Medical Misdiagnosis Compensation Claims Solicitors

How do I make a medical misdiagnosis claim?

To successfully claim compensation for a medical misdiagnosis, you must prove that the misdiagnosis was caused by negligence on the part of the medical professional treating you and that negligence has led to injury, illness or an existing medical condition worsening.

Speak with our experienced medical negligence solicitors to find out your legal rights to claim for compensation.

Our specialist medical negligence solicitors advise you of your legal rights, how much compensation you may be entitled to claim, and how long the process may take.

What types of medical misdiagnosis can I claim compensation for?

There are three types of medical misdiagnosis for which you can claim compensation.

Missed diagnosis

When an illness or condition is completely missed and has been undiagnosed by the healthcare professional.

Incorrect diagnosis

When the healthcare provider makes the wrong diagnosis and prescribes the incorrect medication or treatment.

Delayed diagnosis

When a condition could have been diagnosed earlier, and the delay has resulted in your condition worsening.

Our specialist medical negligence claim solicitors have extensive experience successfully representing clients for missed, incorrect, and delayed diagnosis claims.

In our experience, misdiagnosis claims are most common, but not limited to the following types of conditions:

• Cancer misdiagnosis
• Stroke
• Meningitis
• Diabetes
• Cardiological misdiagnosis, including heart attacks and heart disease
• Surgical negligence caused by misdiagnosis
• Medication errors such as prescribing the incorrect medication following a misdiagnosis
• Cauda Equina
• Group B Strep
• Birth injuries caused by misdiagnosis of complications during childbirth

How much compensation can I claim for a medical misdiagnosis?

The amount of compensation you may be able to claim for a misdiagnosis will depend on a number of factors, including the severity of your injury or illness and the impact it has on your life.

Typically, you may receive a higher level of compensation the more severe your injuries or illness may be and if the length of time it may take for you to recover is longer.

The level of compensation you may receive will depend on several factors, including:

• The severity and type of injury you have suffered
• The level of pain and suffering you have experienced and may continue to experience
• Your medical costs to date, the cost of ongoing medical treatment, and the care you may need
• Your loss of earnings, including future earnings
• The unique circumstances of your case.

The intention of awarding financial compensation is to put the claimant back in the position they would have been in had the misdiagnosis never occurred.

Our experienced medical negligence solicitors will be able to advise you more clearly on what your claim might be worth during an initial consultation about your claim.

We recognise that no amount of money can make up for what you may have suffered, so we take the utmost care and consideration into ensuring you are compensated correctly in relation to the severity of your injuries, the effects they have had on your life, as well as your loss of earnings and changes to your lifestyle.

How is compensation calculated for a medical misdiagnosis claim?

When valuing a medical misdiagnosis claim, our solicitors will look at factors such as how seriously your health has been affected, pain and suffering, financial losses, and potential future costs to manage your condition.

Compensation amounts for misdiagnosis claims are calculated by combining the compensation you may be legally entitled to for both general and special damages.

General damages amounts relate to the pain and suffering you may have experienced. In contrast, special damages relate to the effects the injuries may have on your life.

What are general damages in medical misdiagnosis claims?

The amount of compensation you may receive for general damages in a medical misdiagnosis claim may relate to the level of pain, suffering and loss of amenity, sometimes known as PLSA. Compensation amounts awarded will consider how the injuries may affect your daily activities, including socially, domestically and at work.

The Judicial College Guidelines from the Ministry of Justice provide guidance on the amount of compensation you can claim for general damages. These amounts relate to the part of the body injured, how severe the injury is, and if any ongoing symptoms may develop.

What are special damages in medical misdiagnosis claims?

In addition to the amount you can claim for general damages, you can claim for any reasonable financial losses or “out-of-pocket” expenses directly related to the negligent treatment you may have incurred or will incur.

Compensation for special damages is particularly significant for those who have suffered severe injuries, as they may need extended medical assistance, specialist equipment and adaptations to their home.

Claims for special damages could include, but may not be limited to:

• Any loss of income or pension
• Any costs associated with your rehabilitation or ongoing medical treatment
• Any costs related to adaptations you may need to make to your home
• Any costs for the care you may have or will need to receive, even if a family member or friend provides this
• Any out-of-pocket expenses you or anyone who has cared for you may have incurred

What is the time limit to claim compensation for a medical misdiagnosis?

The time limit to start a medical misdiagnosis claim is three years from the date the incident happened, when you first became aware that the misdiagnosis occurred, or when you became aware that the misdiagnosis has caused your medical condition to worsen.

However, there are some exceptions to the three-year limit to start your claim. These include:

• If a child has suffered from a medical misdiagnosis, they have up to three years from the date of their 18th birthday to start a claim.
• If a person is unable to claim due to limited mental capacity, the three-year time limit does not apply and may only start if their condition improves to a point where they are able to claim for themselves.

We recommend you start your claim as soon as possible, as this can help us collect all the evidence we need to present the strongest case.

Why and how does medical misdiagnosis happen?

