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Medical Negligence Misdiagnosis

AuthorAlan Curtis
PublishedJuly 22, 2022
Categories
Estimated reading time:
4 minutes

Medical Misdiagnosis Claims: What You Need to Know

If you or a loved one has been the victim of medical negligence, you may be wondering what your next step should be.

We're here to help you understand Medical Misdiagnosis and what to expect when you make a misdiagnosis claim. We'll explain the common types of medical misdiagnosis and the most commonly misdiagnosed conditions. Finally, we'll look at the steps you can take to make a medical misdiagnosis claim.

If you believe you have suffered due to a misdiagnosis, it is important to speak to a solicitor as soon as possible. In this blog post, we will discuss medical misdiagnosis claims and what you need to know to make a successful claim.

Medical misdiagnosis claims can be complex, so it is important to have a solicitor on your side who understands the law and can help you to navigate the process.

If you would like to speak to one of our specialist medical negligence solicitors about making a claim, please get in touch. We offer free initial consultations, during which we will assess your case and advise you on the best course of action. We understand how difficult this time may be for you, and we will do everything we can to help you get the compensation you deserve.

What is Medical Negligence?

Medical negligence is when a medical professional provides substandard care that results in injury or death.

Types of medical negligence:

There are many different types of medical negligence, but some of the most common include:

  • Misdiagnosis
  • Delayed diagnosis
  • Surgical negligence
  • Anaesthesia negligence
  • Failure to diagnose
  • Wrong treatment
  • Delay in treatment
  • Medication errors
  • Dental negligence
  • Pregnancy and birth negligence

The two main types of Medical Misdiagnosis:

Late/Delayed Diagnosis:

This is when a medical professional does not diagnose a condition quickly enough. This can result in the condition becoming worse, and the patient may even die as a result.

Missed/Incorrect Diagnosis:

This is when a medical professional incorrectly diagnoses a condition or misses it altogether, which can have serious consequences for the patient, as they may receive the wrong treatment or no treatment.

What is Medical Misdiagnosis?

Medical Misdiagnosis is when a medical condition is incorrectly diagnosed. This can happen if a doctor fails to order the correct tests, misinterprets test results, or does not consider all of the possible diagnoses. Misdiagnosis can have serious consequences, as it may delay treatment or lead to unnecessary and invasive procedures.

Which conditions are most typically misdiagnosed?

There are many conditions that can be misdiagnosed, but some of the most common include:

  • Cancer misdiagnosis
  • Heart attack
  • Diabetes
  • Blood clot
  • Infection
  • Meningitis
  • Stroke
  • Ectopic Pregnancy
  • Broken Bones
  • Epilepsy

Medical Misdiagnosis compensation: How much compensation could you be entitled to?

The amount of compensation you could receive will depend on a number of factors, including the severity of your injuries, the impact on your quality of life, and any financial losses you have incurred.

At Alan Curtis Solicitors we have dealt with medical negligence claims with payouts ranging from a few thousand pounds to cases winning over 1 million pounds in compensation.

For more accurate information on how much you could be entitled to please feel free to get in touch with our specialist medical misdiagnosis solicitors by filling out this form.

How much time do I have to make a claim?

There is a strict time limit for making a medical misdiagnosis claim, so it is important to seek legal advice as soon as possible. In most cases, you will have three years from the date of your injury or diagnosis to make a claim.

The only exception is for children under the age of 18 where no time limit applies. However, as soon as the child turns 18 the three-year limit comes into effect.

How do I know if I have a Medical Misdiagnosis Claim?

If you or a loved one has been the victim of medical misdiagnosis, you may be wondering what your next step should be.

Due to the legal complexities involved in medical misdiagnosis cases, it is important to speak to a solicitor who has experience in this area. They will be able to assess your case and advise you on the best course of action. You can find our misdiagnosis service page here if you would like any further assistance.

How do you prove medical misdiagnosis has occurred?

In order to prove that medical negligence has occurred, we will need evidence that the healthcare professional in question breached their duty of care. This means that they did not provide the standard of care that a reasonable person would expect in the circumstances.

Common evidence for medical misdiagnosis includes:

  • Being referred to the wrong specialist
  • Failing to do a proper examination
  • Incorrect reading of your test results
  • Failure to acknowledge your symptoms or not believing your description of your symptoms.
  • Not taking your medical history into account
  • Not conducting the correct tests
  • Not considering all possible diagnoses
  • Disregarding test results
  • The doctor delayed correctly diagnosing

What to expect before, during and after a Medical Negligence Claim:

Making a medical misdiagnosis claim can be a daunting process, but our team of experienced solicitors will be with you every step of the way.

Before we start your claim, we will need to obtain your medical records and carry out an investigation into the circumstances surrounding your case. We will then need to obtain expert evidence to support your claim.

Once we have gathered all the necessary evidence, we will write to the hospital or GP responsible for your care and give them an opportunity to apologise and offer a settlement. If they do not respond or if we are not able to agree on a settlement, we will then proceed to court.

Although the majority of cases are settled outside of court, it is important to be prepared for the possibility of going to trial.

The final stage of the process is negotiating a settlement with the other side. Once we have agreed on an acceptable figure, the court will then issue an order for payment.

No Win No Fee Medical Misdiagnosis Claim

Not all solicitors offer a no win no fee service for medical misdiagnosis claims.

At Alan Curtis Solicitors we work on a No Win No Fee basis, which means that you will not have to pay any legal fees unless we win your case. This means that you can make a claim without worrying about how you will pay for legal fees. You can find out more about our no win no fee service here.

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Alan Curtis
Alan Curtis graduated with a Law degree from the University of Westminster in 1988. He passed the Solicitors final examination in London in 1989. After training in a central London practice, he qualified as a Solicitor in 1992. He then worked in Yateley, Surrey, in general litigation before moving to Cornwall and specialising in personal injuries and clinical negligence.
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