Misdiagnosis Claims cover a wide variety of circumstances that may give rise to a claim. Generally these can include an incorrect diagnosis, a missed diagnosis, or a delayed diagnosis. If the misdiagnosis arises from a failure to diagnose the correct condition, then this might be treatment which fell below a reasonable standard and give rise to a potential claim. If you believe you were misdiagnosed, whether by a GP, hospital, paramedic, or any other medical professional, and as a result suffered a worse outcome or delayed recovery, we are able to offer rapid and expert assessment and tell you whether we can help.
Common Misdiagnosis Claims
X-rays in hospitals are always double checked by another doctor or radiologist, often after the patient is discharged. Occasionally the hospital will call a patient in the days after their discharge and be asked to return to treat a fracture that was missed on first attendance. Very often, the only “worse outcome” might be an extra day of two of discomfort. Occasionally however, the missed fracture could lead to serious consequences.
Most of these terribly sad cases that we deal with involve a delayed diagnosis. A GP for example might not recognise or act on red flag symptoms and might delay referral for investigation, tests, biopsies etc. Timely diagnosis and treatment give the best chance of treatment and even recovery and a delay of even a few months can prove catastrophic. We have a lot of experience of such cases and can help quickly and sympathetically whether the enquiry is from the patient or the family they have left behind.
A failure to properly and timeously diagnose heart disease can have tragic consequences. However, these claims are not straightforward, and you should seek expert independent advice. We can help.
Statistics suggest an increase of more than 30% in hospital admissions for men in their 40’s and 50’s during the last 20 years or so. Strokes usually result from a lack of oxygen to the brain caused by a blood clot, or a bleed. A TIA can be described as a “mini-stroke” and can be a red flag that investigations must be made to prevent a full stroke. You have likely heard of FAST or Face, Arms, Speech and Time. The most critical aspect for a stroke victim is time to treatment or the recovery will be limited. Cases have often been advanced on the basis
that with faster treatment, the neurological outlook would have been better. Most viable cases though focus on a failure to prevent a stroke in the first place.
Delayed or misdiagnosed appendicitis can give rise to a claim. Appendicitis can be a very painful condition that if left untreated can lead to the appendix bursting. This is a medical emergency which can be fatal. Appendicitis tends to affect children and younger adults but can occur at any age. It can be misdiagnosed as food poisoning, constipation, IBS, gastroenteritis, or even ectopic pregnancy. Delayed diagnosis can often lead to more extensive surgery and a prolonged recovery.
What should you do if you have a Medical Misdiagnosis Claim?
Although you can make a formal complaint to PALS, it is best to obtain advice from an independent expert clinical negligence solicitor. There are strict time limits for making a claim so it is best not to delay. We can advise you quickly if you have a claim we can assist with and will support you though the process from start to finish.
What Can I claim For?
This depends entirely on the nature of your claim and each case is assessed on an individual basis. Broadly however, the claim comprises “General Damages” which is the compensatory element of the claim to reflect the pain, suffering, and loss of amenity caused by the injury, and “Special Damages” which reflect the financial loss or out of pocket expenses. The special damages are often the largest aspect of the claim, and more so in serious or catastrophic claims. In the largest cases, financial losses might include provision for lifelong aids and equipment, 24 hour care, housing adaptations or entirely new accommodation, loss of earnings and pension, adapted vehicles, therapy, rehabilitation, ongoing medical expenses and a myriad of other expenses.
Although making a claim can never undo the harm, it can ease the often significant financial burden. We are experienced in dealing with claims at all levels, from simple claims with little injury and worth only a few thousand pounds, to life changing and catastrophic injury worth over £10m and always work on a no win no fee basis.
These are complex claims requiring expert and specialised legal advice and representation. We have decades of experience in dealing with medical negligence claims. We offer what we believe to be a unique service with unparalleled speed of assessment of your claim due to our in house legal and medical expertise and deal with cases in a sympathetic and understanding way. Feel free to get in touch for a no obligation chat.