A Complete Guide To Delayed Diagnosis Compensation Claims

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Delayed Diagnosis Compensation Claims

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Delayed diagnosis medical negligence claims guide

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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Select A Section

  1. What Is A Delayed Diagnosis?
  2. Causes Of Negligently Delayed Diagnosis
  3. Is Delayed Diagnosis Malpractice?
  4. Can You Sue The NHS For A Delay In Diagnosis?
  5. Delayed Diagnosis Compensation Calculator
  6. Why Choose Medical Negligence Assist?

What Is A Delayed Diagnosis?

A delayed diagnosis due to negligence could cause harm in a number of ways. For example, it could mean that you have to wait longer to get treatment that you need, worsening existing symptoms. But not all cases of delayed diagnosis can form the basis of a claim. To make a delayed diagnosis claim, you must be able to prove that the delay was caused by negligence.

All medical professionals owe a duty of care to their patients. This is outlined by the General Medical Council (GMC), and means that their actions towards all patients must meet a minimum standard of care. If this standard is not met, and there is a delay in your diagnosis as a result, you could be eligible to make a claim.

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.

Causes Of Negligently Delayed Diagnosis

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.

 Statistics Related To Medical Negligence and Non-Clinical Claims In The NHS

According to NHS Resolution, the NHS received 12,629 medical negligence claims and reported incidents in the year 2020/2021, showing an increase by 7.5% from the year before. Alongside this number, the NHS reported settling 15,674 claims in the same year, clinical and non clinical claims. 74.7% of which were settled without formal court proceedings.

Is Delayed Diagnosis Malpractice?

As we mentioned above, all medical professionals must act to a minimum standard of care. Complications can arise in medical procedures even when this minimum standard is met. In these cases you cannot make a medical negligence claim. Some examples of medical negligence that could result in a claim include:

  • Hospital Delay In Diagnosis: If a medical professional fails to properly examine you according to professional standards they could miss serious issues such as sepsis, meningitis and ectopic pregnancies all which could cause you to suffer much worse symptoms than if diagnosed straight away. 
  • Patient Notes Are Lost: If a medical professional loses your medical notes meaning your diagnosis is delayed this could mean that you do not receive any treatment when needed leading to your condition and heath deteriorating. 

To find out more about what counts as medical negligence, contact our advisors today for free legal advice.

Can You Sue The NHS For A Delay In Diagnosis?

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.

Delayed Diagnosis Compensation Calculator

If you are interested in starting a medical negligence claim, you might be wondering how much your claim could be worth. 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:

Injury Type Compensation BracketNotes
Moderate PTSD£7,680 to £21,730Cases of largely recovered PTSD with continuing effects that are not grossly disabling.
Established Grand Mal Epilepsy£95,710 to £140,870Established grand mal epileptic seizures.
Moderate Brain Damage (i)£140,870 to £205,580Cases of moderate to severe intellectual disability, personality change, risk of epilepsy and no employment prospect.
Complete Loss of Sight in One Eye£46,240 to £51,460Consideration given to risk of sympathetic ophthalmia.
Total Deafness£85,170 to £102,890Total deafness in both ears.
Female Infertility (a)£107,810 to £158,970Infertility by reason of injury or disease, resulting in depression, pain, scarring and anxiety.
Kidney Injuries (a)£158,970 to £197,480Permanent, serious damage or complete loss of both kidneys.
Bowel Injuries (e)£11,820 to £22,970Penetrating injuries that cause some permanent damage but with an eventual return to natural function.
Bladder Injuries (b)Up to £132,040Total loss of control and natural function.
Dermatitis (a)£12,900 to £18,020Dermatitis of both hands.

You might also be eligible to claim special damages. Special damages is part of your medical negligence claim, and covers any financial losses you might sustain due to your injuries. 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.

Why Choose Medical Negligence Assist?

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 you enter into a No Win No Fee agreement, you don’t need to pay any upfront or ongoing fees to your solicitor. If your claim succeeds, your solicitor will take a small percentage of your compensation award 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:

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