Medical Misdiagnosis Claims – How Much Compensation Could I Claim?

Having a medical condition misdiagnosed can mean being given the wrong medication or receiving no treatment at all. As a result, your condition could worsen, or you might suffer an adverse reaction to the wrong medication. If that’s the case, you may be eligible to make a medical misdiagnosis claim for compensation for your suffering.

If you or a loved one has been affected by medical misdiagnosis, our team could help. We’ll begin by reviewing your case on a no-obligation basis. During your consultation, we’ll provide legal advice about making a medical misdiagnosis claim. If we believe your claim has a strong chance of success, we can connect you with a medical negligence solicitor from our panel.

Furthermore, they’ll provide a No Win No Fee service so you won’t need to pay them upfront if your claim is accepted. Similarly, you won’t need to pay for their work if the claim is unsuccessful.

To get free legal advice on a misdiagnosis claim, you can speak with an advisor via live support, or arrange a callback by filling out a contact form. Alternatively, call us directly on 0800 6524 881.

What Constitutes Medical Misdiagnosis?

Before looking at examples of medical misdiagnosis claims, it’s important to note that not all cases of misdiagnosis result in additional injury or discomfort, although some can lead to avoidable fatalities. The three main examples of medical misdiagnosis that can lead to compensation claims include:

Wrong Diagnosis

There are numerous common symptoms that can appear in a variety of different medical conditions. An incorrect or wrong diagnosis is one of the more common forms of medical misdiagnosis, as medical practitioners may sometimes believe that various symptoms are related to an unrelated condition. Often, it is only after further tests are carried out to rule out other possibilities that the correct diagnosis is made.

In some cases, patients undergo treatments that were not actually required, such as chemotherapy or even the removal of organs, due to an incorrect diagnosis. It’s also worth noting the mental stress that can follow an incorrect diagnosis. Importantly, this is something the courts recognise when assessing compensation claims.

Total Misdiagnosis

Total misdiagnosis is unfortunately still fairly common, especially when you consider that a single symptom on its own may not indicate an underlying issue. However, if a medical practitioner fails to link together various symptoms that should, in theory, point to a deeper problem, there may be serious consequences further down the line. This can significantly impact not only the person’s physical health but also their mental well-being. In many cases, a total misdiagnosis will, at best, result in an extended recovery period while the correct diagnosis is eventually made.

Late Diagnosis

Compensation claims for medical misdiagnosis tend to involve conditions where a diagnosis was made too late. As with any medical negligence claim, there must be proof of negligence, which in this case relates to the failure to diagnose an otherwise apparent medical condition. In some instances, a reluctance to conduct further tests, which would have clarified the underlying condition, or limited access/no immediate access to appropriate testing equipment, can worsen an already challenging situation.

In hindsight, it can be easy to identify issues related to a total, wrong, or late diagnosis, but in the moment, these mistakes may not be as obvious. The standard measurement for negligence compares the level of care you received to what you should expect from a similarly experienced and qualified medical practitioner. Most misdiagnosis claims will involve input from additional specialists across various fields.

Importantly, a medical misdiagnosis could be caused by medical professionals employed by the NHS or a private healthcare provider.

Common Examples Of Medical Misdiagnosis

Some forms of medical misdiagnosis that might lead to a compensation claim include:

Some of the problems that could result from a medical misdiagnosis include:

• Surgery may be required rather than your condition being treated by medication.
• Some conditions might become untreatable if not spotted quickly enough.
• The symptoms you suffer may be worse than they would have been had treatment happened earlier.
• In the worst cases, medical misdiagnosis claims might be required because your loved one has died because of a medical professional’s mistake.

If you or a loved one has suffered due to a medical misdiagnosis, please call us to let us review your options for free.

Common Medical Conditions That Are Misdiagnosed

In reality, misdiagnosis can occur with any medical condition, ranging from mild to severe. Some of the more common conditions that can go undiagnosed include:

While the introduction of technology-based testing systems has, to a certain extent, reduced the number of medical misdiagnosis claims, a number of common mistakes still lead to misdiagnosis. These include:

• Simple GP/ Doctor negligence.
• Failure to utilise additional tests, such as blood tests, imaging scans, or biopsies, to identify underlying medical conditions.
• Inadequate experience with a particular medical condition which can lead to misdiagnosis or late diagnosis.
• Failure to match symptoms with available tests.
• Simple human error in carrying out tests or reviewing scans and x-rays.
• Incomplete patient medical records which can contribute to a misdiagnosis.
• Substandard training and supervision, especially where junior medics are involved.

Am I Eligible To Claim Compensation For Medical Misdiagnosis?

If you decide to claim compensation for medical misdiagnosis, your solicitor will assess your eligibility based on the following criteria:

• Was there a breach of duty? This refers to negligence, where the level of care provided by a medical professional fell below what could reasonably be expected.
• Did the negligence cause injury or illness, or worsen your condition? This is referred to as causation in medical negligence claims.

It’s important to note that you are unlikely to be compensated unless both of these criteria are proven. For example:

• Compensation would not be awarded if the medical professional was negligent, but you did not suffer any harm as a result.
• Similarly, if you suffered following treatment but the medical professional was not found to be negligent, you would not be able to claim.

As you can see, it’s not always clear when you might be able to make a medical misdiagnosis claim. Therefore, we would always suggest that you seek professional legal advice about your options.

How Is Breach Of Duty Assessed In Misdiagnosis Claims?

A solicitor alone cannot prove that a doctor was negligent, as they lack the necessary medical expertise. Therefore, in medical misdiagnosis cases, the Bolam test is used to determine whether the doctor acted negligently.

This test involves a body of similarly trained medical professionals who assess the situation to determine if they would have acted differently. They will review what happened during your treatment and decide whether the doctor followed the appropriate procedures.

