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Medical Misdiagnosis Claims
Medical misdiagnosis forms the basis of the largest percentage of medical negligence compensation claims. The annual report from NHS Resolution indicated that there has been an increase in the number of claims owing to delays, cancellations and misdiagnosis reflecting longer waiting lists. The consequences of misdiagnosis can be devastating and can lead to delays in patients receiving the treatment they require.
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What Is a Misdiagnosis Claim?
A medical misdiagnosis can occur if your GP or another health professional provides you with an inaccurate or delayed diagnosis.
Whilst diagnosis may be difficult in some circumstances, a treating clinician has a duty to consider all reasonable causes for your condition and to take steps to exclude or confirm any potential diagnosis. Some conditions may have similar signs or symptoms and in those circumstances a “differential” diagnosis would be appropriate. We have a unique understanding of this area as we’ve had years of experience in dealing with all the different aspects of misdiagnosis claims and medical negligence.
What Are The Different Types of Medical Misdiagnosis Claims?
We have handled many different medical misdiagnosis compensation claims, including:
- Cancer Misdiagnosis
- Delayed Diagnosis
- Complete Misdiagnosis
Misdiagnosis can occur in many different forms but some of the most common that we see are:
- A serious illness is allowed to progress unchecked or without being correctly identified
- Wrong medication is prescribed due to the misdiagnosis of the condition. This could result in a worsening or prolonging of your ailment
- Test results are misinterpreted or not properly assessed
- Inadequate consideration is given to alternative or differential diagnoses
- Your treatment is delayed because of misdiagnosis so your condition gets worse
- Misdiagnosis in pregnancy related cases can result in damage to the mother and to the unborn baby particularly in relation to a failure to recognise early signs of infection
- A failure in diagnosing a fracture
For example, it could be that your fracture was missed during an X-ray or MRI, or that there was a failure in conducting adequate tests and investigations. A fracture misdiagnosis or delayed diagnosis could negatively impact the outcome of your treatment, increase recovery time, and in some circumstances lead to serious complications. Our client was awarded £17,500 by his NHS Trust after they failed to identify a stress fracture.
Claiming Cancer Misdiagnosis Compensation
Cancer misdiagnosis can be detrimental to a person’s wellbeing, particularly if the total misdiagnosis or delayed diagnosis impacts your long-term health or leads to additional medical costs.
This is a specialist claim type that requires dedicated legal expertise. Our solicitors are experts in medical negligence and have handled many cancer misdiagnosis claims successfully. Because of the complex nature of diagnosing a disease such as cancer, misdiagnosis or delayed diagnosis can unfortunately happen.
If there has been a delayed or missed diagnosis, then this can result in cancer progressing with a limitation of the available treatment options. In such cases, we can help to determine when cancer should have been diagnosed and how this affected your outcome to your detriment.
What Common Conditions Are Misdiagnosed On The NHS?
Many common conditions can be diagnosed incorrectly. This is because the symptoms of cancer and other conditions can mimic the symptoms of different diseases. This is particularly common during initial visits to the GP when symptoms are in their early stages. These conditions can include but are not limited to:
- Pancreatic cancer misdiagnosed as gallstones
- Ovarian cancer misdiagnosed as cysts
- Lymphoma misdiagnosed as various other illnesses
- Skeletal injury being treated as muscular pain
How To Make A Medical Misdiagnosis Claim
We know how stressful and consuming a legal claim can be and that’s why we’re here to take that stress away from you, and deal with your claim in a smooth and efficient manner. Our expert legal team will not only fight for justice for you, but will also be on hand to offer advice and support throughout your case – whether that be related to your claim, recovery and rehabilitation needs, or just to answer any questions you may have.
To start your claim, contact our specialist team and they will discuss your case with you.
No Win No Fee Medical Misdiagnosis Claims
If you suffer a misdiagnosis, we don’t want you to worry about the expense of legal fees. No matter the claim, we always adopt a ‘No Win No Fee’ approach with misdiagnosis being no exception.
If your claim is accepted, our expert legal team will fight for your case because we believe everyone has the right to fair legal representation.
If the case is successful, we will retain a small percentage in accordance with our upfront agreement with you at the start of your claim.
EXAMPLES OF MISDIAGNOSIS CASES
Medical Negligence solicitor, Rebecca Dawson, recently settled a serious degenerative spinal injury misdiagnosis case.
The client, who suffered many years of incontinence and leg spasms, was told by his local NHS Trust that his symptoms were inconclusive, and that he wouldn’t be given an MRI because the neurologist believed he had restless leg syndrome.
But for the persistence of Rebecca and her team, the client would now be entirely wheelchair dependent. Despite the Trust failing to admit negligence, overwhelming medical evidence seen at a hearing meant that over £1 million, as part of a misdiagnosis compensation package, was awarded.
In January 2008, another client was diagnosed with progressive transformation of germinal centres (“PTGC”).
On second viewing, there had been a negligent failure to correctly diagnose and treat our client, causing injury and loss. Treatment was not given in 2008, and the disease transformed into an aggressive B-cell Non-Hodgkin’s Lymphoma.
“If our client had been correctly diagnosed with nodular lymphocyte predominant Hodgkin’s lymphoma in 2008, he would have been treated with involved field radiotherapy, possibly with the addition of two cycles of chemotherapy.”
Patient Claim Line’s Daniel Finney
WHAT DO OUR CLIENTS SAY?
