This is an informative guide on when you may be eligible to make a medical negligence claim following a pneumonia misdiagnosis. Your doctor and other medical professionals owe a duty of care to their patients. They must provide you with care that is of the correct standard. Should a medical professional fail to do this, it is a breach the duty of care owed to you which could cause you to suffer avoidable harm. This is medical negligence which could lead to a compensation claim.
Pneumonia misdiagnosis claims guide
As we move through this guide, we will explain the eligibility criteria in place for making a medical negligence claim in more detail and discuss the evidence you could provide to strengthen your case.
Also, we will touch on how you could get a personalised estimate of the compensation you may be eligible to receive. Finally, we will provide information regarding our panel of specialist No Win No Fee solicitors.
In addition to reading the information in this guide, you can find out more by speaking to one of our friendly advisors. They are available 24/7 to provide free and confidential advice regarding your potential misdiagnosis compensation claim.
To get in touch:
- Call our helpline on 0800 652 3087
- You can fill out our ‘claim online’ form
- Write to an advisor in the pop-up window on this page
Select A Section
- Can I Claim Compensation For Pneumonia Misdiagnosis?
- Why Does The Misdiagnosis Of Pneumonia Happen?
- Evidence Supporting Pneumonia Misdiagnosis Compensation Claims
- Estimating Payouts For The Misdiagnosis Of Pneumonia
- Why Claim For Pneumonia Misdiagnosis With Medical Negligence Assist?
- Learn More About Medical Misdiagnosis Claims
Can I Claim Compensation For Pneumonia Misdiagnosis?
Pneumonia is an inflammation of the lungs which can result from an infection. It could affect anyone, however, it can place older people, babies and people with pre-existing conditions at risk of becoming seriously ill.
Therefore, if you are misdiagnosed as having a different illness and your pneumonia is missed, it could have serious consequences. Alternatively, if you have a different illness that is misdiagnosed as pneumonia, that could also lead to you suffering from harm.
It is important to note that not every case of pneumonia misdiagnosis will lead to a compensation claim. For example, if you withhold information regarding your symptoms from your doctor, which leads to a misdiagnosis, that would not be your doctor breaching their duty of care. As such, you will be unable to claim.
To meet the eligibility criteria to make a medical negligence claim for a pneumonia misdiagnosis, you must show the following:
- A medical professional owed a duty of care to you
- They breached this duty of care
- As a consequence of the breach, you suffered avoidable harm.
This is medical negligence, which creates the basis of an eligible claim.
Medical Misdiagnosis Claim Time Limits
Alongside the eligibility criteria listed above, you must also adhere to the medical negligence claims time limit laid out in the Limitation Act 1980. This states that you generally have to begin your claim within:
- 3 years from the date of the medical negligence
- 3 years from the date of knowledge. This can be when you learned of a breach of duty in connection to the avoidable harm suffered.
There are certain exceptions to these limitations, which our advisors can provide advice on in connection with your claim. Please get in touch today.
Why Does The Misdiagnosis Of Pneumonia Happen?
Pneumonia misdiagnosis could happen due to it sharing symptoms with other illnesses, such as bronchitis or the flu. In the case that you receive the incorrect diagnosis, you could be prescribed the wrong medication, to which you may have a negative reaction. For example, you could experience vomiting and serious pain in the abdomen.
Also, pneumonia could lead to complications, such as lung abscesses, respiratory failure, a collapsed lung or sepsis. In the case of respiratory failure, this could lead to a lack of oxygen to the brain resulting in brain damage.
Examples of how a medical professional could breach their duty of care and cause a medical misdiagnosis, include:
- After clearly describing your symptoms, which necessitate further testing, your doctor fails to refer you for tests and instead diagnoses you with the wrong condition and prescribes the incorrect medication.
- After you have been for tests, a medical professional in a hospital mixes up your results with a different patient’s. This leads to you receiving the wrong diagnosis.
If you have suffered avoidable harm after a misdiagnosis of pneumonia that was caused by a medical professional breaching the duty of care owed to you, you may be eligible to bring forward a claim. Please contact our advisors to learn more.
Evidence Supporting Pneumonia Misdiagnosis Compensation Claims
To bring forward a legitimate compensation claim, it is important that you can provide proof of medical negligence. To do this, you could:
- Seek medical advice and retain a copy of the medical records
- Keep hold of your prescriptions and any test results
- Take the contact details of any witnesses
- Keep a diary of your symptoms and the treatment you receive.
