When going to the doctor or any other medical professional, we expect them to deliver us the care and attention that we need to help us with our health issues. Whilst this expectation is met the majority of the time, mistakes do happen, and medical negligence can occur.
If you think your treatment wasn’t given in a timely manner and that negligence was involved then you could be owed compensation. This guide about delayed treatment medical negligence claims will aim to answer any questions you may have about making a compensation claim.
Not every delay in treatment will involve negligence, so our guide will explain under what circumstances a claim can be made for delayed treatment. We will also show you how compensation in such claims is calculated and also how an experienced medical negligence solicitor can help you claim on a No Win No Fee basis.
Start your claim with us now by getting in touch with us. You can leave an enquiry by filling out our form to claim online.
Jump To A Section or Browse Our Guide
- What Is A Delayed Treatment Medical Negligence Claim?
- How Can Delayed Treatment Lead To A Medical Negligence Claim?
- How Long Do I Have To Make A Medical Negligence Claim?
- What Evidence Do I Need To Make A Delayed Treatment Claim?
- How Much Compensation Could I Receive For Delayed Treatment?
- Can I Make A Delayed Treatment Medical Negligence Claim Using A No Win No Fee Solicitor?
- More Useful Links About Medical Negligence Claims
What Is A Delayed Treatment Medical Negligence Claim?
A delay in treatment does not automatically mean negligence was involved and that a claim can be made. The eligibility criteria to claim compensation for medical negligence are:
- You are owed a duty of care
- This duty was breached
- You suffered avoidable harm as a result
A duty of care is owed to all patients by medical professionals, so we can move on and consider how this duty might be breached. To discharge their duty, a medical professional must give the accepted correct standard of care. If they fall below this standard, and harm is caused due to a delay, then this could result in a delayed treatment medical negligence claim.
Meeting the correct standard of care can include:
- Giving correct medical advice.
- Listening to the patients when they describe their symptoms.
- Keeping accurate medical records
- Performing the correct tests.
- Prescribing or administering the correct medication at the correct dosage.
- Being mindful of pre-existing conditions and medications while prescribing new medicines or performing medical procedures.
This list by no means includes all the actions that doctors, nurses or other medical professionals could be required to take. The Nurse’s Standard of Care set by the Nursing and Midwifery Council (NMC) and the National Institute for Health and Care Excellence (NICE) guidelines can come into consideration in determining if the minimum accepted standard of care has been met.
Wondering how to make a hospital negligence claim? Contact us to find out.
How Can Delayed Treatment Lead To A Medical Negligence Claim?
Here are some examples of how delayed treatment could lead to a medical negligence claim:
- A GP fails to notice clear and obvious signs that a patient has suffered a stroke. They mistake the patient for being under the influence of alcohol, and the delay in treatment leads to a much worse prognosis. This could lead to a GP negligence claim.
- A patient complains to the GP about weight loss and coughing up blood. The GP tells the patient that they will refer them for a chest X-ray but they forget to do this. The patient is later diagnosed with lung cancer, and there is a delay in treatment.
- A diagnostic test such as an MRI scan or ultrasound is not considered correctly by a radiologist, and a condition is missed, leading to a significant delay in treatment.
It could be the case that as part of the negligence that you suffer, you are diagnosed with a different condition, and that is why there is a delay in your treatment. You might be able to make a misdiagnosis claim in such circumstances.
To discuss the specifics of your delay in treatment and for a free case assessment, you can contact an advisor.
How Long Do I Have To Make A Medical Negligence Claim?
Under the Limitation Act 1980, you have up to 3 years to commence your delayed treatment medical negligence claim. This time limit is calculated from the date when you suffered injuries or became aware that negligence had happened. However, there are certain exceptions to this time limit:
- Minors- The time limit applies only once the minor becomes 18 years of age. In this case, the time limit will be until the child turns 21. However, people close to the minor can make a claim on their behalf before their 18th birthday by acting as a litigation friend.
- Diminished Mental Capability- In such cases, there is no time period applicable if the criteria under the Mental Capacity Act 2005 are fulfilled. But if the patient regains their mental capability, the time period would begin to apply with it being three years from that date. If there is no capacity, a litigation friend can also be used to bring a claim.
To find out if you are still in time to make a claim, speak to a member of our team for more information.
What Evidence Do I Need To Make A Delayed Treatment Claim?
If you wish to make a delayed treatment medical negligence claim, you would need evidence to support it. This can include the following:
- Contact details of any witnesses so that your medical negligence solicitor can approach them for statements.