The vast majority of us respect healthcare professionals’ skills and expertise when they are there to help us or a family member in our time of need.

However, providing the correct healthcare is not simple, especially in a pressurised situation, and sometimes, those challenges lead to errors, including misdiagnosing a person’s symptoms.

Who can I make a medical misdiagnosis claim against?

A medical misdiagnosis claim can be made against any medical professional who fails to provide the expected reasonable standard of care, including doctors, GP, nurses, mid-wives, and surgeons.

Claims can be brought against healthcare providers such as:

• NHS Trusts
• Hospitals
• Community and mental health care providers
• The ambulance service
• GPs and doctor surgeries
• Dentists
• Pharmacies
• Opticians
• Private healthcare providers, including private doctors
• Clinics
• Nursing homes
• Therapists (including those offering alternative and complementary medicine)

When can I make a no win no fee medical misdiagnosis claim?

You may be able to make a no win no fee claim for a medical misdiagnosis if the misdiagnosis has led to you suffering injury, illness or the worsening of a medical condition.

Our medical negligence solicitors provide our legal services on a no win no fee basis, which means you can claim with the peace of mind that you are at no financial risk if your claim is unsuccessful.

No win no fee agreements are also known as Conditional Fee Agreements (CFA). When a no win no fee agreement is set up, your solicitor will take an insurance policy out on your behalf. The policy protects you against any costs incurred relating to your claim. These costs could include legal fees, medical reports, court, and other expenses.

Our solicitors will explain how the policy works and what fee may be paid if your claim is successful.

What do I need to prove when making a medical misdiagnosis claim?

To prove a misdiagnosis has occurred, you will need to show that you have suffered physical harm, such as injury or illness and that your healthcare provider was at fault.

Examples of fault or what is more commonly known as negligence for misdiagnosis claims include:

• Failure to examine the patient correctly
• Mis-understanding test results
• Referring the patient to the wrong specialist
• Failure to acknowledge your complete medical history
• Not listening or understanding your symptoms fully

A successful claim for a misdiagnosis will need to prove that the standard of care you received fell below the reasonably expected acceptable standards and that the healthcare professional was negligent, and this caused your injury or your condition to worsen.

What information do I need to provide to start a medical misdiagnosis claim?

While discussing your claim with our specialist solicitors, we will ask for information you can provide to support your case.

Don’t worry if you don’t have all of this information. Our experienced solicitors can collect this information on your behalf.

Such information may include, but isn’t limited to:

Your medical records

We will build a comprehensive file including all records of treatment you received, including, where applicable, x-rays and scans. Such documents are vital in proving negligence.

A statement from yourself

The more information you can provide, the better we can advise you of your rights and build the most compelling case on your behalf. Typically, such information includes a timeline of your medical appointments, your experiences, and the impact the care you received has had.

Photographs – in claims where photographic evidence is helpful when proving when the injury occurred.

How long does a medical misdiagnosis claim take?

Medical misdiagnosis claims can be highly complex and typically may take up to 18 months or more to settle. While there is no defined time frame for such cases, it is usual that more complex claims will take longer due to the additional factors involved.

When you speak with our specialist medical negligence solicitors, we can advise you on how long your claim may take and what the process of making a claim will involve.

How much will it cost to claim compensation for a medical misdiagnosis?

Our medical negligence claims are provided on a no win no fee basis.

This means you are protected from paying a fee if your claim is unsuccessful.

For successful claims, a percentage of your compensation is typically paid to your solicitor for their legal services. We will explain the exact nature of the fees that may be charged once you contact us to discuss your claim.

Can I make a medical misdiagnosis claim on behalf of someone else?

Yes, you are able to make a claim on behalf of someone else. This usually is possible in two instances:

Claiming on behalf of a child

Children cannot legally claim themselves until they reach 18. Commonly known as a “litigation friend,” a parent or legal guardian can claim on their behalf. As a litigation friend, the person has a legal duty to act in the best interests of the person for whom they are claiming.

Claiming on behalf of someone with diminished mental capacity.

If the person who has been a victim of medical negligence may not have the mental capacity to claim themselves, a legally designated person may be able to claim on their behalf.

Why choose Wolferstans to start your medical misdiagnosis claim?

Our team of dedicated, specialist medical negligence solicitors have decades of experience helping clients to claim compensation under even the most challenging circumstances.

With a proven track record of successful claims, often achieved without needing you to attend court, we can make claiming medical negligence compensation as simple and effective as possible.

Wolferstans is Lexcel accredited, reflecting the excellence of our practice management and client care. We are also accredited by the Law Society for Clinical Negligence in recognition of the particular strength of our work in this area.

Our team includes members of a wide range of organisations related to their specific expertise in the area of medical negligence, including:

Headway – the brain injury association
The Spinal Injuries Association
The Brain Injury Group
APIL (Association of Personal Injury Lawyers)
AvMA (Association Against Medical Accidents)

Specific team members have been accredited by the Law Society, AvMA, and APIL as Clinical Negligence Specialists and by APIL as Brain Injury Specialists.