In this guide, we’ll be discussing the process of making a delayed diagnosis claim after experiencing medical negligence. As you move through this guide, you will find information on the criteria for putting forward a medical negligence claim as well as the steps you can take to strengthen your case, including gathering evidence.
How Do You Make A Delayed Diagnosis Claim?
Additionally, we will provide a definition of what medical negligence is and how it could lead to a patient experiencing a delayed diagnosis.
Furthermore, we will outline what a settlement following a successful claim could comprise and explore how it aims to address the way you have been affected by the incident of medical negligence.
Finally, we will discuss the option of entering into a No Win No Fee agreement with a solicitor, what this could entail and how it could benefit you and your claim.
For more information or to ask any questions you may have regarding your potential claim, please get in touch with an advisor. To reach them, you can:
- Call on 0113 460 1216
- Enter your details into our online form to contact us
- Chat with an advisor by using the live chat feature below
Choose A Section
- When Are You Eligible To Make A Delayed Diagnosis Claim?
- How Could A Delayed Diagnosis Happen?
- What Compensation Amount Could You Receive From A Delayed Diagnosis Claim?
- Potential Evidence That Could Help You Claim For Medical Negligence
- Make A Delayed Diagnosis Claim On A No Win No Fee Basis Using Our Panel Of Solicitors
- Learn More About Making A Wrong Diagnosis Claim
When Are You Eligible To Make A Delayed Diagnosis Claim?
Medical negligence is when a medical professional, who owed you a duty of care, breached their duty and caused you to experience avoidable or unnecessary harm as a result. If you can provide evidence that medical negligence occurred, you may be eligible to pursue a claim for compensation.
The way medical professionals are expected to uphold their duty can vary depending on the field of medicine they work in. For example, the General Medical Council provides ethical guidance for doctors, whilst the Royal College of Nursing outlines the duty of care nurses owe their patients.
However, they each have a duty to provide care that meets the correct standard. If they provide substandard care, it could lead to you becoming harmed unnecessarily. If your delayed diagnosis claim meets the criteria laid out above, you may be able to seek medical negligence compensation for this harm.
Is There A Time Limit When Making A Delayed Diagnosis Claim?
As per The Limitation Act 1980, you’ll have three years to begin your medical negligence claim. This can start either from:
- The date that medical negligence took place.
- The date you realised medical negligence occurred.
However, there are exceptions to this rule. For more information on these, please get in touch with an advisor on the number above.
How Could A Delayed Diagnosis Happen?
There are several ways a delayed diagnosis could occur. For example:
- Your doctor may diagnose you without investigating all your symptoms which could lead to you being initially misdiagnosed. As such, you could receive a delayed diagnosis of the correct medical condition.
- You may receive the wrong test results which could result in you receiving a delayed diagnosis.
A delay in receiving a diagnosis can have several effects. For example, your original condition could worsen, resulting in you experiencing further harm that could have otherwise been avoided. Alternatively, if you have experienced a medical misdiagnosis initially, this could lead you to receive unnecessary medical treatment.
If you are eligible, you could seek compensation for the way you have been affected by an incident of medical negligence.
Call the number at the top of the page to discuss your potential delayed diagnosis claim with an advisor. They can offer a free case assessment to determine whether you’re eligible to seek medical negligence compensation.
What Compensation Amount Could You Receive From A Delayed Diagnosis Claim?
The settlement you receive following a successful claim will include compensation for the emotional and physical pain and suffering caused by medical negligence. This is awarded under the general damages head of claim.
Solicitors can use the Judicial College Guidelines to help them value this head of claim. The publication consists of a list of guideline award brackets. You can find some of these figures in the table below. However, please only use them as a guide.
| Type of Harm | Compensation Guidelines | Other Notes |
|---|---|---|
| Kidney | £169,400 to £210,400 | Where both kidneys are lost or seriously damaged. |
| Kidney | Up to £63,980 | There is a significant risk of a urinary tract infection in the future or other complete loss of natural kidney function. |
| Female Reproductive System | £114,900 to £170,280 | Infertility caused by injury or disease. There may also be significant medical complications, such as where there has been a failure to diagnose an ectopic pregnancy. |
| Deafness/Tinnitus | £109,650 to £140,660 | Cases where deafness has occurred at an early age, such as from a rubella infection, and has prevented or seriously affected the development of normal speech. |
| Bowels | Up to £150,110 | Total loss of natural function as well as a dependence on colostomy. |
| Bladder | £63,980 to £79,930 | Serious impairment of control with some pain and incontinence. |
| Spleen | £20,800 to £26,290 | Loss of spleen, with a continuing risk of internal infection and other disorders caused by a damaged immune system. |
What Are Special Damages In A Delayed Diagnosis Compensation Settlement?
Your settlement could also include compensation for the financial losses you incurred due to medical negligence. This is awarded under the special damages head of claim and can cover the cost of:
- Domestic care
- Lost income
- Medication and other medical care
- Renovations to the home in aid of your recovery
- Travel
You should keep a record of any financial losses in the form of receipts, payslips and invoices when claiming them back.
For more information on the award you could receive after successfully claiming for medical negligence, get in touch on the number above. An advisor can provide a personalised estimate of how much your claim could potentially be worth.
Potential Evidence That Could Help You Claim For Medical Negligence
Evidence can help demonstrate that medical negligence occurred. To collect sufficient evidence to strengthen your case, you can:
- Keep a diary of your treatment and symptoms as well as how they have affected you physically and psychologically.
- Request a copy of your medical records. This can include copies of X-ray and MRI scans, blood test results, doctor reports and reports from a hospital.
- Attend an independent medical assessment. This can produce a report detailing the full extent of the harm you experienced as well as your future prognosis.
Additionally, findings from the Bolam test may also help to support your claim. This involves a group of relevantly trained medical professionals assessing your case to determine whether the correct standard of care was given.
If you need help building your case, you may benefit from working with a medical negligence solicitor from our panel. They can guide you through the different aspects of the claims process and assist you in seeking compensation. Find out whether you could be eligible to have one of them represent your case by calling an advisor on the number above.
Make A Delayed Diagnosis Claim On A No Win No Fee Basis Using Our Panel Of Solicitors
The No Win No Fee solicitors on our panel have experience handling medical negligence claims and could offer you a Conditional Fee Agreement which means you gain access to their services without paying an upfront or ongoing fee. Additionally, there is no requirement to pay for their work should your claim have an unsuccessful outcome.
However, in the scenario that your claim succeeds, you’ll have to pay a success fee to your solicitor. This fee is taken from your compensation as a percentage. However, their is a legal cap placed on how much a solicitor can take which means you can keep the majority of your compensation.
If you’d like to discuss whether a solicitor from our panel could represent your delayed diagnosis claim, you can speak with an advisor from our team. They can provide a free assessment of your case and if you have valid grounds to pursue a medical negligence claim, could connect you with a solicitor.
For more information, you can:
- Call on 0113 460 1216
- Enter your details into our online form to contact us
- Chat with an advisor by using the live chat feature below
Learn More About Making A Wrong Diagnosis Claim
To learn more about medical negligence claims, you can read more of our guides below:
- Can I use a medical negligence calculator?
- Can I claim for hospital medication errors?
- Can I claim for the misdiagnosis of lung cancer?
Alternatively, you can use the following links to learn more:
- NHS Resolution – Annual Statistics
- GOV – NHS Constitution For England
- General Medical Council – Raise A Concern
We hope this guide has helped you understand whether you’re eligible to make a delayed diagnosis claim for by medical negligence. If you have any other questions, please get in touch on the number above.
Writer Louis Pocket
Editor Meg McGloughlin
