Medical misdiagnosis is one of the biggest reasons for medical negligence compensation claims.
If you think you have suffered a misdiagnosis there are a number of steps you can take: Firstly, you can speak to the medical professional who treated you to get an understanding of why the decision was reached. If you disagree with their reasoning, you can ask them for a second opinion - although they are not obliged to do so. You can also make a complaint direct to the NHS if your misdiagnosis occurred under their care. Other care providers should have their own complaints process you can follow. If you’d like to make a legal claim with an experienced solicitor to guide you through the legal process, then Patient Claim Line can help.
To succeed in a misdiagnosis claim you will need to be able to evidence that your care provider was at fault. This evidence may come from your medical records or you may need the opinion of an independent expert to support the allegations. If you decide to make a claim our solicitors will guide you through this evidence gathering process. We can also help you to make the initial decision about bringing a claim, as we understand that you may be unsure whether your experience counts as a misdiagnosis. Whilst there are some unmistakable instances which highlight a breach of your medical professional’s duty of care, not every case is clear cut. Common examples of cases include where your doctor delayed correctly diagnosing your condition, or you were given unsuitable medicine. One of the most common examples of this is with cancer misdiagnosis, as the symptoms can closely mimic the symptoms of other diseases. A misdiagnosis in this scenario can not only be detrimental to your health, but have lasting repercussions for loved ones too.
If you have been misdiagnosed while receiving treatment through the NHS, then you may be able to make a claim for compensation. The claim will initially be brought against the hospital trust or GP surgery where this occurred but from then on will be handled by NHS Resolution or another indemnifier. If your consultation was carried out in a private clinic or hospital, your claim may need to be brought against the medical practitioner who treated you or the organisation responsible for running the clinic or hospital. It will usually be dealt with by their insurance company.
If you’re looking to make a medical misdiagnosis claim, the amount of compensation you could be entitled to will vary depending on the circumstances. As well as proving that the medical practitioner breached their duty of care to you, you will need evidence to prove the injury and harm this has caused you. Each claim is considered on its own merits but the level of damages is usually guided by the impact and severity of your pain and suffering, measured with the Court guidelines and case law. In addition to this, any past or future losses or expenses or loss of income may also be recoverable. At Patient Claim Line, we have an expert team of medical misdiagnosis solicitors who can help to make the claims process simple. We’ll handle the entire process from start to finish, ensuring you get the compensation you deserve.
