Appendicitis Compensation Claims Solicitors
If you think your appendicitis was misdiagnosed or your surgery was delayed and this lead to further illness, you may have a right to claim for compensation. Speak to our no win no fee solicitors today.
If the medical treatment you receive when suffering appendicitis falls below a reasonable standard of care then you may be able to make a claim for compensation. Misdiagnosis of appendicitis or a failure to diagnose at all could lead to the appendix bursting or perforating.
In the most serious cases this can cause an infection such as sepsis, impact other organs like the fallopian tubes and, at worst, lead to fatality. If this happens to you or a member of your family you may be able to make an appendicitis compensation claim.
Compensation can never truly make up for the fact that you’ve been let down by a medical professional you trusted, but it could take some of the stress from your recovery and rehabilitation, as well as making sure you aren’t impacted financially.
We have a strong track record of successfully handling medical negligence claims like this at Wolferstans, so call us if you think you could make an appendicitis compensation claim and we’ll explain exactly how the process works.
Can I make a claim for misdiagnosed appendicitis?
Yes, you can make a claim for misdiagnosed appendicitis if the treatment you received fell below the standard that you’d reasonably expect. The nature of appendicitis symptoms, and the fact that the signs are not always consistent, means that it can be confused with other less serious conditions.
The criteria for appendicitis compensation claims are:
- You had appendicitis which a medical practitioner should have diagnosed
- The appendicitis was diagnosed too late or was misdiagnosed entirely
- You suffered injury or illness as a result
If the symptoms are clear enough for a correct and timely diagnosis to be made then any failure to do so could amount to medical negligence. This could take the form of appendicitis being diagnosed too late, after it has caused further problems, or not being diagnosed at all.
Misdiagnosis or late diagnosis could both cause complications, delaying the recovery process and, in some cases, having a permanent medical impact. No matter what the specific issues are, the pain and distress caused could be significant, as could the financial fall-out.
Any successful claim could mark the negligent manner in which you’ve been treated, as well as ensuring that you aren’t left financially worse off through no fault of your own. We know how distressing medical negligence of this kind can be, and our legal expertise will be combined with understanding and support, as we guide you through the process of making an appendicitis compensation claim.
Specialists You Can Trust
We’ve handled hundreds of complex medical negligence claims — recovering over £105 million for clients in the last five years alone.
In addition to this, we work with leading medical experts to make sure your case is built on the strongest evidence and you receive the maximum compensation possible.
How much compensation can I claim for misdiagnosed appendicitis?
The amount of compensation you could receive for a successful appendicitis compensation claim can range from £3,000 for a case which is minor with only short term implications, up to more than £100,000 for a case which causes long term or even permanent damage. The total amount for any successful appendicitis compensation claim will depend on:
- The severity of the pain and distress caused, both physical and psychological
- How serious and long lasting any impact on your health is
- Any expenses which are directly linked to your appendicitis
The money paid out for a successful appendicitis compensation claim is made up of general damages and special damages, and these are calculated as follows:
General Damages
General damages are paid on the basis of the pain and suffering caused by the appendicitis misdiagnosis, as well as the degree to which it stops you doing things like pursuing hobbies and leisure activities. The more severe and long-lasting the impact of your appendicitis misdiagnosis is, the higher any general damages are likely to be.
The general damages figure will be reached with the help of a publication called the Judicial College Guidelines, which sets out a range of possible payments for specific types of injury. Examples from the latest edition which might apply in an appendicitis misdiagnosis claim include the following:
- Minor complications with a short term impact arising from appendicitis misdiagnosis – £3,000 to £9,000
- A ruptured appendix causing a moderate longer term impact following appendicitis misdiagnosis – £10,000 to £25,000
- Severe complications following appendicitis misdiagnosis such as sepsis or long term organ damage – £30,000 – £70,000+
Special Damages
Special damages are paid in order to ensure that any appendicitis misdiagnosis doesn’t leave you worse off financially than you would have been if it hadn’t happened. They are paid to cover any money lost as a direct result of medical negligence.
Special damages will cover any earnings or pension lost because your illness or injury impacts your ability to earn a living. They will also directly compensate for expenses including the following:
- Anything spent on medical care related to your appendicitis misdiagnosis now or in the future
- Anything spent on care which needs to be provided as a result of your appendicitis misdiagnosis, now or in the future
- Anything spent on travelling to and from medical appointments linked to your appendicitis misdiagnosis
- Anything spent on adaptations made to your home or vehicle as a result of your illness or injury
- Anything spent on specialised equipment needed as a result of your appendicitis misdiagnosis
An amount based on any time spent by friends and family caring for you free of charge as a result of your appendicitis misdiagnosis
Our expertise in handling appendicitis misdiagnosis claims means that we’ll help you to claim the maximum compensation you might be entitled to. We’ll handle the stress and hard work of pursuing that claim, while you concentrate on making the fullest possible recovery.
