Medical misdiagnosis claim
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Our specialist solicitors offer support with medical misdiagnosis claims.
Often, prompt treatment means less time spent in pain and a brighter prognosis. Delayed diagnosis may mean more intensive treatment and a less positive outcome.
We know misdiagnosis can have tragic consequences. We’re here to support families to make a claim when they have suffered in this way.
Pursuing a claim is sometimes a way to get answers to what went wrong. It can help prevent the same mistakes from happening again. It can also lead to compensation, which can be a lifeline to support enhanced treatment, rehabilitation and offset the impact of a loss of earnings.
If you think you may have a claim, get in touch. We’ll listen and support you to decide what to do next.
Who can get misdiagnosis compensation?
Misdiagnosis compensation is due if:
- negligence delayed diagnosis or caused misdiagnosis, and
- delay in diagnosis or misdiagnosis led to harm.
To qualify for compensation, it is not enough to prove that misdiagnosis happened.
It needs to be the case that a responsible professional, following correct procedures, should not have made the error. In addition, the misdiagnosis must have itself led to harm. That could be:
- a delay in treatment that meant the condition got worse
- delayed treatment that resulted in a fatality or reduced life expectancy
- more intensive treatment being necessary
- incorrect treatment being administered and causing harm
- unnecessary surgery
- psychological harm due to misdiagnosis, such as incorrectly being told you are terminally ill.
An individual can pursue misdiagnosis compensation for themselves. Parents may be able to pursue compensation for a child.
When someone has died or lacks mental capacity (the ability to make decisions for themselves), loved ones or their estate may be able to pursue compensation.
We have specialists who deal with:
Common cases of misdiagnosis
Areas where valid compensation claims are commonly made for misdiagnosis, include:
- melanoma (skin cancer) being missed
- lung cancer being missed on x-rays
- mammograms or biopsies being misinterpreted leading to breast cancer being missed
- further damage being done due to fractures being missed on x-rays
- failures to act on brain scans that show bleeding, resulting in a stroke
- wrong interpretation of cervical smears leading to cervical cancer
- GPs failing to refer for specialist investigation.
WE BOUGHT A CLAIM FOR DAWN AND NEGOTIATED DAMAGES FOR HER OF £33,500.
NHS misdiagnosis compensation after hip problem not properly treated
We secured £33,500 to help a little girl whose hip problems were not properly diagnosed and treated.
A problem with Dawn’s* hip was spotted soon after her birth and a radiologist recommended she have an ultrasound at six to eight weeks old, but the scan was never done.
A consultant paediatrician failed to mention the recommendation or to carry out the scan.
When Dawn was not quite a year old it was discovered that her left leg was five centimetres longer than the right. Had the recommended scan been done, treatment would have been straightforward and Dawn’s legs would have been normal.
Instead, she has had to undergo surgery and been left with scars.
£60,000 for misdiagnosis of lung cancer
We supported Mary* when she suffered severe mental harm due to living with the belief that she had terminal lung cancer for five years.
Mary’s hospital wrote to her out-of-the-blue to tell her, she did not have cancer but was instead suffering from bronchiectasis.
By then, Mary was no longer the happy, positive woman she once was and had withdrawn from her husband, friends and family due to her belief she had cancer.
Initially, the hospital denied any wrongdoing, but our experts showed that CT scans were incorrectly interpreted and required sampling and biopsies were not completed.
We secured an apology from the hospital and damages to help Mary put her life back together.
Seven figure sum after delay in diagnosis of knee tendon rupture
We worked with Mr Grant* after he suffered a delay in diagnosis of bilateral patellar tendon ruptures and issues due to substandard surgery to fix them.
Mr Grant told us that numerous solicitors had said they were not able to help him before he found Enable Law.
What Mr Grant had been through left him unable to enjoy long walks as he once did or to look after his garden unaided. He also struggled in his house due to the stairs.
Following the presentation of expert evidence, the medical trust responsible accepted liability.
The damages secured allowed Mr Grant to seek alternative accommodation. We also secured the right for him to seek further compensation if the negligence he suffered leads to further needs in the future, such as due him needing to use a wheelchair indoors.
*names have been changed.
How much compensation is payable for misdiagnosis?
There is not a standard compensation amount for misdiagnosis. Instead, the amount of compensation is based on what harm was caused due to misdiagnosis.
Compensation payments are broken down into general damages and special damages.
General damages are intended to compensate for pain and suffering. The amount of general damages payable is based on judicial college guidelines.
There are guideline amounts for everything from an amputation (below knee amputation of a leg – £91,950 to £124,800) to loss of fertility (female infertility with associated depression – £107,810 to £158,970).
There are also guideline amounts for loss of senses, internal organ damage and unnecessary performance of certain intrusive medical procedures (such as laparotomy).
Special damages are paid in addition to general damages. They are designed to compensate for specific costs and loss of earnings that have already or may be incurred by an individual in the future due to misdiagnosis.
If misdiagnosis led to the need for any of the following, compensation could cover costs of:
- house adaptations
- loss of earnings
- specialist equipment.
Compensation for misdiagnosis may reach tens or hundreds of thousands of pounds. Damages may reach millions of pounds in severe cases, especially where lifelong needs result, such as in the case of brain injury or severe disability.
Have I suffered medical misdiagnosis?
If you or a loved one has suffered misdiagnosis you may be informed by a medical professional. You may also find out due to investigations after their death.
Otherwise, you may just have a suspicion that things have gone wrong.
Perhaps you saw your GP or a specialist with the same symptoms more than once before getting a diagnosis. Perhaps your symptoms got worse and then a diagnosis changed or was finally made.
If you have been informed of misdiagnosis or investigations have shown it, you can likely claim compensation.
If you suspect you have suffered misdiagnosis, you have a right to seek explanation.
A solicitor can help you to pursue answers and to ensure you get the full story. It can be difficult to get confirmation of misdiagnosis without support in your inquiry.
Whatever stage you are at in your complaint or query, we can offer advice. Even if you have begun working with another solicitor but do not feel you are making progress, feel free to give us a call. Please do get in touch for guidance.
Why choose Enable Law?
Enable Law has one of the leading specialist medical negligence, personal injury and mental capacity teams in the UK.
Friendly and approachable, straightforward and constructive in our advice, our clients can rely on us in good times and bad. We aim to be caring and supportive in the service we provide to you.
We have extensive experience in a wide range of claims against both the NHS and private health providers. We have members on both the Law Society and AvMA (Action against Medical Accidents) specialist clinical negligence panels.
We have good working relationships with a number of local NHS Trusts which means that some disputes can be resolved quickly and sensitively.
“The firm is excellent and has a very progressive approach. Its service cannot be faulted.” Chambers UK.
“Their knowledge of the particular topics is excellent, and they balance a professional approach with kindness and compassion to clients who may have had very painful and traumatic experiences.” Chambers UK
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Speak to an expert Medical Misdiagnosis Lawyer Now
We have considerable experience in managing medical negligence claims for delayed diagnosis or misdiagnosis. As a result, we can offer you the best advice on whether or not you have a potential claim and then help you in investigating the extent of your injury.0800 044 8488