Delayed care negligence claims

Updated: October 8, 2018

Introduction

Time is a valuable asset in identifying and treating illnesses. When care is offered at the earliest opportunity, patients typically stand a much better chance of making a full recovery than when care is delayed.

A doctor or other health care provider's failure to deliver timely care can result in a potential claim for medical negligence, although the likelihood of such a claim's success will be dependent on the facts of the case.

A patient who does not receive the care they need when they need it may be eligible to claim compensation if the delayed care causes further harm that they likely would not have experienced otherwise.

Doctor discharging patient
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Do I have a delayed care negligence claim?

If you were injured as the result of delayed care negligence in the last three years (longer if children were involved) and someone else was to blame, then we can help you make a compensation claim.

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Examples of negligently delayed care

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.
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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.

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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 body
  • 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
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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.

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No Win, No Fee delayed care compensation claims

No Win, No Fee agreements, also known as CFAs or "Conditional Fee Agreements", comprise the beginning of the vast majority of claims.

The agreement explains the service your lawyer delivers and a percentage success fee. This success fee will be the fee that will be taken from your compensation award once they win your claim.

You have peace of mind with the knowledge that there will be absolutely nothing to pay up front. You have no hidden fees when choosing a Quittance personal injury lawyer.

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How much compensation can I claim for delayed care negligence?

The amount of compensation you will receive depends on a number of factors. Our medical negligence compensation calculator provides an accurate estimate of your likely compensation.

Use our Online Compensation Calculator
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Meet the QLS team

The nationwide network of QLS solicitors carry out the legal work for all types of medical negligence claim, from relatively minor claims to serious, long-term injury. Our solicitors are selected on the basis of their professionalism and their track record in winning claims.

Click here to meet more of the Quittance Legal Services team.

 
Kevin Walker Serious Injury Panel Solicitor
 
Carol Cook Clinical Negligence Panel Solicitor
 
Lee Raynor Clinical Negligence Panel Solicitor

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If you have been injured and would like to talk to us about making a claim, contact us now for a no obligation discussion. Our expert medical negligence solicitors have a 90% success rate and are on hand to help you now.

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Case studies

Serious Injury Solicitor

£220,000 obtained for chronic pain after negligent surgery

A 24-year-old suffered paralysis and severe, ongoing pain after a routine operation.

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£35,000 awarded due to GP's cancer diagnosis delays

Over the course of 18 months, the claimant's doctor repeatedly failed to diagnose a carcinoma.

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