Are you interested in making a misdiagnosis claim, but you’re not sure where to start? Medical negligence law can seem complex, but we are here to help.
In this guide, we’ll discuss everything you need to know about making a claim following a negligent misdiagnosis. This includes defining medical negligence, explaining when you could be eligible to claim, and exploring some of the conditions that could be misdiagnosed.
We’ll also talk about some of the important steps you will take if you make a claim, like gathering evidence, establishing liability, and reaching a compensation settlement. Finally, our guide will explain why we always recommend making a claim with the help of a medical negligence solicitor.
Contact Us
Our team are here to help. If you have any more questions, or if you want to get started, contact us today by:
- Calling us on the number at the top of the screen
- Using the live chat feature
- Start your claim online
Browse Our Guide
- Can I Make A Misdiagnosis Claim?
- What Counts As A Medical Misdiagnosis?
- What Medical Conditions Could Be Misdiagnosed?
- How To Make A Misdiagnosis Claim
- Can I Make A Misdiagnosis Claim For Someone Else?
- Can I Make A Medical Misdiagnosis Claim Against A Private Healthcare Provider?
- How Much Medical Misdiagnosis Compensation Could I Receive?
- What Is A No Win No Fee Medical Negligence Claim?
- More Resources About Claiming Medical Negligence Compensation
Can I Make A Misdiagnosis Claim?
If you can prove that medical negligence occurred, then you may be able to make a claim. Medical negligence occurs when:
- A duty of care is owed to you by a medical professional, such as a doctor.
- They breach this duty.
- You suffer avoidable harm due to this breach.
What Is A Duty Of Care?
A duty of care is a legal responsibility for your health and safety. You are owed a duty of care by any medical professional that treats you, and that means that your treatment needs to meet a minimum standard. Failing to meet this minimum standard can be seen as a breach of their duty of care.
Different professional fields will have different steps that they need to take to fulfil this duty. For example, the responsibilities of a GP might be different to those of a neurosurgeon or midwife, but they all must meet this minimum standard.
If they fail to meet this standard, and you suffer harm that was unnecessary or could have been avoided as a result, you may be able to make a medical negligence claim. Contact our team to learn more, or read on to find out how medical negligence could lead to a misdiagnosis claim.
What Counts As A Medical Misdiagnosis?
Misdiagnosis occurs when a doctor or other medical professional fails to diagnose you with a condition correctly, and can include:
- Misdiagnosing you with a different condition. This could be due to the fact the medical professional failed to order further testing.
- Failing to diagnose any condition. This could be caused by a medical professional not taking the symptoms you described to them seriously.
- Misreading X-rays or scans and failing to spot breaks or fractures.
- Misreading blood tests or the results of a biopsy and failing to spot a condition or disease.
Misdiagnosis can cause your treatment to be delayed, or you to be given the wrong treatment altogether which could cause to experience various symptoms. In some cases, it can even be fatal, as it can allow diseases to become terminal and treatments to become less effective.
These are just a few examples of how misdiagnosis can occur. Get in touch with our team today to find out if you could make a misdiagnosis claim.
What Medical Conditions Could Be Misdiagnosed?
There are many different kinds of conditions that can be misdiagnosed, from minor conditions to terminal illnesses, including:
- Cancer, e.g. breast cancer could be misdiagnosed as a swollen lymph node.
- Breaks and fractures.
- Sepsis.
- Meningitis.
- Strokes.
- Aneurysms.
- Ectopic pregnancies.
- Epilepsy.
There are many other kinds of conditions that can be misdiagnosed, and the consequences can be just as serious. If you’ve been harmed by a medical misdiagnosis, get in touch with our friendly team today to see how we could help you.
How To Make A Misdiagnosis Claim
So, how do you make a misdiagnosis claim? The first step we always recommend claimants take is seeking legal advice. This is because a qualified solicitor can provide invaluable insight into the claims process, and help with further steps, like gathering evidence.
Evidence is crucial and is often the cornerstone of your case. The right evidence will be able to prove that medical negligence occurred, as well as how it harmed you. Some examples of evidence that could be used in a misdiagnosis claim include:
- Photographs of visible harm, such as rashes.
- The contact information of anyone who witnessed your treatment that could provide a statement.
- Test results or scans.
- A symptoms diary.
- Correspondence with the medical institution where you received your care.
Your claim might also be put to the Bolam test. This is when a panel of medical experts review the actions of the professional who treated you and produce a report on whether or not they acted negligently.
Contact us today to learn more about how a medical negligence solicitor could help you make a claim.
Can I Make A Misdiagnosis Claim For Someone Else?
Yes, you can make a misdiagnosis claim on someone else’s behalf as their litigation friend. This is appropriate in cases where the claimant has been rendered incapable of claiming for themselves or is under the age of eighteen.