“I have been extremely happy with my solicitor dealing with my case. Right from the outset I have felt that he understood how upset I was and the traumatic experience I had gone through.”
Mrs. Angela Jane Passey
“I feel very understood and very helped. I feel there has been no judgments towards me. They always emailed me back quickly and professionally. I find the services very helpful.”
Miss Jamie-Leigh Mackintosh
“Amy was so helpful and understanding, she kept me informed and included me in all the decisions. It has been easy and effortless; I feel I have been looked after and a brilliant outcome. I would definitely recommend your company.”
Ms. Julie Allyson Bell
Why Choose Patient Claim Line for your Medical Misdiagnosis Claim?
Not just lawyers — medical negligence experts
Patient Claim Line was established in 2014 and consists of a team of medical lawyers specialising in medical negligence and misdiagnosis claims.
At Patient Claim Line we have more than 100 solicitors with 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 Medical Misdiagnosis Claims
Our expert legal team answer your questions about making an Medical Misdiagnosis claim
Meet our medical negligence team
Peter Rigby
Director of Medical Negligence
Peter leads the Medical Negligence Serious Injury department, which now boasts some of our most knowledgeable, dedicated and hardworking team members.
Peter is dedicated to supporting victims of catastrophic medical negligence injuries and endeavours to provide a clear and coherent approach to claims. He recognises the effects serious injuries can have and therefore ensures his customers’ need for support is met. Peter also has a vast amount of experience working with customers who have been injured abroad and is able to act under international law to provide the best outcomes.
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Christian Beadell
Partner, Head of Strategy and Legal Operations
Christian is Head of Medical Negligence at Patient Claim Line and has specialised in clinical negligence claims since qualifying in 1998; having dealt with a wide variety of claims throughout his career. He is also featured in the Legal 500 as a recommended claimant solicitor in the North West.
Christian qualified as a solicitor in 1998, specialising in clinical negligence. From 2010 onward he has had a particular interest in gynaecological and urogynaecological claims, having represented several hundred claimants in the George Rowland Litigation against the Liverpool Women’s and Aintree Hospitals. This investigated the treatment given to women in the Merseyside area over several decades, and in particular focused on the introduction and development of mesh into the UK in both the treatment of stress urinary incontinence and pelvic organ prolapse. The development of this area involved pursuing claims under a unique ADR protocol with the NHS and also looking to develop the current thinking on the valuation of compensation for complex urinary symptoms. He has successfully recovered hundreds of thousands of pounds in compensation on behalf of my clients.
Christian was also involved in setting up and chairing a Claimant Support Group for those involved in the Rowland litigation, which provided a discussion forum for the many women who were left isolated and damaged by negligent gynaecological treatment. He now co-ordinates the firm’s mesh claims and has delivered training and commented extensively on the medico-legal implications of urogynaecological / mesh complications. He is a member of APIL, Liverpool Law Society and Legal 500 recommended.
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Francesca Paul
Associate Solicitor
Francesca Paul is an Associate, Senior Solicitor and Team Leader within the Clinical Negligence Department. She is one of the driving Solicitors in the Group Litigation Team dealing with this niche and specialist area of work that Fletchers undertakes.
Francesca previously worked in Nottingham, dealing with Group Action work. She now works at Fletchers, bringing with her those years of experience heading up a team of 10 people. Francesca is involved in the early identification of potential new Group Litigation Work and analyses information from the collective pool of new enquiries into the business, of which there are hundreds per week looking for hot spots or recurrent issues which might suggest a potential pool of Claimants.
One of the highlights for Francesca and her team is that they have successfully recovered over a million pounds in compensation for clients who have received treatment from a single orthopaedic surgeon who was operating in the Colchester area. Her role requires a specific set of skills, patience and a forensic approach to detail whilst being able to see the wider picture.
Francesca has previously acted for a claimant in a case that reached the Supreme Court in the case of NA v Nottinghamshire County Council.
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Sion Wynne
Senior Solicitor
Sion is a team leader and senior solicitor with many years’ experience in dealing with a wide range of medical specialisms and different types of injuries. He is an experienced medical negligence solicitor and manages a team of lawyers within our department.
Sion joined Fletchers in 2018 as a Team Leader in the Medical Negligence Department. Throughout his 24 year legal career, he has specialised in conducting medical negligence claims on behalf of Claimants, previously working for other highly ranked leading firms in the field.
He has undertaken claims covering the full spectrum of medical specialisms, clinical settings, categories of defendant and types of negligent medical care and treatment.
These include high value and complex maximum severity cases, such as those involving limb amputations and permanent neurological injuries.
Sion is experienced at representing bereaved families at inquests and has a particular interest in fatal accident claims.
Notable Cases
JI v Warrington and Halton Hospitals NHS Trust: £1.25m recovered for client left paraplegic after spinal anaesthesia.
RS v Central Manchester University Hospitals NHS Foundation Trust: £150,000 recovered for client in respect of a failure to recognise complications after a kidney transplant, where her father was the donor.
JN v MA: £100,000 recovered for a client who suffered 2 years persistent pain and disability after knee replacement surgery undertaken as a private patient.
CS v Pennine Acute Hospitals NHS Trust: £400,000 recovered for a child who sustained Erb’s palsy during her delivery.
WO’C (Deceased) v Central Manchester University Hospitals NHS Foundation Trust; £450,000 recovered for the family of the deceased who died as a result of a delay in diagnosing a brain tumour.
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Case Study
Sarah's Story
"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.
