By Jo Anderson. Last Updated 12th December 2023. Welcome to our guide on private and NHS misdiagnosis claims, which answers the question of ‘how much compensation for misdiagnosis in the UK could I get?’. If you’re wondering how to go about making medical negligence claims for misdiagnosis compensation. this medical misdiagnosis claims page is for you.
It answers common questions people could ask about claims for misdiagnosis, whether you’re claiming compensation for misdiagnosis from a GP, misdiagnosis from a hospital, or another medical provider.
In this guide, we have compiled a large quantity of factual and relevant information to discuss medical negligence and specifically medical misdiagnosis claims.
We shall discuss the misdiagnosis compensation claims process, medical negligence, how much compensation for a medical negligence misdiagnosis claim you could receive, how much compensation for misdiagnosis of cancer, and how our team could assist you in suing for a misdiagnosis.
Medical Misdiagnosis Claims Explained
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- When Am I Eligible To Claim For A Medical Misdiagnosis?
- Which Types Of Misdiagnosis Claims Could I Make?
- What Examples Of A Misdiagnosis Are Most Common?
- Time Limits For A Medical Misdiagnosis Claim
- How To Prove A Claim For Misdiagnosis
- Compensation For Misdiagnosis – Use A Misdiagnosis Compensation Calculator
- How To Claim For A Misdiagnosis On A No Win No Fee Basis
All medical professionals owe their patients a duty of care. Per this duty, they must provide their patients with the correct standard of care. This includes taking your symptoms seriously, and assessing any medication you are currently taking before prescribing new ones.
To be eligible to make a medical negligence claim for a misdiagnosis, you would need to prove:
- A medical professional owed a duty of care to you.
- This duty of care was breached by them.
- Due to this breach, you suffered harm that could have been avoided.
There are various ways a medical misdiagnosis could occur. For example, if you visit your GP with a lump in your breast, and fail to send you for further testing, they may misdiagnose your breast cancer as swollen nymph nodes. This could cause the cancer to progress, and you may need more aggressive treatment.
It is important to note, that there may be some instances where you receive a misdiagnosis but a medical professional did not breach their duty of care. In this instance, you might not be able to make a claim for compensation.
One way to find out if you’d be eligible to claim misdiagnosis compensation is to call an advisor. They could check this for you, free of charge.
There are many different types of misdiagnosis claims, yet they can largely be categorised into three categories. These are as follows:
- Incorrect diagnosis – This is when the individual has been misdiagnosed with the incorrect illness. This could mean that the person ends up receiving the incorrect treatment, which could be even more harmful. Moreover, you could end up experiencing anxiety because you have been told that you have a serious illness when you do not. Whenever claiming, psychological injuries can also be claimed.
- Late diagnosis – We have handled many late or misdiagnosis compensation claims over the years. This could mean that your recovery time and survival chances are impacted and that you experience your health condition for a longer period than is necessary.
- Failure to diagnose – This is when a person’s condition has been completely missed altogether, and so they do not get any treatment. This often results in the condition deteriorating. In some cases, an individual can suffer an untimely death because they have been suffering from a condition, and they have been none the wiser, meaning they do not get the treatment they need.
Whether you suffered a commonly misdiagnosed injury or illness, if it led to delays in treatment, worsened your condition or caused you undue pain, we could help you start your claim for compensation.
Some examples of misdiagnoses that could lead to a misdiagnosis compensation claim could include:
- Cancer misdiagnosis – Doctors should evaluate the patient thoroughly if they have symptoms of cancer. If a doctor dismisses your symptoms and does not follow the accepted guidelines for referral, this could be considered negligent.
- Heart attack misdiagnosis – Women, for example, are at risk of being misdiagnosed as their symptoms can be confused with fatigue. Doctors should be aware of the difference in the presentation of heart attacks.
- Stroke misdiagnosis – Younger people, in particular, could be at risk of being misdiagnosed with migraine, vertigo or other associated conditions instead of a stroke.
- Broken bones misdiagnosis – Missed fractures could happen if a doctor does not take adequate care to examine you once you have shown signs of such an injury and they dismiss your symptoms as a sprain.
- Pulmonary embolism misdiagnosis – This can be a very dangerous condition and causes symptoms such as sharp chest pain and shortness of breath. It can be confused with other conditions, such as a heart attack or pneumonia. A failure to treat such a condition can be fatal in some cases.
However, you must remember that in order to be able to claim compensation for a misdiagnosis, you must have suffered harm that could have been avoided due to a healthcare professional breaching their duty of care.
