Misdiagnosis or Delayed Diagnosis Claims
Have you been misdiagnosed?
When it comes to our health we place a lot of trust in our doctors to make sure we get the correct care and treatment, so it can be incredibly distressing when your diagnosis is delayed or you find out you received the wrong diagnosis.
Misdiagnosis can occur when an injury or medical condition is missed or not identified by a medical practitioner.
It can be a confusing and frustrating experience when you find out that the diagnosis was incorrect or there was a delay in reaching the correct diagnosis, especially if this has caused your condition to worsen.
Your health and well-being are of utmost importance, and getting the right diagnosis is crucial for effective treatment and recovery.
We are here to help you through every step.
How do I know if my doctor misdiagnosed me?
There are some common mistakes that medical professionals make that can lead to misdiagnosis. Sometimes a doctor becomes “locked in” to a particular diagnosis and fails to reconsider other potential options to explain your symptoms. Sometimes it is a simple case of a mistake being made by the doctor.
Not all health conditions are easy to diagnose but there are some which should result in a referral from the doctor for further tests or investigations. Here are a few scenarios that might arise when looking at misdiagnosis claims:
- Failure to diagnose your condition which has negatively impacted your condition
- Incorrect treatment which has led to the deterioration of your health
- Delayed diagnosis of your condition which has made your condition worse
- Diagnosed with an injury or illness which you don’t have
This type of claim can range from a fracture initially being diagnosed as nothing more than bad bruising or a sprain to a delay in diagnosing cancer.
Cancer Misdiagnosis
Receiving a cancer diagnosis is one of the most devastating experiences you can experience. If it turns out that the diagnosis is wrong, it can still be incredibly distressing and have a significant impact on your life.
You may have had the trauma of telling family members of your cancer diagnosis only to have to explain that the doctors had got it wrong. Where this has affected you psychologically, you may be entitled to claim.
When there has been a delay in reaching your cancer diagnosis, this can be incredibly distressing particularly where the prognosis is worse than it would have been had the cancer been detected sooner. The delay in diagnosis might be due to a failure by doctors to further investigate a suspicious finding reported on an earlier scan.
If the negligence has caused your condition to worsen, the cancer to spread or you have had to face more invasive treatment due to the delayed diagnosis, then you could make a cancer misdiagnosis claim. If a family member has died as a result of the delay in diagnosis of cancer, you may be entitled to claim. Where a family member has started the claims process and dies before it resolves, the claim can continue to be pursued by their executors and certain family members may be allowed to claim for the loss of their loved one.
Stroke Misdiagnosis
A stroke can be hard to spot but if a doctor has failed to recognise the warning signs, the consequences are life-changing and potentially fatal. It’s important to act fast when you spot symptoms of a stroke, such as:
- Face drooping on one side (not being able to smile for example)
- Trouble lifting arms
- Slurred speech and difficulties understanding people
Whether you were at a high risk of stroke and did not receive the proper preventative treatment, or whether a mini stroke (TIA) was initially misdiagnosed as something less serious before it led to a stroke, you may be able to make a claim.
Meningitis Misdiagnosis
Meningitis can be a life-changing condition. If a doctor fails to recognise the symptoms of meningitis and fails to carry out the required tests to make the diagnosis, then this could lead to life-changing consequences. Some of the symptoms of meningitis include:
- High temperature
- Vomiting
- Confusion
- Headache
- Spots or a rash
- Dislike of bright lights
- Stiff neck
Fracture misdiagnosis
Ensuring a broken bone is correctly aligned and immobilised is vital for successful recovery.
If the initial fracture diagnosis has been missed, this could lead to serious complications such as infections, lasting deformities, and persistent issues with joint movement.
How long do I have to make a claim?
You have three years from the date you become aware of alleged negligence to either settle your claim or raise court proceedings to protect your right to claim damages, failing which the claim will timebar.
However for misdiagnosis cases it can be more complex and leave you feeling confused. There are multiple dates which could be used - but which is the correct one?
Is it the initial date you received the wrong diagnosis? Is it the date you realised something wasn’t quite right? Or is it the date you finally received your correct diagnosis from your doctor?
It doesn’t matter how long ago you received the initial diagnosis, the time bar starts three years from the date when you are made aware or could reasonably have been aware that there has potentially been a misdiagnosis by a medical professional.
Here to help
If you would like to talk to a medical negligence solicitor about your misdiagnosis, in the first instance please complete our Clinical Negligence form. Please give as much detail as you can about the misdiagnosis as this will assist in our ability to fully understand your circumstances and offer legal advice about claiming compensation.
