Can I Claim Compensation for
Delayed Diagnosis & Treatment?

Essential points when claiming for delayed care negligence

• Compensation can be claimed if a healthcare professional’s delay in treatment caused you harm.
• Delayed diagnosis, postponed surgeries, and delayed emergency care are common grounds for claims.
• You can make a claim within 3 years of your injury date.
• You're eligible to claim under a no win, no fee agreement.
• Compensation amounts depend on the seriousness of your injury, and your costs and losses. Check your compensation with our compensation calculator.

If delayed care negligence has set you back, we'll help you move forward

Claims for delayed care often include compensation for worsened conditions due to untimely medical procedures.

If your life, or the life of a loved one, has been affected by delayed care negligence, we can help. If your injuries were caused by the negligence of a doctor, nurse, midwife or other medical professional, you may be entitled to claim compensation.

See also:

Medical negligence claims

You can make a No Win, No Fee compensation claim with the help and support of a specialist clinical negligence solicitor.

With over 13,000 clinical negligence claims a year, you're not alone

Time plays a critical role in diagnosing and treating illnesses, and early medical intervention typically leads to better outcomes. If a doctor or healthcare provider fails to provide prompt care, it could lead to a claim for medical negligence.

13,511 new clinical negligence claims were referred to NHS Resolution in 2022/23 (resolution.nhs.uk).

If you did not receive the care you needed promptly, and you were harmed as a result of the delay, you may be eligible to claim compensation.

Examples of delayed care negligence

Delayed care negligence can potentially apply in a wide range of circumstances, including:

• A delay in correctly diagnosing an illness or injury
• A delay in administering medication
• A delay in carrying out surgery
• A delay in providing or recommending physiotherapy, occupational therapy or other rehabilitative care
• A delay in providing personal care, such that the patient develops an infection in hospital or pressure sores
• A delay in providing suitable care following discharge from hospital.

See also:

Pressure sore compensation claim

How much compensation can I claim for delayed care negligence?

The compensation you can claim for delayed care negligence will depend on:

• the extent of your injury,
• how your injury influences your daily activities and work abilities,
• any financial burdens or costs arising from your injury.

General damages are awarded for pain, suffering and loss of amenity (PSLA). Awards for general damages are set by the Judicial College (judiciary.uk) and published in their guidelines for personal injury awards.

Special damages is compensation for quantifiable financial losses you've incurred as a result of your injury. Compensation can include loss of earnings, damage to clothing or training equipment, and any additional expenses directly related to your injury.

These damages will also cover any medical or treatment bills, such as corrective treatment and psychological support.

Read more:

A complete list of recoverable losses in a personal injury claim

How is compensation calculated if I have multiple injuries?

Am I eligible for delayed care negligence compensation?

Yes, you are entitled to make an injury claim for delayed care negligence, if:

• you were made ill within the last 3 years, and;
• someone else was responsible, and;
• they owed a duty of care to prevent harm.

Find out online if you can claim with our injury claim calculator. Or you can call 0800 376 1001 to speak to a specialist advisor. Find out in minutes if you have a claim.

How long do I have to make a delayed care negligence claim?

You usually have 3 years to make a delayed care negligence claim, from the date you learned you were harmed by the substandard care (the date of knowledge).

For an injured child, the three-year limitation period begins on their 18th birthday, giving them until they are 21 to start a medical negligence claim.

Who is responsible for the delayed care?

The broad definition of delayed care negligence means that a number of parties could be legally responsible.

For example, if the delay in care is caused by a delay in diagnosis, then a claim might be made against the negligent GP who failed to refer the patient for tests, or it might be based on the negligence of the NHS specialist who failed to identify the patient's condition.

Where nursing home staff have delayed in administering medication, the claim will be brought against the owner of the nursing home or the relevant NHS Trust.

What are the consequences of delayed care?

If treatment is delayed for any reason, the patient may experience pain, complications and health issues that become more serious than first anticipated.

Some of the specific consequences of delayed care include:

• The illness or condition spreading to another part of the
• A significant deterioration in general health
• Having to undergo a more invasive procedure than might otherwise have been the case if treatment had been delivered on time
• Developing a more serious illness, injury or condition
• The illness becoming untreatable or terminal

Making a claim for delayed care negligence

To make a successful claim, the claimant's solicitor must prove:

• That the doctor or healthcare provider owed a duty to take care of the claimant
• The health care staff breached that duty when they delayed in providing care; and
• The claimant suffered further or worsened injury or illness as a result of the delay

Where it can be established that the care fell below expected standards, and the patient suffered harm as a result, a claim may be made in clinical and medical negligence. Compensation typically will cover an amount for claimant's pain and suffering, as well as medical costs, loss of income and the costs of rehabilitative or palliative care.

Delayed care clinical negligence claims

Clinical negligence is the most common basis for delayed care negligence claims. Click the icon below for details on the claims process.

Medical negligence Other accidents

Author:
Chris Salmon, Director

About the author

Chris Salmon is a co-founder and Director of Quittance Injury Claims. Chris has played key roles in the shaping and scaling of a number of legal services brands and is a regular commentator in the legal press.