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Medical misdiagnosis claims
Misdiagnosis can lead to a medical negligence claim. If your illness or injury worsened after a medical diagnosis, LPS’s specialist legal experts can help get the compensation you deserve.
What is a medical misdiagnosis claim?
In the majority of circumstances, when a patient is having their symptoms investigated, they’ll be given a correct diagnosis and correct treatment for that diagnosis. However, when the diagnosis given is incorrect or missed altogether , it can cause pain and suffering and can sometimes be life-threatening. If you’ve been misdiagnosed and this has caused you harm, you may be entitled to compensation.
Do I know if I have a medical misdiagnosis claim?
If you have been given a misdiagnosis which has caused you harm, you may be able to claim compensation for medical negligence. The most common types of medical misdiagnosis are:
- Where you’ve been given a misdiagnosis for something much less serious and you’ve therefore had a delay in treatment
- Where you’ve been given a diagnosis which is incorrect and have been given unnecessary treatment
- Where you’ve been given a diagnosis which is incorrect and have been given unnecessary surgery
- Where you’ve been given a diagnosis that’s caused you a severe psychological reaction, such as if you’ve been told you’re terminally ill
- Where you’ve not been diagnosed at all
If you’ve suffered harm as a result of a misdiagnosis, you may be entitled to claim medical negligence compensation funded by a No Win No Fee agreement.
What to do now?
We suggest that you contact our expert team for a free no-obligation consultation. There is nothing to lose! If you are busy, you can click here to arrange a callback time or alternatively, you can call 08009961807 and ask to speak to our family department experts.
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Medical misdiagnosis claims
What mistakes can lead to a medical misdiagnosis?
There are a number of mistakes that can lead to a medical misdiagnosis, from not undertaking the appropriate tests to misinterpreting test results. If you believe a mistake lead to a medical misdiagnosis that has caused you harm, contact our medical negligence specialists today who will provide you with expert advice on whether or not you have a claim for compensation.
The vast majority of our medical negligence cases are conducted on a No Win No Fee basis, meaning there’s no financial risk to you.
How do I manage financially before a case has settled?
Interim payments are payments which are made before your case reaches a final conclusion. They can be extremely useful for those who’ve experienced a medical misdiagnosis as they can pay for private medical treatments, rehabilitation support and equipment, as well as providing financial support if you’ve suffered a loss of earnings.
How much can I claim for medical misdiagnosis negligence?
Every case of medical misdiagnosis is different, and the final amount of compensation awarded will be based on the severity of the injury and the affect the injury has had on your life. Additionally, you’ll also be able to claim for any lost earnings, any long-term care, rehabilitation and any necessary house adaptations to maximise the chance of recovery and independent living.
We’ll also ensure that any compensation claim includes the cost of everything necessary to provide you with the best quality of life possible in the future, such as future care costs, future treatment and future loss of earnings.
How much time do I have to claim?
If you believe you have a claim, it’s important that you seek advice from a lawyer who specialises in medical negligence cases as soon as possible, as there are time limits in place in England, Scotland and Wales. Generally, a claim should be made within three years from the date the negligence occurred or the date you were first aware that you had suffered a significant injury or illness due to negligence.
Why choose LPS?
We have many years’ experience securing compensation for those who’ve suffered as a result of a misdiagnosis caused by medical negligence and will handle your case with the utmost sensitivity and with great care.
As well as lawyers who are experts in the field of medical negligence, we also have trained nurses and midwives on our team. We offer home and hospital visits and provide immediate representation and rehabilitation support.
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Nadia HussainFrequently Asked Questions (FAQs)
Medical negligence – What is it?
Medical negligence is a rare occurrence. But when it happens to you, the effects can be devastating.
Although most healthcare patients will be treated effectively, a small minority end up suffering from clinical negligence. This is when a medical professional makes an avoidable mistake, causing you harm in the form of an injury or illness or a worsening medical condition.
Medical negligence also refers to times when a medical professional or organisation fails in their duty of care, causing you injury or harm. This can include:
- Failure to diagnose a condition
- Failure to warn you of the risks of a procedure or treatment
- Failure to prevent an infection being acquired while under their care
If you’ve suffered an injury or had an existing health condition made worse after clinical treatment, you may have suffered from medical negligence. That means you may be able to make a claim for compensation with the help of our medical negligence solicitors.
How do I fund a medical negligence claim?
But in many cases, you don’t need to worry. Solicitors now typically offer a No Win No Fee arrangement – otherwise known as conditional fee agreements – for clinical negligence cases. This was introduced to enable patients who had suffered from malpractice to get the help they needed to recover without facing the stress of funding it all at the start.
A No Win No Fee agreement will allow you to focus on your recovery and putting together the strongest case possible, instead of the potential impact it would have on your finances.
Why should I make a medical negligence claim?
It is not just your physical health that takes a knock when you suffer from medical negligence. You may find that your mental health suffers too. After all, you were harmed by a person or organisation that was there to help treat your initial condition. This breach of trust can have lasting consequences. Getting justice in the form of the compensation you need to help you recover is one way of addressing them.
You may be worried that making a claim will take funding away from the NHS – particularly at a time when it needs it most. But that won’t be the case. The NHS has legal protection in the form of indemnities to cover any potential claims. NHS Resolution is an organisation that focuses on resolving claims in England, meaning that you won’t have to claim directly against the NHS itself.
Another important reason to make a medical negligence claim is that by doing so, you highlight the problem that caused you harm. This allows the hospital or surgery or clinician to address what went wrong and prevent it happening again to someone else.
How long will a med neg claim take?
If the medical organisation responsible for your injury admits liability, your claim will be settled quicker than if they don’t. If liability is denied, you may end up going to court. And although this is rare, it will extend the claims process.
Your solicitor will be able to advise you on how long you can expect your claim to take. They will keep you informed when there are any updates.
How much can I claim in compensation?
The amount that you’ll be awarded will be split into two categories: general damages and special damages.
General damages are awarded to cover the pain and suffering you’ve experienced as a result of your clinician’s negligence. These damages are intended to compensate for any lifestyle changes you have had to make. This includes not being able to take part in your usual hobbies or sports.
Special damages cover any financial impact you’ve suffered because of an instance of medical negligence. This includes any loss of earnings if you’ve been unable to work or any money you’ve had to spend as part of your recovery from the negligent act, such as mobility aids.
Compensation for medical negligence can help you get back in the position you were in before it ever happened. Your health and your future are the most important things.
Get in Touch today and let us know how we can help you 08009961807