This guide explains the steps involved in pursuing meningitis negligence claims. A missed diagnosis can lead to delayed treatment, which can be fatal. If a medical professional fails to uphold the expected standard of care, i.e. fails to recognise the symptoms of meningitis, the patient could suffer serious harm that could have been avoided.
We provide the medical negligence claim eligibility criteria to establish when you may have an eligible claim. We also describe some acts of medical negligence and the consequences this could have for a person with meningitis. Moreover, we provide you with an example list of evidence you could gather to support your claim to not only prove who is liable for the unnecessary harm but also the extent of the injuries suffered.
As you move towards the end of this guide, how compensation is calculated for successful claims is discussed. Furthermore, you will read about the benefits of being represented by our legal team.
Meningitis Negligence Claims Explained
Contact us today if you or a loved one has experienced medical negligence. We will answer your medical negligence questions, evaluate the eligibility of your claim and potentially connect you to one of our solicitors. Our details are as follows:
- Call 0800 652 3087.
- Talk in our live chat box.
- Fill out our Claim Online form.
Jump To A Section
- Meningitis Negligence Claims Explained
- What Could Cause Negligent Meningitis Treatment?
- What Do You Need To Start A Claim?
- Payouts For Meningitis Negligence
- Can You Make Meningitis Negligence Claims On A No Win No Fee Basis?
- Further Information On Claiming For Medical Negligence
Meningitis Negligence Claims Explained
All medical professionals owe a duty of care towards their patients to not allow the service and treatment that they provide to fall below the correct standard of care. Sometimes, harm may be caused when a medical professional is delivering the correct standard of care, but this wouldn’t be classed as medical negligence. For example, you may suffer bruising when an IV drip is being inserted. However, the drip is necessary for you to receive medication.
A medical professional may only be liable for medical negligence if they are providing care that is below what is expected of them and this causes you to suffer avoidable harm.
Simply, these are the eligibility criteria that need to be met in order to start meningitis negligence claims:
- Show that a medical professional owed you a duty of care.
- Show how the medical professional breached their duty.
- Prove that this breach was the cause of your avoidable harm.
Please don’t hesitate to contact us today if you feel you have valid means to start a meningitis negligence claim. Our team can confirm your eligibility, and you may be connected with one of our solicitors.
Medical Negligence Claim Time Limits
As well as meeting the above eligibility criteria, meningitis negligence claims must be started within the medical negligence claim time limit. This time limit is generally 3 years and begins from either the date you suffered the avoidable harm or the date you became aware of medical negligence.
Only a few circumstances will pause the time limit for the claimant. Contact us to find out what these exceptions are.
What Could Cause Negligent Meningitis Treatment?
Meningitis is a bacterial or viral infection that affects the protective membranes around the spinal cord and brain. Since a late diagnosis can be fatal, medical professionals should act promptly and according to their expected standard of care. Here are some examples of how a medical professional could breach their duty and cause a late or missed diagnosis of meningitis:
- Your meningitis was misdiagnosed as another condition, such as the flu, because the doctor failed to recognise the clear symptoms and refer you for further tests. Therefore, you are given the incorrect treatment, allowing your symptoms to get worse.
- A doctor did not perform a physical examination, even though your body was covered in a clear blanket rash, so failed to observe the signs of meningitis.
- Your blood test results came back inconclusive, and another test was not carried out to confirm your condition.
Any negligent diagnosis, treatment, or delay in your medical care could cause avoidable harm and thus lead to a valid medical negligence claim. To learn more about meningitis negligence claims and how a medical professional could be liable for any unnecessary harm you have sustained, please get in touch with us.
What Do You Need To Start A Claim?
In meningitis negligence claims, you must provide evidence to prove a negligent medical professional caused you to suffer avoidable. So, the types of evidence that will be useful to gather to strengthen your claim are:
- Medical records – these can show whether a misdiagnosis took place and possibly the resulting injury and treatment.
- Proof of how you have been harmed – photographs of any physical injuries, a diary where you have recordings of your symptoms, pain, and well-being.
- A formal complaint – A letter of complaint sent against the medical professional.
- Details of any witnesses that attended your medical appointments with you.
