We've got your Delayed Diagnosis Claim covered
- No win No fee
- Not just lawyers - real specialists
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- UK's highest-rated medical negligence solicitors
The significant backlog in the NHS, across all NHS trusts, has led to an increased demand for services. This has, unfortunately, led to a delay in the diagnosis of many serious illnesses like cancer. Being diagnosed with a serious illness is devastating for you and your family. Knowing that if that diagnosis were made sooner, things might have been different makes it even more distressing. As specialist medical negligence solicitors, we can help you make a claim for delayed diagnosis compensation
Making a delayed diagnosis claim
If you, or a loved one, have been affected by a delayed diagnosis, our team of specialist medical negligence solicitors can help you claim the compensation you deserve. Our dedicated team of legal experts have over 30 years of experience, which means you can put your trust in us to take care of your claim. As the UK’s top-rated medical negligence law firm, we can help you understand:
- What it means to suffer a delayed diagnosis and how this can impact you
- Whether or not you have a delayed diagnosis compensation claim
- How running a claim works and how we go about proving your claim
- The amount of compensation you could win and how it is calculated
We're the highest-rated No Win No Fee medical negligence solicitors on Trustpilot
What is a delayed diagnosis claim?
A delayed diagnosis, or misdiagnosis, are probably the most common forms of medical negligence a patient can suffer.
This means being the victim of:
- An unnecessary delay in diagnosing an injury or disease
- A late diagnosis that leads to fewer treatment options, a need for surgery that could have been avoided, a worse outcome, or even a reduction in life expectancy
- The incorrect diagnosis and unnecessary treatment of an illness or injury that you never had
If you have been diagnosed with an illness and believe, or have been told, that that illness could have been diagnosed sooner, you may have experienced this type of medical negligence. In this case, you could make a claim for delayed diagnosis compensation.
Examples of delayed diagnosis
Some illnesses are more commonly misdiagnosed, resulting in a late diagnosis, than others. Some of the most misdiagnosed illnesses are:
Cancer – many types of cancer are diagnosed after a significant delay due to symptoms looking like something else. Lung cancer for example may be diagnosed as a less serious respiratory illness.
Parkinsons – the tremors associated with Parkinsons can be put down to a stroke or even a head injury
Multiple Sclerosis – there is no one test to diagnose MS and this can make a timely diagnosis harder.
IBS – IBS, and also celiac disease, is often misdiagnosed as more temporary gastrointestinal illnesses.
Heart attack – heart attacks have been explained away as heartburn or indigestion at their onset
Stroke – stroke symptoms may look like a seizure or even be treated as a migraine at first
Sepsis – a delay in diagnosing sepsis can be life threatening, as can a delay in diagnosing meningitis
Whilst these are some of the cases that we handle regularly, there are many other conditions that GPs, consultants and specialists do not diagnose early enough. The majority of medical professionals do provide the very best care, but when there is a failure to do so, you are entitled to claim compensation that can help you recover from a delayed diagnosis.
Consequences of a delayed diagnosis
Early detection of an illness or injury nearly always means a better outcome. The consequences of a delayed diagnosis will vary according to the illness but in some cases, the outcome could be life threatening. The possible outcomes of a delayed diagnosis can be:
- Additional healing time and loss of earnings for even minor fractures that took longer than necessary to diagnosis
- The progression of a cancer from an early stage to a later stage, or the cancer spreading to other areas
- A genuine threat to life if a virus like sepsis or meningitis goes untreated.
- Paralysis, for example stroke patients who have not had their symptoms acted on fast enough
- Amputation for sufferers of diabetes or cancer.
There are many consequences following a delayed diagnosis, which is why we take it very seriously and want to help our clients as much as possible by pursuing compensation and helping them to access the support they need. Just like our client, who suffered a delayed diagnosis in relation to an eye complaint and was left with only 5% vision because he was not treated straight away.
How do I know if I can claim?
Medical professionals, including GPs, can sometimes miss the signs of a serious medical condition or injury, or mistakenly diagnose you with an injury or illness that you do not have. We have helped thousands of people get help after a delayed diagnosis and the most common cases we see include:
- A hospital misinterpreting your symptoms and failing to diagnosis an injury or illness
- A diagnosis of an injury or illness that you do not have
- The incorrect reporting of test results, or failing to advise you of important test results
- GPs failing to diagnose an illness or injury in a reasonable amount of time
- GPs failing to refer you for specialist review
- GPs rationing blood tests during the pandemic which leads to further delays
- Prescribing the wrong medication
- Being “lost to follow up,” where you are not advised of appointments you needed to attend, or sent for tests you need to diagnose you
To prove delayed diagnosis, we use the 4 Ds of medical negligence. These are duty, dereliction, damages and direct cause. It must be shown that a healthcare professional failed in their duty of care and this directly caused any damages, including financial losses and physical and emotional distress.