To see whether you may have a valid medical negligence claim, you can contact one of our friendly advisors.
Those with strong grounds to claim compensation for a medical misdiagnosis should be aware that there is a time limit for starting proceedings. The Limitation Act 1980 sets out that you will have three years to start a medical misdiagnosis claim. Depending on the circumstances, this time limit may start from the date you suffered harm. Alternatively, the time limit may start from the date of knowledge. This is when you first connected the harm you experienced with negligence.
This time limit can work differently for certain cases. If, for instance, a child has been harmed by a medical misdiagnosis, then the time limit is put on hold until their 18th birthday. A claim could be made on the child’s behalf by a court-appointed litigation friend prior to this date. However, if a claim isn’t made before this date, they will have three years to begin the claiming process.
If the harmed party lacks the required mental capacity to make their own medical negligence claim, then the time limit is suspended. A litigation friend could make a claim on their behalf. If, however, the party harmed by a misdiagnosis later regains sufficient mental capacity, and a claim hasn’t already been made, then they will have three years to make a claim, starting from the date of their recovery.
Contact our advisors online or on the phone today for more advice about the time limit for your potential medical misdiagnosis claim.
All claims for misdiagnosis must be supported with sufficient evidence. This needs to prove that the harm you suffered was the direct result of a healthcare professional breaching their duty of care.
Some examples of evidence that could be helpful in a misdiagnosis claim can include:
- A copy of your medical records: These can illustrate the treatment you received and how it affected you.
- Witness contact information: For example, if you brought a friend or family member to the appointment with you, keeping their details means that a professional can take their statement at a later date.
- Test results: For example, if your test results were misread, these could be used as evidence in your claim. This could include blood tests, x-rays, and others.
Your claim may also be put to the Bolam test. In this case, a panel of experts in the relevant field will evaluate the actions of the professional who treated you, and judge whether or not they amount to negligence.
An advisor from our team can discuss what evidence you could submit if you are seeking compensation for misdiagnosis.
If you’ve experienced medical negligence and have been harmed as a result, you may have grounds to claim compensation for misdiagnosis.
Claims for misdiagnosis could comprise of both general damages and special damages. General damages will address the pain and suffering caused by your injury. Special damages will aims to help you recover financial losses due to your injury. Costs that can be claimed as special damages include:
- Travel costs
- Prescription costs
- Care costs
- Loss of earnings
- Future loss of income
Your compensation for misdiagnosis will depend on the severity and impact of your injury. The compensation guidelines amounts from the Judicial College Guidelines (JCG) may also be referred to while valuing claims.
The compensation amounts below are taken from the April 2022 edition of the JCG. You could use the compensation table as a misdiagnosis compensation calculator to calculate what your claim may be worth. However, the amounts shown are not guaranteed. Additionally, the first entry does not appear within the JCG.
|Multiple serious injuries or illnesses plus special damages
|Causing significant financial loss such as care costs and loss of income as well as serious pain and suffering.
|Up to £250,000+
|Permanent and serious damage or loss of both kidneys.
|£169,400 to £210,400
|One kidney is lost but the other takes no damage.
|£30,770 to £44,880
|The natural function of the bowels and urinary tract are completely lost.
|Up to £184,200
|Complete loss of natural function with the person depending on a colostomy depending on their age.
|Up to £150,110
|The urinary and bowel function is totally lost and there may be other medical complications.
|Up to £184,200
|A total loss of the control and function of the bladder.
|Up to £140,660
|Lung Disease (a)
|This causes a risk of the disease getting worse and causing a young person to suffer a premature death.
|£100,670 to £135,920
|Lung Disease (b)
|Impaired lung function and severe pain due to lung cancer, usually in an older person.
|£70,030 to £97,330
Do you want to make a claim for misdiagnosis compensation, and you’d like a legal professional’s help? If so, we could help. If it’s found you have a valid claim that has a chance of success, one of our No Win No Fee solicitors could help you make a misdiagnosis claim. They could offer their services under a Conditional Fee Agreement.
The terms of a CFA generally mean you won’t pay for their services if the claim fails. If your claim is a success, your solicitor can take a success fee from your compensation. The fee is taken as a percentage which is subject to a legal cap.
For more information on how a solicitor could help you make a claim for misdiagnosis on this basis, please get in touch on the number above.
No matter whether you want to seek further information on misdiagnosis NHS claims, how much compensation for the misdiagnosis of cancer, or what payout you will get, all you need to do is give us a call for free advice.
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Thank you for reading our guide on medical misdiagnosis claims.