What is the time limit for making an appendicitis negligence claim?
The time limit for making an appendicitis negligence claim is 3 years. This date will generally run from the date upon which any misdiagnosis took place, although it can also be taken from the date on which the impact of the negligence became apparent.
Exceptions to the 3 year time limit include:
- If you were under 18 at the time of the misdiagnosis. If this is the case then the 3 year period will date from your 18th birthday to your 21st.
- If you lacked the mental capacity to start a compensation claim during the 3 year period. If this happens then the 3 year limit will be taken from the date on which you regain the mental capacity to claim compensation.
It is also possible to claim on behalf of another person, such as a child who is the victim of appendicitis misdiagnosis or someone who unfortunately dies as the result of medical negligence. Despite the 3 year limit we would always recommend starting any compensation claim as soon as you are able to do so.
Can I make a no-win, no fee appendicitis claim?
Yes, the team at Wolferstans handle appendicitis compensation claims on a no win no fee basis. This means the following:
- You won’t have to pay anything as we gather evidence, build your case and negotiate with the other party
- We only take a fee if your claim is successful, and it is never more than 25% of any compensation awarded
- If the claim fails, the costs of the other side will be covered by insurance we take out on your behalf.
We work on a no win no fee basis because we think that medical negligence compensation should be available on the principle of fairness, not just to those who can afford to take legal action. When you come to Wolferstans, there is no risk of spiralling fees or hidden costs, just a team of experts working to win the compensation you deserve.
Recent successful claims
£27m for child left blind with cerebral palsy at birth
Oscar’s family secured £27m after delayed response to placental abruption caused lifelong brain injury.
£2.8m for missed tumour in x-rays 6 years before diagnosis
Mrs K received £2.8m after a cancerous tumour was visible in x-rays years before diagnosis confirmed.
£950,000 for brain damage from untreated hydrocephalus
Jack received £950,000 after shunts weren’t removed, causing severe brain damage and memory loss.
How do I start an appendicitis claim?
If you think you may have been the victim of an appendicitis misdiagnosis then contact us as soon as you are able to. During an initial free consultation we’ll listen to the details of your experiences and explain whether we think you have the grounds for a compensation claim.
If we think that you have the basis for a claim then we’ll explain the process and, if you agree, we’ll get to work gathering the evidence to prove that you’ve been a victim of negligence. Throughout this process we’ll communicate in a clear, jargon-free manner so that you always understand what we’re doing on your behalf and feel fully supported.
The process will begin with us taking a full statement from you, setting out details such as when and where you first presented with the symptoms of appendicitis and the response of the medical practitioners treating you. We’ll build a time line of the diagnosis you received, the treatment you had and how the condition developed.
We’ll also take statements from any witnesses such as family members who attended medical appointments with you.
We’ll arrange an independent medical examination with an expert of our choice to build a full picture of the long term impact of your appendicitis misdiagnosis and the prognosis for any recovery.
We’ll access your own medical records, particularly those dealing with your appendicitis and how it was treated by medical practitioners. These could include your GP, the staff at an accident and emergency department, consultants who dealt with you and surgeons who had to operate to remove your appendix.
We’ll also bring together the documents needed to show the financial impact which your appendicitis misdiagnosis has had. These could include bank statements, pay slips from before and after the misdiagnosis, medical bills and receipts or invoices for any direct expenses.
We’ll contact the relevant body – usually an NHS trust or sometimes a private medical establishment – informing them that you intend to seek compensation.
In the majority of cases the other party will admit liability when presented with the evidence we’ve gathered on your behalf. If this happens we will negotiate a compensation payment, using our experience of handling medical negligence cases and our commitment to fairness to fight for the maximum compensation available.
In a small number of cases the other party will deny liability, or will refuse to make a fair offer of compensation. If this happens the claim will be decided in court, and we will be by your side to present the most compelling possible case and argue strongly for a fair result.
If liability has been admitted but the complex nature of your condition means that it takes longer to reach a final compensation agreement – if long term care requirements have to be factored in, for example – we will apply for interim payments to help with on-going costs until a final amount is agreed.
