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Misdiagnosis Claims & Different Types of Misdiagnosis Compensation

Has your condition deteriorated due to delays or failures in obtaining an accurate diagnosis? Delayed and wrongful diagnoses can have dire repercussions for patients, causing untold anxiety and stress, as well as serious health complications. If you have suffered as a result of your condition being misdiagnosed, the law permits you to seek compensation for both physical and psychological trauma suffered. Our misdiagnosis Misdiagnosis Claimclaims solicitors bear extensive experience of claims involving delayed and wrongful diagnosis, and can help you to seek compensation on a no win no fee basis. To find out whether you’re eligible to claim, speak to one of our clinical negligence specialists by calling our free-phone helpline number.

According to recent reports, compensation payouts for medical misdiagnosis claims rose by nearly 75% between 2011 and 2012, with an estimated 1,204 cases investigated by the NHS Litigation Authority (NHSLA). While comparatively minor when compared to theĀ  number of patients treated by doctors annually in the UK, this growth suggests that cases of misdiagnosis are becoming a more frequent problem.

Claims for medical misdiagnosis fall into two categories: those relating to a failed diagnosis, or undiagnosed condition, and those where a condition has been misdiagnosed (ie. a broken limb being dismissed as a sprain). Common problems attributed to medical misdiagnosis include:

  • Taking/ ingesting unsuitable or potentially harmful medications.
  • Undergoing an unnecessary surgical procedure.
  • Progression of an underlying illness leading to irreversible health complications.
  • Anxiety/ depression due to a condition that doesn’t really exist.
  • Suffering from a reaction/ side effects associated with wrongly prescribed medication.
  • A degenerative condition, such as a joint problems, worsening due to delays in treatment..
  • Maternal/ birth injury, or birth defects and deformities.
  • Ectopic or non viable pregnancy.
  • Metastisation of a tumour or cancerous cells.
  • Organ rupture or failure which endangers life, or causes fatality.
  • Internal bleeding resulting in dangerous haemorrhaging or clotting.
  • Delays in confirming the cause of/ treatment of symptoms.

An inaccurate or failed diagnosis may or may not affect a patient straight away, however, in cases where the wrong medication is prescribed, or an illness such as cancer remains undetected, delays in recognition of the condition or errors in treatment can be life-threatening. Whether you suffer from psychological trauma, or your condition is made worse by a misdiagnosis, the law permits you to seek compensation for your suffering. In the UK we have seen reports of one in six patients who have been the victims of a medical error.

For free, impartial advice concerning your right to claim, contact our friendly clinical negligence solicitors by calling our free helpline number. Our medical misdiagnosis experts are on hand to take your call, and will carry out a free assessment to help you better understand your legal options.

Claiming After Medical Misdiagnosis

Whether you have suffered because of a delay in treatment due to misdiagnosis, or were made ill by wrongly prescribed medication, you will usually have grounds upon which to file a medical negligence claim. Quite understandably, you may feel daunted at the prospect of taking legal action after being failed by a healthcare professional, however it’s important to understand that with the right legal representation, there is every chance your case will be successful.

Once appointed, your solicitor will begin to compile evidence that can help to validate your claim. He/ she will usually submit a request to your local authority for access to your medical records, and seek the opinion of an independent examiner to affirm that negligence has occurred. Depending on the length of time that has passed, you may also be requested to undergo an independent medical examination. These investigative efforts are usually sufficient for procuring evidence, but it may help your claim if you can supply:

  • Dates of GP and hospital appointments attended.
  • Details of medication prescribed.
  • Confirmation of correspondence, or a formal complaint.

No Fees and Ongoing Support Misdiagnosis Compensation Claims

Errors and delays in diagnosis account for a significant percentage of medical negligence claims made each year in the UK, of which the vast Misdiagnosis By Doctorsmajority are made in circumstances that have led to serious injury or progression of a condition. Put simply, many others who have suffered due to this type of negligence are forfeiting their right to compensation because they’re unaware of their rights.

Our solicitors sympathise with the fact that many people feel uncomfortable at the prospect of taking legal action against someone in the medical profession, but with our help, you needn’t forfeit your right to compensation. Medical negligence claims take far longer to conclude than those for other types of personal injury, and we’ll provide the support you need for the duration of the claims process. In addition, you won’t have to worry about costly legal fees, as our own costs are covered by the no win no fee agreement.

If you have suffered as a consequence of medical negligence and would like to speak to someone about making a no win no fee claim, book a free consultation with our expert clinical negligence solicitors using the secure online enquiry form.