Misdiagnosis compensation claims
This article sets out what you need to know about making a successful misdiagnosis compensation claim.
In 2014, the NHS paid out £194 million in compensation to 1,302 patients or families for medical conditions that were either not identified or detected too late. Around one in ten of those payouts went to patients whose cancer had been misdiagnosed.
Misdiagnosis is the basis of one of the most common types of clinical and medical negligence compensation claim. Three categories of medical misdiagnosis are identified: total misdiagnosis, incorrect diagnosis and late diagnosis.
If you were injured as the result of a misdiagnosis 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.
Total or missed misdiagnosis occurs when a medical professional fails to identify the symptoms of a health condition or illness. Without crucial treatment, the condition may develop to a more advanced stage, impacting the patient's treatment, prognosis and recovery time.
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Incorrect diagnosis occurs when a medical professional wrongly diagnoses an illness or condition, which may cause the patient to undergo an unnecessary medical procedure. For example, a patient wrongly diagnosed with cancer may receive needless chemotherapy or have an organ or tissue removed.
Other problems may arise when patients are given the incorrect diagnosis. If their true condition is allowed to progress unchecked, the patient may require more invasive treatment when the condition is eventually uncovered. Some patients may also experience a severe psychological reaction to the mistaken belief that they have a serious illness.
Late diagnosis, also known as delayed diagnosis, occurs when opportunities for diagnosis are missed and the medical professional only realises the true nature of an illness or condition when it is at an advanced stage. Mistakes of this kind can increase the pain and discomfort of the patient, prolong the recovery period and in serious cases, reduce the patient's life expectancy.
Misdiagnosis occurs for a number of reasons, including:
- Healthcare professionals failing to adequately investigate the symptoms of serious illness
- Doctors failing to perform the correct tests
- GP negligence
- The GP having inadequate expertise with a particular type of healthcare condition
- Errors by junior medical staff due to a lack of supervision
- Misinterpretation of test results such as CT scans, MRI scans, X-rays, biopsies, smears and tissue samples.
Compensation awards are calculated by reference to the injuries that are sustained and the impact these injuries have had on a claimant's life, rather than the context or cause of the medical misdiagnosis.
For the purposes of a misdiagnosis claim, however, the reason for the misdiagnosis does matter. It must be shown that the misdiagnosis caused or exacerbated the patient's illness or condition, and that the misdiagnosis itself occurred as a result of the healthcare professional's act or negligence.
Any person who has experienced more pain and suffering than would have been caused by their illness if it had been treated correctly, as a result of a medical professional's misdiagnosis, may be eligible to claim compensation.
Precise time limits are place for making a misdiagnosis compensation claim. A claim must be made within three years of either the date the misdiagnosis occurred, or the date a link is discovered between the misdiagnosis and the patient's injuries or worsening health condition.
Some claimants may experience a significant delay between the time they first see their doctor and the time that the symptoms of the medical misdiagnosis begin to make themselves felt.
Claims are usually brought against a hospital or GP surgery.
For treatment and consultation carried out in an NHS hospital, the defendant is the relevant NHS Trust. In the case of a private consultant, the claim usually is brought against the consultant personally and his or her insurance company.
To successfully pursue a claim for medical misdiagnosis, the claimant's solicitor will need to establish breach of duty on the part of the healthcare professional, also known as negligence. Negligence occurs when the standard of care received was below the standard that could reasonably be expected of a competent medical professional in the same field.
The claimant's solicitor must also show that the treatment received (or lack of treatment) caused the claimant further injury, pain or suffering. This is known as causation.
While undesirable, not all misdiagnosis claims will result in a payment of compensation. For example, a Court may not award compensation to a patient who received a late diagnosis but whose condition did not get any worse in the intervening period. In this scenario, there is no evidence that an earlier diagnosis would have changed the treatment options or led to a better outcome.
Compensation awards vary from claimant to claimant depending on a wide-ranging set of circumstances and the severity of the injury they have sustained. Factors that may impact a misdiagnosis compensation award include:
- The nature of the ongoing illness
- The length of time the claimant's recovery time was prolonged
- The pain and suffering caused by the administration of improper medical treatment
- Changes to life expectancy
- The overall impact of the misdiagnosis on the claimant's quality of life.
Claimants may seek "general damages" compensation for the pain, suffering and disability the medical misdiagnosis has caused. "Special damages" may also be sought for financial expenses such as loss of earnings, medication and treatment costs, personal care costs and travel expenses to and from hospital. Read more about "How much compensation can I claim?"
Personal injury solicitors now work on a No Win, No Fee basis.
No Win, No Fee means that if your claim is not successful, you will not need to pay any legal fees.
If you do win your case, a success fee will be deducted from the compensation award and paid to your solicitor.
Meet the team
The national panel of QLS solicitors handle all types of clinical negligence claims, from short-term injury cases to long-term injuries. Selected on the basis of their track record in winning claims, our lawyers have years of experience.
About the author
Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.
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