How long does an appendicitis claim take?
The simplest appendicitis compensation claim will take around 18 months to settle, while those in which the medical evidence is more complex could take as long as 4 years. Factors which could lead to a claim taking longer to settle include serious injuries or illness needing more medical evaluation and the other party denying liability.
No matter how long a claim takes we’ll be by your side throughout, and where possible we’ll apply for interim payments to make the process of recovery and rehabilitation as comfortable and stress-free as possible.
What constitutes negligence in an appendicitis diagnosis?
Every time you visit a medical professional they have a clear duty of care toward you. If you present with the symptoms of appendicitis, or if your medical history along with your symptoms means that a medical professional could reasonably be expected to make the correct diagnosis but fails to do so, then you may have been the victim of medical negligence.
In the case of appendicitis, negligence could take the form of diagnosing the condition as something else, such as menstrual pain, Cronhn’s disease or a bladder infection, or it could mean failing to diagnose appendicitis at all until it is too late and the appendix has ruptured or caused a wider infection.
Any failure in the duty of care where appendicitis is concerned could have serious and sometimes long term ramifications. At the very least, the pain caused will be greater and your recovery will take longer, but more severe cases could involve other organs such as the reproductive system in females being damaged on a permanent basis.
No matter how severe or moderate the impact of your appendicitis misdiagnosis is, if a medical professional would reasonably be expected to make the correct diagnosis when presented with your symptoms then you have every right to make a claim for compensation.
What should you do if you suspect medical negligence?
If you suspect medical negligence in the case of your appendicitis diagnosis and treatment then you should write down an account of what happened. Include your symptoms, the responses of the medical professionals you saw and the treatment you received.
You should use this information to create a timeline of your appendicitis diagnosis. Establishing exactly when any diagnosis was made is a vital part of proving that it was delayed, or that you were misdiagnosed entirely.
You should then contact us, and we’ll get to work gathering evidence such as your medical records and the statements of any witnesses to your treatment. We’ll also provide support and an understanding of the emotional impact of medical negligence, and our handling of your claim will give you the room and time to get on with putting your life back on track.
Support At Every Stage
From your first enquiry to the final outcome, you’ll have a dedicated team of specialists guiding you through the entire process.
We’ll explain everything clearly so you understand exactly what’s going on at any point in time, answer your questions, address possible concerns, and help you get the care and support you need while your claim is ongoing.
Frequently asked questions about appendicitis claims
What are the symptoms of appendicitis?
The symptoms of appendicitis can vary from case to case, which is one of the reasons why diagnosis is delayed, or the condition is misdiagnosed entirely. In general terms, the earliest and most common symptom of appendicitis is a pain which starts in the middle of the stomach and comes and goes.
Over time, the pain will move to the lower right hand side of the torso, at which point it will become constant and more severe. If you experience symptoms of this kind it is vital that you access medical help as quickly as possible.
Left untreated an inflamed appendix can develop an abscess, spreading infection through the body, or can even burst. Complications of this kind could cause severe illness, sepsis, damage to other organs and, in the worst cases, even death.
Other symptoms of appendicitis include:
- Nausea
- Losing your appetite
- Constipation or diarrhoea
- A high temperature and a flushed complexion
How is appendicitis diagnosed?
The diagnostic process for appendicitis includes the following:
- A physical examination of the patient, with particular attention paid to the pain and tenderness present in the abdomen, and the precise location and nature of that pain
- Blood tests to check for signs of inflammation by tracking things such as the white cell count of the patient
A review of the patient’s medical history, with particular attention paid to potential issues which might present with some similar symptoms, such as Irritable Bowel Syndrome (IBS)
- An X-ray of the abdomen
- An ultrasound scan of the abdomen
- A CT-scan of the abdomen
Failure to carry out the right tests to diagnose possible appendicitis, or to act on the result of the tests carried out, could play a role in any compensation claim.
What is the treatment for appendicitis?
In most cases the treatment for appendicitis involves the surgical removal of the appendix. The operation, known as an appendectomy, will be performed under general anaesthetic.
If your appendicitis has been diagnosed at an early enough stage then the operation will usually involve keyhole surgery. This means small incisions being made in the abdomen and the use of surgical equipment including a small camera.
If the appendix has burst then the operation may involve open surgery, which means a single larger cut being made to the abdomen. Surgery of this kind will also be preferred if you’ve previously undergone open abdominal surgery, and the recovery time from the operation is generally 4 to 6 weeks.
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