Just How Much Can You Expect to Claim for Misdiagnosis?
By Brett Williams. Last updated 12th August 2021. This guide will tell you everything you need to know to successfully make a claim for medical misdiagnosis. It covers details of how misdiagnosis or malpractice can occur, and it also covers many of the more common conditions that are misdiagnosed. As we progress, we’ll provide advice on how much compensation for medical misdiagnosis might be paid.
It also contains all of the information you need to begin making a claim for medical misdiagnosis compensation, including:
- How is medical or clinical malpractice defined – what it is, and what the legal implications are.
- The different types of medical negligence – including GP, hospital and surgery malpractice.
- Medical conditions that are regularly misdiagnosed – we cover the most serious, yet commonly misdiagnosed illness and conditions people suffer from.
- Just how does misdiagnosis happen? – an overview of how events chain together and result in a case of medical negligence.
- What can you claim for due to medical negligence – we cover all the types of damages that a victim of misdiagnosis may be able to claim
- Who can claim for misdiagnosis and when – covering a number of situations that lead to a person needing to make a
- Clinical negligence claims amounts – basic details on how much you can expect to receive for claiming misdiagnosis compensation. Including a table of typical compensation amounts.
- How to make you misdiagnosis claim – covering the steps you can take to begin making your claim for clinical misdiagnosis. We also outline the No Win No Fee medical misdiagnosis claims service offered by us here at Accident Claims UK.
Accident Claims UK has a track record going back more than 30-years, of claiming significant amounts of compensation for medical negligence victims. We operate local teams of solicitors across the UK. We can arrange for local services, such as a medical examination and private medical opinion to support your case. We can also arrange for one of our legal team to visit your home to discuss your case face to face if you prefer. Call us today on 0800 073 8801 to begin your medical negligence compensation claim.
Select a Section:
- How is Misdiagnosis Defined?
- Examining the Three Types of Misdiagnosis
- Key Statistics About Misdiagnosis
- Which Medical Conditions are the Most Commonly Misdiagnosed?
- For What Reasons does Clinical Misdiagnosis Occur?
- At What Stage Can You Claim Misdiagnosis Compensation?
- Are There Limits on When You Can Claim Misdiagnosis Compensation?
- Who Does Accident Claims UK Claim Damages for Misdiagnosis From?
- What is Needed to Begin a Claim for Misdiagnosis?
- How is the Financial Aspect of a Compensation Claim for Misdiagnosis Evaluated?
- No Win No Fee Misdiagnosis Claims
- Contact Us
- Useful Links
How is Misdiagnosis Defined?
Have you had a wrong or delayed diagnosis? Misdiagnosis falls under the general heading of medical negligence or malpractice. Misdiagnosis occurs when a doctor or other healthcare specialist, who is responsible for accurately diagnosing your medical condition, makes a mistake and either diagnoses you with a completely different illness or vastly underestimates the seriousness of the correct medical condition.
Every medical professional has what is called a duty of care, towards their patients. If the medical professional does something that harms a patient, they will be deemed to have failed in this duty of care in a negligent manner, and cases of misdiagnosis are included in this.
If this sounds like something that has happened to you, then Accident Claims UK is your best bet for making misdiagnosis claims. If we can prove that your doctor or another member of the medical team treating you has failed in their duty of care towards you, then we will likely have a valid route to making a compensation claim for you. Call us at the number at the bottom of this page to begin your claim today.
Examining the Three Types of Misdiagnosis
Before making misdiagnosis claims, especially complex claims such as successfully winning NHS misdiagnosis compensation, the severity of the mistake needs to be discerned. Misdiagnosis can happen in many ways, and due to an even greater number of reasons. However, every case of clinical misdiagnosis will fit into one of the three types explained below:
- Late of delayed diagnosis – in thee cases, your medical team will have not diagnosed your illness as quickly as they should have. For some patients, this is a life-threatening event. For example, a patient with advanced cancer needs rapid treatment to ensure they have the best chance of survival. A delayed diagnosis will also lead to a delay in providing the much-needed medical treatment.
- A missed or total misdiagnosis – in these cases, a medical professional has entirely missed the onset of a medical condition, by misreading or not seeing the symptoms. Therefore, the medical condition will go untreated, and the medical condition will become worse, causing harm to the patient.
- Mistaken or wrongful diagnosis – in these cases, the medical professional will read the symptoms of a medical condition wrongly, diagnosing it as something completely different. In this situation, the real medical condition will go untreated, and potentially become much worse. The patient will also be subjected to the treatment for the wrong illness, which could be harmful.
Every potential case of medical misdiagnosis will fit somewhere into these three categories. However, it is possible that in some cases, the misdiagnosis will be a composite of two of these categories. For example, it could be both a wrongful diagnosis and a delayed diagnosis.
If we refer to the graph, we can see that the most common way that medical misdiagnosis cases affects patients, thus leading to medical claims, is actual errors in the process of diagnosis.