What can I expect?
The impact of a delayed diagnosis will be different for every patient and their family. In the worst cases, families are left to pick up the pieces after a tragic and avoidable loss. When we take on your case, we will gather all of the relevant information to make sure we get the maximum amount you are entitled to and that can go some way to helping you recover. Compensation can help with:
- Private medical bills
- Palliative care, particularly for terminal illnesses like cancer
- A loss of earnings, either your own or your family member who has had to care for you
- Any adaptations to your home or your car
- Travel expenses to additional appointments
- Aids such as wheelchairs, prosthetics or breathing equipment
- Pain and suffering associated with your delayed diagnosis
We will work hard to ensure that the compensation received supports your future quality of life. Therefore, ahead of any settlement agreed, we’ll always try to answer any questions around future care costs or treatment you may have.
Why Choose Us
Patient Claim Line has been pursuing claims for delayed diagnosis and misdiagnosis for over 30 years. We understand every second your diagnosis was delayed is time you can’t get back, and so we handle every case with compassion, care and complete diligence. We have over 100 UK based solicitors who specialise in medical negligence laws and have worked on, and won, thousands of cases just like yours. Our aim is to get you the settlement you deserve in a timely manner so that you can get on with your life with the help, support and resources you need.
No Win No Fee Delayed Diagnosis Claims
If a delayed diagnosis has caused you and your family pain, suffering and uncertainty, the last thing you want to worry about is paying for a solicitor. Our no win no fee promise means you don’t pay us anything at all unless we win your case. Even if we take on your claim and complete the investigation, but do not win, you still pay absolutely nothing if you have cooperated with us to manage your claim. Your final fee will be explained to you before you sign anything so that there are no surprises at the end. We are rated excellent on Trustpilot because our client’s wellbeing is what matters to us most.
Why Choose Patient Claim Line for your Delayed Diagnosis Claim?
Not just lawyers — medical negligence experts
Patient Claim Line was established in 2014 and consists of a team of medical lawyers specialising in cancer negligence and general medical negligence claims.
At Patient Claim Line we have more than 100 solicitors with a combined experience of over 400 years and they will work on your behalf to achieve the best result possible for you.
It’s not enough to use a solicitor who sometimes covers medical negligence. You need someone who knows this area through and through. That is what the solicitors here at Patient Claim Line do. They deal exclusively in this area of law and are experts in the field.
Frequently asked questions about Delayed Diagnosis Claims
Our expert legal team answer your questions about making a Delayed Diagnosis Claim
You may be able to sue the NHS if you believe you have experienced a delayed diagnosis which has impacted your medical condition. Working with an experienced medical negligence law firm means you have someone fighting on your behalf who will strive for the best compensation settlement. If suing the NHS feels daunting, there is the option of a “litigation friend”. This is normally a close family member or a spouse. Your solicitor will be able to liaise with your chosen individual for you, so this is one less thing to worry about.
With complex conditions, you should be offered an appointment with a specialist within 2 weeks of your General Practitioner (GP) making the referral. However, it can sometimes be difficult for medical professionals to work to an exact time frame when delivering a diagnosis. If you visit your local GP with health concerns, they have a duty of care to thoroughly investigate, and if necessary, refer you for a specialist consultation.
You have three years from the date you found about the delayed diagnosis to make a claim. To make a claim you will need to provide information about what happened to you and supply any evidence of the damages, such as financial losses like time off work or travel costs. Using a specialist medical negligence solicitor with experience in delayed diagnosis claims is the most efficient and through way to start your claim as they understand the process inside and out and know how to get the settlement you deserve.
If you are making a claim for delayed diagnosis compensation then the other party must prove that they were not liable. When you start your claim, you will be asked a series of questions so that your lawyer can understand exactly what happened. They will then tell you if you have a case or not. If you do, then your solicitor will be able to access your medical records to establish the chain of events and will carry out a thorough investigation. You will not need to actively prove anything yourself but can put your trust in your legal professional.
Meet our Delayed Diagnosis Team
Partner, Senior Solicitor
Michael Gray is a Partner, Senior Solicitor & Team Leader in our Medical Negligence Department. With over 15 years experience, Michael is highly regarded in the field due to his thorough and compassionate approach.
