In this guide, you can find information on how to complain about misdiagnosis. After being given the wrong diagnosis as a result of poor care in a medical setting, you have the right to put forward a complaint and raise your concerns about the care you received. This guide will discuss the different bodies you could direct your complaint to, and the process that might be involved in doing so.
How To Complain About Misdiagnosis And Make A Claim For Medical Negligence
Further to this, we will explain the eligibility criteria that, if met, form the basis of a medical negligence compensation claim.
You are owed a duty of care by medical professionals, such as doctors and nurses. If this duty is not upheld, it could result in you experiencing avoidable harm. In these instances, medical negligence may have occurred. As we move through our guide, we will provide examples of how medical negligence could lead to a misdiagnosis and the impact this could have.
Later in the guide, we will look at the compensation that could be awarded to address the way in which a medical misdiagnosis has affected you.
Finally, we will show how you could benefit from the experience and dedicated support of a solicitor from our panel working under No Win No Fee terms.
Our advisors can also tell you more about how to make a complaint and assess your potential compensation claim for free. If you would like to speak to someone today, you can:
- Call 0800 652 3087;
- Talk to an advisor about a claim online;
- Open a live chat conversation below.
Jump To A Section
- How To Complain About Misdiagnosis
- Taking Legal Action After Medical Misdiagnosis
- What Are The Different Types Of Medical Misdiagnosis?
- Examples Of Medical Misdiagnosis Claim Settlements
- How To Complain About Misdiagnosis And Claim With A No Win No Fee Solicitor
- Read More About How To Complain About Misdiagnosis
How To Complain About Misdiagnosis
If you are unsure how to complain about misdiagnosis, it could be beneficial to contact the service provider directly first. This could be your GP surgery or the hospital where you received your treatment.
If this approach does not bring a satisfactory outcome, you can find a healthcare regulator to share your concerns with. Alternatively, you can complain to both the provider and an official body.
Examples of some of the bodies you could make a complaint to include:
- NHS Resolution help resolve concerns and disputes with NHS England fairly.
- The Care Quality Commission are the independent regulator of health and social care in England. Whilst they cannot raise or resolve a complaint on your behalf, if you provide them with information on any poor care you have received, it can help improve the overall quality of care in England.
- The General Medical Council is the independent regulator of UK doctors. They may investigate your complaint.
Get Help Complaining About Medical Misdiagnosis
Our team of advisors can help you find the right place to take your complaint. Furthermore, they can talk you through the complaints procedure that you may need to follow.
They can also review your case and see if you have grounds to claim compensation for medical negligence. All of this support is free, so please call on the above number today.
Taking Legal Action After Medical Misdiagnosis
As well as wondering how to complain about misdiagnosis, you may also want to know when you could be eligible to make a medical negligence claim.
In order to make a medical misdiagnosis claim, you need to prove that:
- A medical professional owed you a duty of care;
- They breached their duty of care by providing care that fell below the correct standard;
- This breach of duty caused avoidable harm.
You should be able to support your claim with relevant evidence, such as medical records or witness information. Additionally, your claim may be subject to the Bolam Test, in which a panel of relevantly trained medical professionals assess your case to determine whether or not care was given to the correct standard.
How Long Could You Have To Take Legal Action?
According to the Limitation Act 1980, a medical negligence claim must begin within three years of either:
- The medical negligence occurring; or
- The date of knowledge, which is when you realised medical negligence had occurred.
Some exceptions could apply, depending on the situation. Please call our advisors to learn more about medical negligence claim time limits. They can also advise further on the eligibility criteria.
What Are The Different Types Of Medical Misdiagnosis?
Below, you can find some examples of how a misdiagnosis could occur in a medical setting:
- A misdiagnosis of cancer occurs when a doctor fails to listen to all of a patient’s symptoms. Due to a delayed diagnosis of the correct condition, the cancer spreads to other organs in the body.
- An X-ray is performed incorrectly resulting in a back fracture being missed, and the patient being incorrectly diagnosed with a sprain. As a result, the fracture worsens and causes permanent back damage.
If you are unsure whether you’re eligible to make a medical negligence claim, you can speak with our advisors today for a free consultation. They can also offer further guidance on how to complain about misdiagnosis.
Examples Of Medical Misdiagnosis Claim Settlements
A medical negligence claim settlement could be formed of up to two heads of claim.
If your claim succeeds, you will be awarded general damages. This head of claim compensates you for the physical pain and mental suffering brought about by medical negligence.
We have put together the below table to show guideline compensation brackets from the Judicial College Guidelines (JCG), which can be used alongside medical evidence by legal professionals to value the general damages portion of settlements.
However, please note that the table should only be used as a guide. Because of the individual nature of each claim, there is no guarantee that you would receive the figures you see below in your own payout.
Compensation Table
| Harm | Compensation Guidelines | Notes |
|---|---|---|
| Moderately Severe Brain Damage | £219,070 to £282,010 | A very serious disability that is either physical or cognitive. The person needs constant care. |
| Bladder | Up to £140,660 | A total loss of bladder control and function. |
| Lung | £70,030 to £97,330 | Lung cancer causing severe pain and function impairment as well as an impact on quality of life. |
| Kidney | Up to £63,980 | A significant risk of future urinary tract infection or other complete loss of natural function in the kidney. |
| Bowels | Up to £184,200 | Double incontinence with other medical complications. |
Special Damages In Medical Negligence Claims
You could claim special damages which compensates for the financial losses you have experienced due to medical negligence. By presenting proof such as receipts or payslips, you could claim for, among other expenses:
- A loss of earnings;
- Travel costs;
- Home adaptation costs;
- Care costs;
- Medical expenses.
For a personalised estimate of the compensation payout you could receive following a successful medical misdiagnosis claim, call our team.
How To Complain About Misdiagnosis And Claim With A No Win No Fee Solicitor
The solicitors on our panel are experienced in handling misdiagnosis claims, and they could offer you a No Win No Fee contract if you have a valid claim.
There are different types of these arrangements but the one they might offer is called a Conditional Fee Agreement, where you would not pay a solicitor a fee for their services:
- Upfront;
- During the case;
- If your case fails.
Should your case succeed, your solicitor would take a success fee. This would be taken as a percentage, legally capped by the Conditional Fee Agreements Order 2013, from the compensation awarded to you.
Our advisors are on hand to answer any questions you may have about working with a solicitor from our panel on this basis. They can also provide further clarification on how to complain about misdiagnosis. So, to find out more, you can:
- Call 0800 652 3087;
- Contact us online;
- Use the live chat feature below.
Read More About How To Complain About Misdiagnosis
Here are some more guides related to medical negligence claims:
- You can find out about private healthcare compensation claims with our helpful guide.
- Learn about claiming for a meningitis misdiagnosis claim and the compensation that could be awarded.
- Useful information on misdiagnosis claim solicitors and how they could help you seek compensation.
For some handy external resources, see below:
- NHS Resolution – Annual Statistics
- General Medical Council – Good Medical Practice
- GOV.UK – NHS Constitution For England
Thank you for reading our guide explaining how to complain about misdiagnosis and whether you could make a claim for medical negligence. If you have any other questions, contact an advisor on the number above.
Guide by Ed
Edited by Meg