Yet it is interesting to see that failures on the part of the general medical staff, rather than actual doctors or specialists, can also lead to a misdiagnosis case. For example, failure to monitor a patient’s condition, and failure to recognise a complication setting in, is clearly the responsibility of the nursing staff.
Cases of medical misdiagnosis are common. One independent study undertaking in 2015 seems to show that 1 in 6 patients that are handled by the NHS are wrongly diagnosed. However, most of these cases of misdiagnosis were corrected within a 48-hour time window and caused little or no harm to the patient. Of all of the complaints that the NHS receives every year, 1 in 10 of them is made by patients who believe that their medical condition has been diagnosed incorrectly.
As can be seen from all of the facts above, misdiagnosis, especially within the NHS, is a far more common occurrence than most people would guess.
No matter how your particular case of clinical misdiagnosis occurred, Accident Claims UK can help you get the most compensation possible, just give us a call on the number at the bottom of this page to begin your claim.
Which Medical Conditions are the Most Commonly Misdiagnosed?
When we look at the most common illnesses that are the subject of misdiagnosis NHS statistics show some interesting things. By examining the raw data, converting different medical conditions that NHS medical professionals misdiagnose, we find the following illnesses and conditions the most common ones that are diagnosed wrongly:
- Fractures – breaks and fractures are misdiagnosed twice as frequently as any other medical condition.
- Cancer – unsurprisingly, cancer sits at number two. One of the most common types of cases we take on is claiming compensation for the misdiagnosis of cancer.
- Tendon injuries – as these types of injuries share many common symptoms with others such as hairline fractures, they are often misdiagnosed.
- Bowel conditions – the human digestive system is very complex, and diagnosing bowel conditions can be difficult, this results in an elevated level of cases of misdiagnosis in this type of medical condition.
- Bladder conditions – similarly to the digestive system, the complexity of the human body in expelling waste products, makes cases of misdiagnosis relating to bladder related illnesses more common.
Whatever medical condition you are suffering, and whatever the reason for the misdiagnosis, Accident Claims Service can help you claim the compensation you are eligible too. Just call us on the number at the bottom of this page to start your claim.
For What Reasons does Clinical Misdiagnosis Occur?
There are many reasons why people need to make a medical misdiagnosis compensation claim. The typical reasons why clinical misdiagnosis occurs are:
- Lack of diligence – on the part of the doctor or specialist examining the patient. This lack of diligence results in the diagnosis being incorrect, as symptoms are overlooked or misread.
- Mistakes – on the part of the doctor or specialist examining the patient. In this case, the doctor mistakes the symptoms of one medical condition, for those of another.
- Misreading results – such as x-rays, blood test, tissue samples, etc. When the results of medical tests are misread, this can lead directly to a misdiagnosis.
- Insufficient training – by allowing a patient to be examined by a member of the medical staff, such as a junior doctor or intern, without the proper training and experience, can lead to a misdiagnosis.
At What Stage Can You Claim Misdiagnosis Compensation?
Before making medical misdiagnosis claims on behalf of our clients, we need to ensure that the victim is actually able to make a claim and has a viable reason to do so.
As a rule of thumbs, you will be ready to claim compensation for medical negligence, once it has been proven that the misdiagnosis itself has caused harm to you in some way. This will either be due to an existing medical condition going untreated, or the harmful effects of receiving the wrong treatment. Call Accident Claims UK on the number at the bottom of this page to find out if we think we can claim misdiagnosis compensation for you in your case.
Are There Limits on When You Can Claim Misdiagnosis Compensation?
In general, there is a 3-year time limit on making compensation claims for medical negligence, starting from the time the incident of misdiagnosis occurred.
In certain circumstances, this time limit can be extended, however, this happens very infrequently. If you have been the victim of clinical misdiagnosis, it is crucial that you contact us at Accident Claims UK as soon as possible, so that your claim is made well within this time limit. You can contact us at the number down at the bottom of this page.
Who Does Accident Claims UK Claim Damages for Misdiagnosis From?
All claims for medical misdiagnosis need to be made against the agency that the medical professional who made the misdiagnosis is employed by. So, this could mean that we have to take on large, powerful organisations such as the NHS and private healthcare providers.
In some cases, your claim might be against your GP, and we will need to claim damages from the NHS trust that operates your local surgery.
If you feel there is any ambiguity in just which organisation you need to claim compensation for misdiagnosis against, contact us on the number at the end of the page and we can help you answer this question.
What is Needed to Begin a Claim for Misdiagnosis?
You would need to be able to prove that the misdiagnosis has lead to a worsening of your medical condition, or the contracting of one or more additional ones. This will likely require a local medical examination, the results of which will be an impartial medical opinion, and we can use this to support your claim.
This medical opinion needs to prove that you have been suffering from pain, mental anguish, loss of mobility, etc. And it needs to prove emphatically that the misdiagnosis is the cause.