As a litigation friend, it’s your responsibility to:
- Act in the best interests of the claimant.
- Do everything you can to keep them informed.
- Find out their thoughts and feelings on the proceedings.
- Talk to their solicitor about the case.
You have to apply to be a litigation friend, or you could be appointed by the court. Get in touch to learn more about claiming for someone else.
Can I Make A Medical Misdiagnosis Claim Against A Private Healthcare Provider?
Yes. If you can prove that medical negligence occurred, then it doesn’t matter if the care you received was from the NHS or a private provider. All medical professionals owe you a duty of care, no matter who they work for and if they breach this duty you are still eligible to make a compensation claim for any unnecessary harm you have suffered.
Contact our advisory team today with any questions you may have about the medical misdiagnosis claims process.
How Much Medical Misdiagnosis Compensation Could I Receive?
When you successfully make a misdiagnosis claim, your compensation can be split into two heads, known as general and special damages.
The overall amount you could receive can vary depending on the circumstances surrounding your case, but professionals often use the Judicial College Guidelines (JCG) to calculate general damages.
This heading of compensation covers the pain and suffering you experience because of the medical negligence, and the JCG provides guideline compensation brackets for different injuries and illnesses.
In the table below, you can find some examples of these guidelines. The first entry is not a JCG entry, and is purely illustrative.
| Injury | Compensation Bracket | Notes |
|---|---|---|
| Multiple Instances Of Severe Harm And Special Damages | Up to £1,000,000+ | Multiple instances of severe harm with special damages, like lost earnings and the cost of private medical treatment. |
| Very Severe Brain Damage (a) | £344,150 to £493,000 | The response to surroundings is minor, if any at all. There is a need for constant care. |
| Moderately Severe Brain Damage (b) | £267,340 to £344,150 | A very severe disability with a need for constant professional care. |
| Kidney (a) | £206,730 to £256,780 | Loss of both kidneys, or permanent damage to both. |
| Make Reproductive System (a) | In excess of £187,790 | Total loss of reproductive organs. |
| Epilepsy (a) | £124,470 to £183,190 | Grand Mal epilepsy. |
| Lung Disease (a) | £122,850 to £165,860 | For a young person with a disability that is serious leading to a premature death. |
| Lung Disease (b) | £85,460 to £118,790 | Lung cancer in an older person causing a severe drop in their quality of life. |
| Lung Disease (c) | £66,890 to £85,460 | Disease causing a drastic reduction in lung function and reducing employment and physical acitvities. |
| Female Reproductive System (f) | £4,140 to £24,930 | Delayed diagnosis of ectopic pregnancy with no infertility. |
Can I Claim For Loss of Earnings Caused By An Incorrect Diagnosis?
In some cases, you can claim back lost earnings and other expenses caused by the medical negligence. This is covered under special damages, and can help you recoup the cost of:
- Lost earnings.
- Childcare.
- Professional home care.
- Hospice care.
- Private healthcare treatment.
- Prescriptions.
- Travel.
To claim under this heading, you need proof of these expenses. Because of this, we recommend you keep any receipts, bank statements, or invoices that show your financial losses.
Contact our team today to learn more about what your misdiagnosis claim compensation could contain.
What Is A No Win No Fee Medical Negligence Claim?
As we’ve already mentioned, we always recommend working with a solicitor on your claim. This is because solicitors work and train for years before they are qualified and can use all of this experience to help you through the medical negligence claims process.
For example, a solicitor can help you:
- Collate evidence and support your case.
- Prepare your case for court if necessary.
- Communicate with the court and the defendant.
- Negotiate the settlement you deserve.
- Understand and explain legal jargon.
Our solicitors can do all of this and more on a No Win No Fee basis. They work under a Conditional Fee Agreement (CFA), which means you access all of their services without:
- Paying for them upfront.
- Paying for them as the claim is ongoing.
- Paying for their work at all if the claim fails.
If your misdiagnosis claim succeeds, your solicitor will take a success fee from your compensation. The law also limits the percentage that can be taken from your compensation as this fee.
Contact Us
To find out if one of our expert medical negligence solicitors could help you, get in touch with our team today. One of our advisors can assess your claim through a free initial assessment, talk to you about your next steps, and potentially put you in touch with a solicitor. You can contact our team by:
- Calling us on the number at the top of the screen
- Using the live chat feature
- Or you can start your claim online
More Resources About Claiming Medical Negligence Compensation
For more helpful resources:
- Advice for claimants from the NHS.
- Raise a concern with the General Medical Council.
- View the Health A-Z from the NHS.
Thank you for reading our guide on misdiagnosis claims. If you would like to discuss your case, get in touch with our advisory team.