If you choose to make your claim with a solicitor, they can help you to obtain and compile sufficient evidence to support your claim. Therefore, we recommend that you seek legal advice when bringing forward a claim. Please speak to one of our advisors today.
Estimating Payouts For The Misdiagnosis Of Pneumonia
There are up to two heads that could be included in medical negligence compensation settlements following a successful pneumonia misdiagnosis: general and special damages.
General damages compensates for the medical negligence. To help them value this head, medical negligence solicitors can refer to the Judicial College Guidelines (JCG). This provides guideline compensation brackets for various types of harm. Therefore, we has used this to create the table below.
Please remember that these figures are not an exact representation of what you will receive.
| Type of Harm | Details | Brackets of Compensation Guidelines |
|---|---|---|
| Moderately Severe Brain Damage (b) | The person has a very serious disability, requires constant care, and has a substantial level of dependence on others. | £219,070 to £282,010 |
| Moderate Brain Damage (c)(iii) | Dependence on other people is very limited, memory and concentration are affected, ability to work is reduced and there is a small risk of epilepsy. | £43,060 to £90,720 |
| Lung Disease (a) | Serious disability in a young person which may progressively worsen and lead to premature death. | £100,670 to £135,920 |
| Lung Disease (c) | A disease, for example emphysema, leading to significant worsening of lung function, impaired breathing, and further problems. | £54,830 to £70,030 |
| Lung Disease (d) | Breathing difficulties that fall short of disabling breathlessness. Fairly frequent use of an inhaler will be required and there will be an uncertain prognosis. | £31,310 to £54,830 |
| Lung Disease (e) | Bronchitis and wheezing which do not cause serious symptoms. The person will have varying levels of anxiety regarding the future. | £20,800 to £31,310 |
| Lung Disease (f) | Some slight breathlessness that doesn't affect working life and will likely lead to a substantial and permanent recovery within a few years of the cause. | £10,640 to £20,800 |
| Digestive System (b) Illness Or Damage Resulting From Non-Traumatic Injury (i) | Acute pain, diarrhoea, fever, and vomiting caused by severe toxicosis and requiring hospital admission. | £38,430 to £52,500 |
Could Special Damages Be Awarded For Medical Negligence Claims?
Special damages is the second head of medical negligence claims. This compensates for the financial losses resulting from the medical negligence. This can include:
- Travel expenses
- Home adaptations
- Loss of earnings
- Care costs
You will need to retain evidence of these losses, such as travel tickets, invoices and payslips.
If you would like to enquire how much compensation you may be eligible to pursue, speak to one of our advisors. They can discuss your potential claim with you today. You could also find out how a compensation calculator could provide you with an estimate of your potential settlement.
Why Claim For Pneumonia Misdiagnosis With Medical Negligence Assist?
If you contact our team at Medical Negligence Assist, our advisors will be happy to provide a free consultation. During this time, they may determine that you could have eligible grounds to bring forward a claim. If this were to happen, they could put you in correspondence with one of the No Win No Fee medical negligence solicitors from our panel.
A No Win No Fee solicitor may present you with the option of entering into a Conditional Fee Agreement (CFA), where you will typically not be expected to pay any upfront or ongoing fees for the services they provide. Neither will you pay for your solicitor’s services in the event your pneumonia misdiagnosis claim fails.
On the other hand, your claim may be successful, in which case, your solicitor could take a small success fee from the compensation. This is a percentage, which the law puts a cap on. This means your solicitor cannot overcharge you.
How To Talk To Medical Negligence Assist
Please don’t hesitate to get in contact with our team. They can discuss your potential pneumonia misdiagnosis medical negligence claim at any time convenient for you, and will not put you under obligations to further your claim with our panel of solicitors.
To contact us:
- Call our helpline on 0800 652 3087
- You can fill out our ‘claim online’ form
- Write to an advisor in the pop-up window on this page
Learn More About Medical Misdiagnosis Claims
Take a look through further guides from our website on claiming compensation for medical misdiagnosis:
- My Lung Cancer Was Misdiagnosed – Could I Claim Compensation?
- Medical Negligence And Respiratory Disease Claims
- Meningitis Misdiagnosis Compensation Claims
Also, there are external resources that can provide information and support:
- Good medical practice – General Medical Council (GMC)
- Urgent and emergency care services – NHS
- Statutory sick pay (SSP) – GOV.UK
Thank you for reading this guide on when you may be eligible to bring forward a medical negligence claim following a pneumonia misdiagnosis. If you would like to ask any questions regarding your potential claim or you would like to discuss starting your claim today, please speak to one of our advisors.
Guide by Jessica
Edited by Meg