If you decide to instruct one of our expert No Win No Fee solicitors, they will do the gathering of evidence for you. To find out if you could work with us, contact our team of advisors today.
Payouts For Meningitis Negligence
There could be up to two heads of claim that get awarded in successful meningitis negligence claims.
General damages, the first head of claim, compensate you for the harm you suffered due to a medical professional breaching their duty of care. Such impacts include:
- Your pain severity.
- Your recovery period length.
- The changes to your quality of life.
Solicitors often compare your independent medical report alongside the Judicial College Guidelines (JCG). The JCG document contains all sorts of injuries and the guideline compensation figures that go with them.
Injuries Table
This information has been based on the JCG and contains each injury’s accompanying guideline compensation bracket. It is important to remember that all figures in the table are not guaranteed awards.
| Injury | Severity | Guideline compensation bracket | Comments |
|---|---|---|---|
| Brain damage | Very severe (a) | £282,010 to £403,990 | Cases including quadriplegic cerebral palsy. |
| Moderate (c) (i) | £150,110 to £219,070 | A personality change, an effect on sight, speech, and senses with a significant risk of epilepsy. | |
| Amputation of arms | Loss of both arms (a) | £240,790 to £300,000 | A person with full awareness to a state of considerable helplessness. |
| Loss of one arm (b) (i) | Not less than £137,160 | Where the arm is amputated at the shoulder. | |
| Loss of one arm (b) (ii) | £109,650 to £130,930 | Where the arm is amputated at or above the elbow. | |
| Leg | Amputation (a) (i) | £240,790 to £282,010 | Amputation of both legs. |
| Amputation (a) (iii) | £104,830 to £137,470 | Above-knee amputation of one leg. The level of amputation will determine the award. | |
| Bowels and Bladder | Total Loss of Function | Up to £184,200 | Cases involving double incontinence namely total loss of natural bowel function and complete loss of urinary function and control. |
Get Compensated For Expenses And Losses
Special damages, the second head of claim, is not always awarded. Special damages reimburse you for the financial impact of the medical negligence. Such financial losses you could experience include:
- Travel expenses to and from medical appointments.
- Prescription costs.
- Loss of earnings if any time off work is taken for your worsened meningitis.
However, you must keep hold of your receipts, payslips, bank statements, and invoices that show the money you have lost. Without any proof, you may not be able to receive a special damages payout if your claim is successful.
For more information regarding how payouts are calculated in meningitis negligence claims, don’t hesitate to get in touch with us.
Can You Make Meningitis Negligence Claims On A No Win No Fee Basis?
Meningitis negligence claims on a No Win No Fee basis can be made with us at Medical Negligence Assist if you are eligible to claim. The type of No Win No Fee contracts that our solicitors work under are called Conditional Fee Agreements (CFAs).
Under a CFA, there are no immediate fees for your solicitor’s work. Additionally, there are no fees for your solicitor’s work as your claim progresses or if your claim is unsuccessful.
Instead, if your claim is successful, your solicitor will deduct a success fee from your compensation payout. The maximum percentage that solicitors can take for their success fee is legally capped. So, because of this legal cap, you will always receive the majority of your compensation.
Talk To Us
Have you or a loved one been affected by a missed meningitis diagnosis? Do you want to find out about the meningitis negligence claims process in more detail, please contact us. Our team can have a chat with you about your situation and potentially then pass you on to our solicitors, who can represent you under a CFA. Here is how to contact us:
- Call 0800 652 3087.
- Talk in our live chat box.
- Fill out our Claim Online form.
Further Information On Claiming For Medical Negligence
Thank you for reading our guide on meningitis negligence claims explained. We hope you now know more about what to do next if you have been affected by medical negligence. For similar details, please see the following links:
Our internal guides:
- Find out roughly how long a medical negligence claim takes.
- Learn if you could make a claim if you suffered poor care in a hospital.
- Read about brain injury medical negligence claims.
External resources:
- NHS – an overview on meningitis.
- General Medical Council (GMC) – how the investigation process against doctors works.
- Gov.UK – Pre-Action Protocol for the Resolution of Clinical Disputes.