Michael’s ultimate focus is always on client care. During his time here at Fletchers, he has achieved truly life changing settlements for his clients, which ensure that those individuals have their long-term needs provided for. Michael regularly receives excellent feedback from his clients, who can sometimes be sad to part on conclusion of their claim. With The Legal 500, he has been described as “a superstar…” with “…a wealth of experience in clinical litigation…” who “…heads up a team of very good lawyers who deal with cases of the most complexity and significant value.”. Michael and his team work on some of the most complex cases for our seriously injured clients, many of which take many years to resolve.
“Michael Gray is an outstanding solicitor: knowledgeable, a good communicator, hardworking and displays very good judgement in difficult cases.”
“Michael Gray is a very bright lawyer, sees through a case very well and understands the challenges and the strong points”
Notable Settled Cases
MS v Swansea Bay UHB, 2021
A client suffered a life changing stroke leading to profound disability because, of negligent cessation of Warfarin before an angiogram. Settlement £4.3m capitalised.
KB v Solent NHS (1) Portsmouth NHS Foundation Trust, 2020
Client developed Cauda Equina Syndrome after a physiotherapist failed refer to a spinal surgeon. Settlement of £900,000.
KM v Sheffield Teaching Hospitals NHS FT, 2019
Client developed Cauda Equina Syndrome as a result of a failure to swab for MRSA and further failings on the part of GPs. Settlement of £1,850,000.
DS v North Tees and Hartlepool NHS FT, 2019
Client developed Cauda Equina Syndrome following a failure to manage him accordingly resulting in a delay in treatment. Settlement of £1,250,000.
- Key member of the newly formed Clinical Negligence Panel, 2022
Jennifer is a Solicitor who specialises in Medical Negligence. Jennifer has worked in Medical Negligence across the North of England and joined the Manchester office in 2018. Jennifer has a recognition of the suffering that customers have already been through and the support that they may need through their claim and prides herself on giving the very best customer service. Jennifer works in team 14 and has a wide range of experience, particularly in delayed diagnosis of cancer claims, shoulder and eye injuries.
Outside of the office Jennifer is a Trustee of Warrington Youth Rowing, a charity which currently works with children receiving pupil premium in over 20 schools across Cheshire and Merseyside. The charity aims to help the participants to develop a wide range of life skills such as time keeping, team work and commitment as well as improving their self-confidence.
Highlights of recently settled cases
C v Betsi Cadwaladr University Health Board – 2020 – £90,000.00 for a 76 year old who suffered with a gastric ulcer which was not monitored. They lost the opportunity for an early diagnosis of gastric cancer which would have been curative and were only able to receive palliative chemotherapy. Their life expectancy was reduced by five years.
AO (deceased) v Royal Brompton and Harefield NHS Foundation Trust -2020 – £90,000.00 for a 77 year old who suffered a deterioration of their cardiac function when they were lost to cardiac follow up. Their deterioration during this time lead to their premature death in 2018.
H v United Lincolnshire Hospitals NHS Trust -2021 – £300,000.00 for a 62 year old who suffered negligent treatment leaving them with only 5% vision in their left eye which caused depression and their premature retirement from their job as a carer.
W v St George’s University Hospitals NHS Foundation Trust -2022 – £137,000.00 for a 47 year old for the poor management of their skin cancer which metastasised. Their life expectancy was estimated to be less than 12 months beyond settlement.
R v Betsi Cadwaladr University Health Board -2022 – £34,000.00 for a 84 year old who suffered subsidence of their total hip replacement and a grade 3 pressure sore which continued to cause pain at settlement. Causation was disputed
“Jennifer was Fantastic, she deserves a medal!
“From beginning to end if I ever needed to call her, she was there. Sometimes I called her and I got upset about losing my husband- she understood and was so lovely to me. I’ve already recommended Fletchers to my friends. Thank you so much”
“My agent Jennifer has been a godsend!! She has been the main person that I have had contact with, she has been reassuring, understanding and compassionate. She has answered all my questions and she asked me questions I didn’t even think of! I’ve been very happy with the service so far as my case is ongoing. Jennifer is a credit to your company, thank you”.
“Thank you for everything you have done. You have been nothing but outstanding and a credit to the practice! Thank you once again”.
“The level of communication has been excellent. I have been dealing with Jennifer Argent who has been phenomenal. I would highly recommend Fletchers”.
“Jennifer has been extremely patient with me. Despite the long and stressful nature of this case, she’s always there to keep me up-to-date and answer any questions I have. Outstanding”
“Jennifer has been lovely and amazing and explain everything in a way that was easy for me to understand”
“My case handler Jennifer Argent has been fantastic throughout, my case has not been simple and has ended up being quite drawn out but Jennifer worked diligently and got the best outcome.”