If this can be proven, then the medical professional that made the misdiagnosis will be deemed to have failed in their duty of care towards you, the patient. This will mean we can likely help you to claim compensation for the misdiagnosis and the effect it has had on your life. Call us at the number at the bottom of this page to learn more, and to begin your claim.
How is the Financial Aspect of a Compensation Claim for Misdiagnosis Evaluated?
When we consider misdiagnosis compensation amounts, there are a very large number factors which will drive the total amount of damages paid. In order to calculate how much compensation for misdiagnosis, the following needs to be taken into consideration:
- Pain and suffering – if the misdiagnosis has caused you physical harm, and this also includes mental anguish.
- Loss of earnings – if you have had to miss work due to the effects of misdiagnosis on your health, it would be possible to claim back any financial loss.
- Loss of future prospects and earnings – if due to the misdiagnosis, your future work situation is negatively affected.
- Out of pocket expenses – such as public transport costs to visit the hospital, as well as anything pertaining to making the claim itself.
- Special damages – for anything that falls outside of the general damages category. This can cover many things, for example, having to cancel a holiday that had already been paid for, or missing an event such as the wedding of a child. Compensation should be available to make up for this.
- Medical costs – if you have had to pay any medical costs due to your misdiagnosis, then you can claim these back as compensation.
You could an online misdiagnosis compensation calculator to get a rough idea of how much you can claim. For a much more accurate estimate of how much you could claim for medical misdiagnosis, call Accident Claims UK on the number at the bottom of this page.
No Win No Fee Misdiagnosis Claims
Accident Claims UK offers our national personal injury claims service as the simplest, most effective and financially risk-free way to make a compensation claim for medical negligence. Either against an NHS trust, or a private healthcare provider.
By financially risk-free, we mean that we offer most of our clients our No Win No Fee medical negligence claims service. Under this No Win No Fee agreement, we won’t charge you anything at all to begin the claims process. Furthermore, as we process your claim, no matter how long it might take, we won’t charge you any ongoing fees. If for some unlikely reason we actually don’t manage to make a successful claim on your behalf, then you don’t pay anything at all. However, if we do win your misdiagnosis claim for your, then we will ask you to pay our legal fees when you receive your compensation payment. Call us today for a fuller explanation of how out claims service works, and to begin your claim.
The role a solicitor can play in medical misdiagnosis claims
When making a claim for misdiagnosis, you’ll need to prove how a medical professional was negligent and misdiagnosed your condition and how you have suffered as a result. That’s not as easy as it sounds and you’ll need a fair bit of complex medical evidence to support your claim. If you can’t prove what happened, you could miss out on all or some of the compensation you might be entitled to.
However, if you take on a specialist medical negligence solicitor, you may find the process a lot easier. With legal representation, you could improve your chances of winning your claim and you might even get an increased settlement.
A medical negligence solicitor will use their experience and legal training to try and ensure there is ample evidence to support your claim. They’ll also make sure your injury or illness is assessed by an independent specialist to help demonstrate the extent of your suffering. Importantly, the solicitor will prevent you from being asked tricky questions by NHS Resolution or an insurance firm by handling all communication for you. This means you’ll find the claims process less stressful. You will, however, be kept up to date with how things are progressing and be able to contact your solicitor if you have any questions.
How much compensation for medical misdiagnosis will be determined by the severity of your suffering but your solicitor will do all they can to ensure there is no doubt about how you’ve suffered so that you receive the maximum level of compensation possible.
If you believe that you are in a position to claim compensation for medical negligence and that you now need legal representation to do so, then you should call Accident Claims UK on 0800 073 8801 today. We will spend a little time asking your questions about your case, and once we have all of the information we need we will give you some free legal advice on what we think you should do next. For most people, we will recommend that they use the national No Win No Fee medical negligence claims service we operate. This is a risk-free and easy way to make a claim.
When you first call us, we need to learn about all the events that lead up to you being wrongly diagnosed. Once we have all of the key facts of your case, then we can advise you on what we think you need to do next.
We will probably offer to take on your claim for you, and if we do, we will do all that we can to claim the most compensation possible for you, without doing anything at all that could put a successful outcome at risk.
We will always keep you up to date with what we are doing regarding your claim, and we will explain this in simple terms, not complicated legal jargon. If you have any questions at all, we will do our best to answer them as fully as possible.
The link below contains plenty of very useful information for patients who have been the victim of medical negligence, including misdiagnosis. It has been published by the Citizens Advice Bureau.
At the link below, you will find information and instructions published by NHS Choices, on how to get a second opinion if you disagree with a diagnosis your doctor has made.
The results of a UK Parliament study into the cost of medical negligence in the UK National Health Service (NHS) is published at the link below. This is of interest to people who have been misdiagnosed, as it shows just how frequent these kinds of mistakes are.
Thanks for reading our guide about how much compensation for medical misdiagnosis might be paid.