If they agree that the doctor acted appropriately, the doctor would not be found negligent. However, if they believe the doctor failed to follow the correct procedures, you could be eligible to claim misdiagnosis compensation.

While this misdiagnosis claims process may sound complex, there’s no need to worry. If your case is handled by a medical negligence solicitor on our team, they will ensure that all the appropriate tests are conducted to help prove liability for your suffering. Please call today to find out whether we can help you begin a misdiagnosis claim.

Evidence To Support A Misdiagnosis Medical Negligence Claim

To support your misdiagnosis claim, several types of evidence will be required. One of the most vital pieces of evidence will come from an independent medical expert who will assess your injuries. This will involve a meeting where they’ll review your suffering with you, discuss how you’ve been affected, and examine your medical records.

After the meeting, the expert will prepare a detailed report for all parties involved in your misdiagnosis claim. This report will list the injuries or illnesses you’ve dealt with and it will also explain your prognosis. It will also assess whether the misdiagnosis contributed to the worsening of your condition.

Additionally, the following types of evidence can help strengthen your case:

• Medical records. These will provide a timeline of your treatment and help to establish whether any red flags were missed or tests were not performed in a timely manner.
• Test results and imaging. X-rays, MRIs, or blood tests may be used to show whether proper diagnostic steps were taken.
• Witness statements. These could include a statement from family members or other medical professionals involved in your care.
• Correspondence. Any communication you’ve had with medical professionals or NHS hospitals etc, such as emails or letters, could provide insight into how your diagnosis and treatment were managed.

By gathering comprehensive evidence, your solicitor can build a stronger case to help demonstrate that negligence occurred and support your misdiagnosis compensation claim.

How Much Compensation For Misdiagnosis Could I Claim?

When you make a medical negligence claim for misdiagnosis, the amount of compensation your solicitor calculates you should receive will usually be based on:

• General damages. This compensates for the pain, suffering, and loss of amenity caused by medical negligence. Loss of amenity refers to the inability to enjoy activities or aspects of life that you could engage in before your illness. This could be claimed even if you were only temporarily affected by the misdiagnosis.
• Special damages. This covers financial losses, expenses, or costs incurred as a result of the misdiagnosis. Examples include:
  • Care costs: If you required additional care or assistance as a result of the misdiagnosis.
  • Travel expenses: For trips to medical appointments or treatments related to the misdiagnosis.
  • Lost income: If you were unable to work due to the effects of the misdiagnosis or the recovery process.
  • Future costs: This can also include anticipated future expenses if ongoing care or treatment is needed.

If your medical misdiagnosis claim is taken on, your solicitor will review your claim in full to determine what could be included.

Claiming Compensation For A Loved One

If your loved one is unable to claim for themselves following a medical misdiagnosis, you may be able to claim on their behalf as their litigation friend. This process allows you to represent their interests, ensuring they are compensated for their suffering without adding any extra pressure on them to manage the claims process.

Additionally, if you’ve lost a loved one due to a misdiagnosis, we can also help you. While no amount of compensation will replace your loved one, it may provide financial support if you:

• Need to cover the cost of their funeral or have other expenses related to their death.
• Were financially dependent on their income, such as lost wages or future financial support.

Please get in touch if you’d like to discuss your options with a claims advisor.

Time Limits For Claiming Medical Misdiagnosis Compensation

The time limit for starting a medical misdiagnosis claim is usually 3 years. This will often run from the date of the misdiagnosis or from the date of knowledge if it only became clear afterwards that the misdiagnosis had caused you significant harm.

However, it’s important to note that in some situations, the time limit might not always apply. For example:

• Minors. If the misdiagnosis involves a child under the age of 18, the 3-year time limit doesn’t begin until their 18th birthday. A parent or guardian can claim on their behalf before then as a litigation friend.
• Mental capacity. If the individual who suffered due to misdiagnosis lacks mental capacity, the time limit may not apply until they regain the ability to manage their own affairs. In such cases, a litigation friend can be appointed to act on their behalf.

Pinning down the exact time limit in misdiagnosis cases can sometimes be tricky. Therefore, we recommend calling our advisors for clarification. The sooner you begin, the more time your medical negligence solicitor will have to collect supporting evidence if your case is taken on.

Do I Need A Solicitor To File A Medical Misdiagnosis Claim?

As we’ve hopefully shown, medical misdiagnosis claims will typically require a lot of investigation. They’ll also need medical evidence to prove what went wrong and how you have suffered. If the misdiagnosis claims process isn’t managed properly, you could miss out on being compensated properly (or at all).

We believe that if you have a medical negligence solicitor on your side, they’ll improve your chances of claiming successfully. If your claim is accepted by a medical negligence solicitor on our team, they’ll typically:

• Liaise with you to get a full understanding of how you’ve suffered.
• Arrange for you to be assessed by an independent expert.
• Collect evidence to support your case.
• File your claim with the NHS or a private medical practitioner.
• Provide extra evidence where needed to try and answer any queries or objections.
• Negotiate on your behalf to try and achieve a fair compensation settlement.

Remember, our team of solicitors offer a No Win No Fee service which means they will bear the financial risks involved with claiming instead of you.

Starting The Misdiagnosis Claims Process

Are you interested in starting a medical misdiagnosis claim today? If so, you can call us on 0800 6524 881 right away. There’s no obligation, and you’ll receive free legal advice on how to proceed with your claim, no matter what you decide to do next.

Alternatively, if you’d prefer, you can speak with one of our claims advisors via live support on our website. If now isn’t a good time, simply fill in our callback form, and we’ll arrange a convenient time to discuss your options.

There’s nothing to lose by reaching out. Our team is here to help guide you through the misdiagnosis claims process and ensure you have the best chance of securing the compensation you deserve.