- In many cases it is completely obvious that the treatment you have received has gone wrong, however in some certain circumstances it is not always apparent at the time and it may not be until sometime later that it occurs that a negligent act has been committed. In such circumstances the victim has three years after they become aware of the negligence, this is known as the date of knowledge to make a claim for compensation.
- If a person does not have the mental capacity to make a claim for compensation then they have three years after they make a full recovery from the mental illness.
- If the person suffering from the mental illness does not recover then they have a life time to bring a claim for medical negligence.
- A child has until the age of 21 to make a claim for medical negligence as this give them time once becoming an adult to decide if whether or not they want to pursue such a claim.
Can Medical Misdiagnosis Compensation Claims be agreed on through a No Win No Fee Agreement?
Most of the medical negligence compensation claims we take on including medical misdiagnosis are taken on on a No Win No Fee agreement or a Conditional Fee Agreement as it is correctly known as, since the changes in the law in April 2013. The changes that were made mean that if the case is lost the victim of medical negligence does not have to pay any money however if the case is won their legal team can take up to 25% of the compensation awarded.
How to Make a Claim for Medical Misdiagnosis
In order to start a claim for medical misdiagnosis you may firstly want to appoint a legal team to represent your case as filing any medical negligence claims case can be highly complicated and convoluted. Solicitors in this field have to be specially trained as the area of medical law can be challenging to say the least as it is combining two complex areas. Appointing a medical negligence law firm is highly recommended so that you case can reach its full potential and you are awarded the compensation you deserve. By appointing your case to us we can take the matter out of your hands so that you are stress free and can concentrate on other matters. As professional is this field we can take on your case from start to finish so that you are not burdened with any unnecessary hassle or further complications.