By Danielle Parsons. Last Updated 10th November 2023. If you’ve suffered harm due to a delayed diagnosis, you could be eligible to make a medical negligence claim. Delayed diagnoses can have a range of ill effects, including delaying treatment and worsening existing symptoms. Throughout this article, you can learn more about who can make a delayed diagnosis claim, and the benefits of a No Win No Fee agreement.
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- What Is A Delayed Diagnosis, And When Could I Claim?
- Causes Of Negligently Delayed Diagnosis
- What Evidence Do I Need To Make A Claim?
- Delayed Diagnosis Compensation Calculator
- Why Choose Medical Negligence Assist?
When a doctor or hospital agrees to provide treatment to you, they automatically owe you a duty of care. This means that they must provide you with a minimum standard of care when treating you.
As part of this duty, you should be referred for diagnostic tests if you present to your doctor or the hospital with clear symptoms that can indicate a particular illness. If you suffer a worsening of the condition because of a breach of this duty of care, you might be eligible to seek delayed diagnosis compensation.
However, all delay in diagnosis claims must satisfy the medical negligence claims criteria. This means that you must be able to prove that:
- You were owed a duty of care.
- This duty was breached.
- You experienced avoidable harm.
If you would like further information about the delayed diagnosis claims eligibility requirements, get in touch with an advisor from our team.
What Is The Time Limit For Making A Medical Negligence Claim?
There is generally a three-year time limit for starting a medical negligence claim in accordance with the Limitation Act 1980. This begins on the date of knowledge of your injury or illness or the date that you connect your suffering with negligence, and ends three years later. However, there are some exceptions to this rule. For example:
- Children under the age of 18: In cases of minors under the age of 18, the three-year limit is suspended until the child’s 18th birthday. After this, they will have until their 21st birthday to begin a claim. An adult can claim on behalf of a child at any point during this suspended period as their litigation friend.
- Cases of incapacity: If the injured person is incapacitated– i.e., in a coma – the time limit is suspended until the person regains the appropriate capacity to begin a claim by themselves. A litigation friend can begin a claim on their behalf at any time during this suspended period.
To find out if you could be eligible to make a delayed diagnosis claim, contact our team of advisors today.
Not every delayed diagnosis can form the basis of a successful claim. For example, if your symptoms do not match the illness you are suffering from and there is no reasonable way for your doctor to know this, you could not claim for a misdiagnosis.
Delays in diagnosis must be a result of negligence in order to make a medical negligence claim. Some examples of scenarios in which negligence could cause a delay in diagnosis include:
- Negligent Misdiagnosis: For example, a doctor fails to listen to your symptoms therefore diagnoses you with the wrong condition. This means your current condition receives no treatment and is allowed to worsen. It may also mean you are given medication for a condition you do not have and this has a negative impact on your health.
- Failure to refer: If you adequately describe your symptoms to your doctor or a medical professional and you are showing clear signs of a serious ailment that needs tests being carried out to confirm the diagnosis but the doctor fails to refer you on to the hospital. Therefore, you do not receive a diagnosis at the earliest opportunity.
- Hospital Negligence: When hospital scans and x-rays are not read correctly because the medical professional is rushing. Therefore a fracture is missed and means the diagnosis is delayed.
Our team can give you a free valuation of your claim when you contact us today.
To make a medical negligence claim for your delay in diagnosis, you must be able to prove that the delay was a result of negligence. If you choose to hire a solicitor, they can help you find evidence to gather to help strengthen your claim. Examples of this evidence include:
- Medical records: Medical records that show the treatment you received, or should have received, can be helpful for your case.
- Prescriptions: Prescriptions that show what medications you received and at what dosage.
- Symptoms diary: Keeping a symptoms diary of any symptoms caused by the suspected negligence could help support your case. For example, if your symptoms worsen during your diagnosis delay, keeping a record of this could be useful.
- Witness statements: Taking the contact details of any possible witnesses can help to ensure their statements can be taken later on in your claim.
Our advisors can offer free legal advice and help starting your claim. Contact us today by following the information at the top of the page.
If your claim succeeds, you will receive general damages. This amount covers the pain and suffering caused by your injuries, and is calculated with the help of the Judicial College Guidelines (JCG).
The JCG is a document that contains a list of injuries and illnesses alongside bracketed compensation values. You can find some examples of JCG compensation brackets in the table below. However, the first entry has not been taken from the JCG.
Injury Type Compensation Bracket Notes
Multiple Serious Injuries + Financial Losses Up To £1,000,000+ Multiple serious injuries, plus financial losses, such as lost earnings.
Very Severe Brain Damage £282,010 to £403,990 Cases where the harmed party shows little or no evidence of a meaningful response to the environment.
Kidney Injuries (a) £169,400 to
Permanent, serious damage or complete loss of both kidneys.
Female Infertility £114,900 to
Infertility by reason of injury or disease, resulting in depression, pain, scarring and anxiety.
Established Grand Mal Epilepsy £102,000 to £150,110 Established grand mal epileptic seizures.
Bladder Injuries (b) Up to £140,660 Total loss of control and natural function.
Total Deafness £90,750 to £109,650 Total deafness in both ears.
Complete Loss of Sight in One Eye £49,270 to £54,830 Consideration given to risk of sympathetic ophthalmia.
Bowel Injuries (e) £12,590 to
Penetrating injuries that cause some permanent damage but with an eventual return to natural function.
Moderate PTSD £8,180 to £23,150 Cases of largely recovered PTSD with continuing effects that are not grossly disabling.
Dermatitis (a) £13,740 to £19,200 Dermatitis of both hands.
You may also receive awarded special damages as part of your settlement. Special damages provides you with compensation for the financial losses you have incurred due to the medical negligence. For example, if you develop epilepsy following an overdose of medication, you may not be able to work. In this case, you could potentially claim for loss of future earnings under special damages.
For a more in-depth estimation of what your claim might be worth, contact our team of expert advisors for a free valuation.
The guidance of a No Win No Fee solicitor can make the process feel easier and allow you to recover in your own leisure. Medical negligence claims combine both law and medicine and can very often become complex. Having a medical negligence solicitor support you as well as your case gives it the best chance of succeeding.
Call our expert advisors today. Have your case assessed for free and with no obligation to use our services. If they can see your case has a good chance of succeeding they will connect you to a specialist medical negligence solicitor who will be there to ensure you are awarded the correct amount of compensation.
When claiming under a No Win No Fee arrangement, you don’t need to pay any upfront or ongoing service fees to the solicitor working on your case. If your claim succeeds, a small percentage of your compensation award will be taken by your solicitor as their success fee. If your claim fails, you won’t pay anything to your No Win No Fee solicitor.
To find out how our panel of expert No Win No No Fee solicitors can help you, contact us today by:
Medical Negligence Resources
For more helpful guides, try:
- Complaints Procedure
- Private Healthcare Medical Negligence Claims
- Medical Negligence at a Walk-In Centre
Or for other resources: