In this guide, we will explore when you could be eligible to make a medical misdiagnosis claim and how solicitors could help you. Our solicitors have experience handling cases of this nature and can offer services to assist you in seeking compensation. As we move through this guide, we will discuss the ways they could benefit both you and your claim.
Additionally, we will discuss the criteria that need to be met in order to begin a claim for medical negligence and the steps you could take to strengthen your case.
Furthermore, we will explore how medical negligence settlements are calculated.
Finally, we will conclude our guide by exploring the benefits of working with a solicitor who offers their services under No Win No Fee terms.
If you have any questions about your potential claim, please get in touch with an advisor. They are available 24/7 to offer free advice. For more information, you can:
Select A Section
- Who Could Claim With Medical Misdiagnosis Claim Solicitors?
- What Is Medical Misdiagnosis?
- Proving Causation In Your Claim
- Payouts In Medical Misdiagnosis Claims
- How No Win No Fee Misdiagnosis Claim Solicitors Could Help You
- Further Guidance On Medical Misdiagnosis Claims
In order to make a medical negligence claim, you need to show:
- A medical professional owed you a duty of care.
- They breached their duty of care.
- You experienced avoidable or unnecessary harm as a result of the breach.
These three criteria define medical negligence and form the basis of a valid claim.
A medical professional’s duty of care is to provide their patients with the correct standard of care. The way they are expected to uphold this will differ depending on the field of medicine in which they work. For example, doctors can find ethical guidance from the General Medical Council (GMC), whilst nurses can find information on their duty of care from the Royal College of Nursing.
However, if a medical professional fails to uphold the duty of care they owed you, it could mean you experience harm that could have otherwise been avoided. In these instances, you may be eligible to begin a medical negligence claim.
Time Limits On Medical Misdiagnosis Claims
In addition to ensuring your case meets the criteria laid out above, you also need to ensure you begin your claim within the medical negligence time limit.
As per the Limitation Act 1980, you must begin the process of a claim within 3 years. This can begin from the date of medical negligence or the date you became aware of medical negligence.
However, exceptions can be made in certain circumstances. To learn about these and whether you could be eligible to claim, please get in touch on the number above.
Medical misdiagnosis can involve several scenarios. For example:
- Your doctor may have diagnosed you with the wrong condition. For example, you may have visited your GP with clear symptoms of lung cancer but they failed to send you for further tests. As a result, you may have been incorrectly diagnosed with pneumonia. Due to the misdiagnosis of cancer, your condition may have become progressively worse and spread to other parts of the body.
- Your doctor may have failed to diagnose your condition entirely. For example, you may have attended the hospital with a fractured leg but were not sent for an X-ray. As a result, your leg fracture is missed and you don’t receive a diagnosis or any treatment.
It’s important to note that it is not always possible to make a medical negligence claim following a misdiagnosis.
To discuss your specific case and find out whether you’re eligible to make a misdiagnosis claim and if solicitors could help you seek compensation, please contact an advisor on the number above.
As part of the medical negligence claims process, it is important to gather evidence to prove that a medical professional caused you to sustain avoidable harm by providing care that fell below the correct standard. Examples of the evidence you could provide as proof of medical negligence include:
- A copy of the medical report from an assessment you may be asked to attend with an independent medical professional. This can provide details on the extent of the harm you sustained, including your future prognosis.
- A copy of any prescriptions or X-ray scans.
- Doctor or hospital reports.
- Treatment plans.
- Letter of diagnosis.
Additionally, the Bolam test may be carried out. This is an assessment conducted by a panel of relevantly trained medical professionals to determine whether you were given the correct standard of care. If the findings from this assessment support your case, you could use it as evidence.
When making a misdiagnosis claim, solicitors could help you gather evidence and build your case. To learn more about the services they could offer, speak with an advisor.
After making a successful misdiagnosis claim, you could be awarded a settlement that comprises up to two heads of claim:
- General damages: You can receive compensation for the pain and suffering caused by medical negligence under this head.
- Special damages: You can receive compensation for the financial losses caused by medical negligence under this head. For example, you may have needed to take time off work to recover resulting in a loss of earnings. In this instance, you could claim back this cost under special damages, provided you have evidence, such as payslips.
In order to value the general damages portion of your payout, legal professionals can use medical evidence provided in support of your claim alongside the Judicial College Guidelines (JCG). The JCG contains a list of guideline compensation brackets, some of which you can find in the table below.
|Type of Harm
|Very severe cases where the person requires full-time care.
|£282,010 to £403,990
|Female Reproductive System
|Cases with significant medical complications will be included in this bracket. For example, where there has been a failure to diagnose an ectopic pregnancy in a younger person.
|£114,900 to £170,280
|Where both kidneys are lost or seriously and permanently damaged.
|£169,400 to £210,400
|Where one kidney is lost and the other is not damaged.
|£30,770 to £44,880
|Total loss of natural function and the dependence on a colostomy.
|Up to £150,110
|Complete loss of function and control.
|Up to £140,660
|The spleen is lost and there is an ongoing risk of internal infection and other disorders because of a damaged immune system.
|£20,800 to £26,290
Please only use these figures as a guide because each settlement will differ depending on the unique circumstances of your case.
If you have any other questions regarding your potential medical negligence award, please contact an advisor using the number above.
When making a misdiagnosis claim, solicitors could offer several services to help. For example, they could:
- Help you gather evidence to support your case
- Build and present your case within the relevant limitation period
- Value your claim
- Help you understand the different stages of the claims process
Our No Win No Fee solicitors offer services similar to these under a Conditional Fee Agreement. This is a kind of contract that can typically allow you access to your solicitor’s services without the need to pay upfront or while your claim progresses. Also, upon the completion of an unsuccessful claim, you won’t have to pay for the work they have done on your case.
Following the completion of a successful claim, your solicitor will take a success fee. The amount they take from your compensation is restricted by the law. As such, you can keep the majority of your settlement.
Contact Our Team
If you would like to learn whether one of our medical negligence solicitors could represent your misdiagnosis claim on this basis, please speak with an advisor. After assessing your case, it may be possible for you to be connected with a solicitor who can begin working on your case.
Alternatively, an advisor can answer any questions you have regarding your potential claim, including your eligibility to seek medical negligence compensation and how long you have to do so.
For more information:
For more of our helpful guides:
- How to claim if an operation has gone wrong
- Orthopaedic neglgience claims guide
- Stroke misdiagnosis claims guide
For other helpful resources:
- GMC – Raising a concern about your doctor
- GOV – NHS Constitution for England
- NHS – Annual Statistics
Thank you for reading our guide on when you could be eligible to make a medical misdiagnosis claim and how solicitors could help. If you have any other questions, call an advisor on the number above.
Guide by Daniel
Edited by Meg