For years Digby Brown has helped lots of people seeking legal action against the NHS and private healthcare providers. Our clinical negligence department offers free legal advice and is here to help.
No win, no fee personal injury solicitors
The expression “No win, no fee” is often used in personal injury cases. It is used as a way of funding a compensation claim where the accident victim does not have the means to pay for the costs involved as the case progresses.
A number of solicitors are prepared to handle personal injury cases on a “No Win – No Fee” basis but very few are able to offer their clients complete protection if the case is unsuccessful.
In that event, the client could end up being liable for many thousands of pounds in legal expenses or the case won't be fully investigated and therefore likely to under-settle.
Compensate 'no win, no fee' funding
Digby Brown has its own funding company, Compensate, which provides the funding to allow the case to be fully investigated, employ the best experts surrounding the circumstances of the accident and/or injuries sustained and where and if necessary go to court.
If for whatever reason the case is unsuccessful, Compensate pays all your legal expenses and those of your opponent – you pay nothing.
On average our clients receive over 3 times the pre-litigation offer
Because of Compensate funding Digby Brown's success rate is extremely high and on average our clients receive three times the pre-litigation offer.
In the event the case is successful, a small percentage of your damages will be deducted with VAT to pay for this service. The percentage which Compensate will charge depends on the degree of risk involved. We believe that this is the fairest method of giving clients access to justice whilst ensuring their cases are fully investigated, prepared and funded.
Don’t take our word for it, just read many of the court decisions and case studies on our website.
Beware of compensation offers which may be too good
We know you will have seen many adverts offering 100% compensation or telling you that you will not lose any of your compensation, however we believe there are a number of problems with companies that do this.
- How do they make their money if they don’t charge you anything?
- If they aren’t taking any money from you, the client, what incentive do they have to ensure you receive the right level of compensation, appropriate to the injuries you have sustained?
- Fully preparing a case, finding out exactly what happened and what the consequences of your injuries may mean in the long term, is expensive, how do they do this properly?
- If they aren’t fully preparing these cases will they just accept the first offer they are given on your behalf by the Insurance company?
- It makes simple business sense, the less work they do the higher their profit margin is - they simply have no incentive to work harder on your behalf.
- These adverts in the main are from English firms on national television which operates in a different way and therefore wouldn’t apply to a Scottish person.
We know from the many client cases we mandate from other firms of solicitors (in the main at the request of the client who is extremely unsatisfied with the service received for the other firm) that many shortcuts are taken in preparation and that the first offer received is being recommended for acceptance, regardless of the value.
Getting something for nothing is usually the first sign of poor service.
Correct level of compensation with Digby Brown
Our experience and statistics show time and time again we will achieve the correct level of compensation which will be substantially more than the insurer is initially prepared to offer.
Even after we have deducted our percentage as a success fee you will gain considerably more than you would have achieved using a 100% compensation model.
Contact Digby Brown's personal injury solicitors
We have offices across Scotland in Glasgow, Edinburgh, Dundee, Kirkcaldy, Inverness, Aberdeen and Ayr.
For further information about no win, no fee, or anything else, call us on 0333 200 5925 or fill in our enquiry form below and someone will get back in touch with you.
Why Digby Brown
Our clinical negligence team are experts within this area of law and have the experience to guide you. Led by Ruth Kelliher who has been recognised as a specialist by Chambers Legal Guide as well as a specialist clinical negligence lawyer by the Law Society of Scotland.
The firm are members of Action Against Medical Action (AvMA) with the majority of the team holding specialist clinical negligence accreditation with the Law Society of Scotland. The clinical negligence team is dedicated to supporting you throughout this difficult time.
I’m still receiving treatment - will starting a claim affect my treatment?
No. You are entitled to continue receiving treatment even if a claim is ongoing.
Can I make a claim on behalf of someone else?
If a loved one has died due to negligence, you can pursue a claim for the loss you and your family have suffered. If your family member does not have capacity and you hold Power of Attorney or a Guardianship Order, you may be able to pursue a claim on their behalf.
Can I claim against the NHS?
Yes. If you have received negligent treatment from NHS medical staff, you are entitled to pursue a claim against that health board, GP practice or dental practice.
Can I make a claim against private healthcare?
Yes. If you have received treatment privately and you think there has been negligence, you can pursue a claim against the private healthcare provider.
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