- Medical records- could be used to show the diagnosis you received and how a delay in treatment caused your condition to worsen.
- Scan or test results.
- Proof of correspondence with your doctor or the hospital to show the lack of action.
To see how one of our solicitors can help you with evidence, speak to one of our advisors. If you are eligible, they can connect you with a medical negligence solicitor.
How Much Compensation Could I Receive For Delayed Treatment?
The compensation which would form part of your delayed treatment medical negligence claim is of two types:
- General Damages- These are claimed for the physical and psychological injuries or harm suffered by you due to the delay in treatment.
- Special Damages- These are claimed for the financial losses due to the delayed treatment.
You could be invited for an independent medical examination to determine the extent of the injuries. Additionally, the Judicial College Guidelines (JCG) could be used to determine the exact compensation you could claim for your injuries. These guidelines provide an exhaustive list of injuries with a range of compensation figures, some of which are replicated below. However, please do remember that no compensation is guaranteed and the table only contains guidelines. You should also note that the first row hasn’t been taken from the JCG.
| Injury | Severity | Notes | Compensation Guidelines |
|---|---|---|---|
| Multiple Severe Injuries and Special Damages | Very Serious | Compensation could be awarded for more than one serious injury and significant financial losses such as a loss of earnings, nursing care is required | Up to £1,000,000+ |
| Brain Damage | Very Severe | Could involve cognitive/physical disabilities, and there is little response to environment, requiring full time nursing care | £344,150 to £493,000 |
| Injuries Affecting Sight | Total Blindness | Dislocation of the shoulder and chronic pain in the shoulder and neck, aching in elbow and weakness of grip leading to restricted shoulder movement | In the region of £327,940 |
| Deafness/Tinnitus | Total Deafness | If there is no loss of speech or tinnitus, the lower limit would apply. The higher end could apply for both loss of speech and tinnitus. | £110,750 to £133,810 |
| Kidney Damage | Severe (b) | There is a significant risk of urinary tract infection in the future or the loss of kidney function in any other way. | Up to £78,080 |
| Asthma | Chronic | There are breathing difficulties and a constant need to use an inhaler which restricts employment prospects. | £32,090 to £52,490 |
| Bladder Damage | Some Fairly Long-Term Interference With Function | Although there is a significant recovery but still some long-term interference with functioning. | £28,570 to £38,210 |
| Hernia Damage | Severe (a) | There is continuous pain, limiting physical activities and employment. | £18,180 to £29,490 |
| Pelvis and Hip Injury | Moderate (ii) | There may be hip replacement or other surgery involved. This would also include the need to get hip replacement surgery in the foreseeable future. | £15,370 to £32,450 |
What Financial Losses Can I Claim For After Experiencing Delayed Treatment?
You could claim special damages for the financial losses caused by the harm you have suffered. These losses could include the following:
- Lost wages or earnings
- Future lost earnings
- Rehabilitation treatments such as physiotherapy or cognitive behavioural therapy.
- Travel expenses
- Care costs
For more information about what you could seek as special damages or about how to make a delayed diagnosis claim, you can contact our team.
Can I Make A Delayed Treatment Medical Negligence Claim Using A No Win No Fee Solicitor?
Using a solicitor to help you with your delayed treatment medical negligence claim has several advantages. They could help you by:
- Collecting the evidence needed to strengthen your case
- Explaining legal terms to you
- Completing legal documents and paperwork
- Negotiating with the other side
- Making sure all the losses are included in your claim
Our solicitors can take your case on a No Win No Fee basis by offering you a Conditional Fee Agreement (CFA). A CFA is a type of No Win No Fee contract and typically under a CFA:
- No solicitor fees need to be paid before the case begins
- Your solicitor will not ask for fees as the case continues
- If your case does not win, there are no solicitors fees that you have to pay
- A success fee is due to your solicitor if your case wins. This is deducted from the compensation and has a legal maximum cap (as a percentage).
Using this type of agreement, you will keep the majority of the compensation. Our solicitors have years of dedicated medical negligence experience so why not see if they could help you with your doctor negligence claim?
Claim Online using our form, and an advisor will get back to you quickly.
More Useful Links About Medical Negligence Claims
Here are some more guides from our site which may be helpful:
- Our guide to fatal medical negligence claims.
- Information on surgical error claims.
- Details on birth injury compensation claims.
Here are some external resources which you may find relevant:
- Guidance from the CQC on how to complain about a service or provider.
- Information to find your nearest A&E from the NHS.
- Detailed guide from the NHS on First Aid.
Thank you for considering our guide about delayed treatment medical negligence claims.