“Made me feel at ease at all times especially when listening to my story of what happened and always feel the best is being done. Thank you very much, would highly recommend
“Jennifer is a first class solicitor all round”
“Jennifer Argent was amazing, she really connected with how I felt, what happened and made me feel reassured all the way through. She kept me fully updated with where we were and what happens next. She did an amazing job and I will always ben thankful for all the help and work that was put in. I would definitely recommend should anyone need to consult in them and a massive thanks again to all involved”
Rebecca is an Associate Solicitor who specialises in representing clients and their families in catastrophic and life changing clinical negligence claims. The majority of her case load is claims valued in excess of £500,000.
After graduating in Law in 2008 from Keele University, Becky completed her LPC and became a fully qualified Solicitor last year, specialising in Medical Negligence.
Rebecca has developed her skills and strengths dealing with complex issues including cases with withdrawal of indemnity in private practice, vicarious liability and delegable duties in medical services provided by out-sourced companies for the NHS and dealing with the death of Defendants prior to and post issuing Court proceedings.
Rebecca deals with a range of cases including fatal claims, orthopaedic claims including amputations and drop foot, avoidable and delay in diagnosis of cancer and spinal injuries. She has a particular interest in gastrointestinal and hepatobiliary cases. Rebecca’s current case load includes avoidable strokes, delay in diagnosis of antero-vascular fistulas, Fatal Accident claims, birth injuries including Erb’s palsy, above the knee amputations and complex cancer cases.
Rebecca prides herself in building lasting relationships with her clients and being the voice of the seriously injured when they need her the most.
“Rebecca was absolutely amazing throughout the whole process. She dealt with the case with such empathy and understanding and I was kept up to date at all times. Thank you so much”
“I have to say that all of you were very professional and supportive during the long 6 years, with a special mention to Rebecca who was a rock at particularly difficult times”
Acting on behalf of a lady who suffered an avoidable amputation as a result of being prescribed a contraceptive pill which was contraindicated in her circumstances. Achieved settlement of £2.5million.
Acting on behalf of a gentleman who received an incurred diagnosis leading to progressive spinal cord compression. Achieved settlement of over £1.5million.
Acting for a lady who was given incurred post-surgical advice resulting in an amputation. Achieved settlement of £850,000.
Acting for a lady who required bowel resection following a failure to manage her abdominal condition. Achieved settlement of £500,000.
Acting for a Minor who lost her Mother due to substandard treatment. Achieved settlement of £450,000.
Acting on behalf of a lady who suffered an avoidable stroke leaving her with profound ongoing difficulties. Achieved settlement of £380,000.
Acting for a lady who suffered surgical error during a gall bladder removal. Achieved settlement of £300,000.
Acting for a gentleman who, due to surgical error, sustained significant knee injuries. Achieved settlement of £250,000.
Acting for a lady who developed an avoidable stroke as a result of incorrect advice and treatment. Achieved settlement of £200,000.
Acting for a gentleman whose ruptured bicep tendon was not identified and treated during the treatment window. Achieved settlement of £100,000.
Matt is an Associate and Solicitor within our Clinical Negligence Department. Having qualified in 2005, Matt has specialised solely in Clinical Negligence for over a decade, covering the full remit of clinical negligence matters.
As part of his role, Matt currently leads a small team who, as well as having their own caseload, support the Clinical Negligence Department by providing case planning and supervisory support in more difficult matters.
Matt usually handles claims of the utmost severity, including brain injuries suffered at birth, strokes, fatal claims and all other catastrophic injuries, and has settled claims of a value fully capitalised in excess of £20m.
A long-term member of APIL, Matt has been recognised by the Law Society and has previously been named as a Key Lawyer in the Legal 500.
- Achieved a JSM settlement in excess of £250,000
- Conducted of Cerebral Palsy and stroke claims with damages worth in excess of £1million
- Multiple six and seven figure settlements at JSM and mediation achieved
"Now we have peace of mind"
My husband, Nick, went back and forth to the doctors for a long time and tried everything the doctor recommended. But his illness got worse, to the point that he was in agony.
In the end we got so desperate that we asked for a referral. The doctor was reluctant, so we had to consult a private hospital. That’s when we found out there was a tumour. It took years from the onset of his illness to finally start cancer treatment.
He used to be a man with a lot to live for, but in the end he was in so much pain that he withdrew from the family. He became angry that nobody had helped him sooner, and the legal team were able to give him the validation that he was desperately seeking. The NHS confirmed if they had done more, Nick would still be alive today.