This guide will explore the meningitis negligence claims process. All medical professionals owe a duty of care to their patients. As part of this duty, they must ensure they provide patients with the correct standard of care. If they fail to do so, and you are caused avoidable harm, this is known as medical negligence. We will explore when a medical negligence claim could be justified and who could make a claim.
Additionally, in this guide, we will share some examples of how meningitis could be misdiagnosed.
We will also explore the potential evidence needed to form the basis of a successful claim.
Furthermore, we will look at the option of hiring a No Win No Fee solicitor and the services they could offer.
Please continue reading for more information. Alternatively, our advisors are available 24 hours a day, 7 days a week, to answer any questions you may have about starting a medical negligence claim.
You can get in touch by:
- Calling on 0113 460 1216
- Using the live chat option below.
- Filling in the online contact form with your query.
Choose A Section
- A Guide To Meningitis Negligence Claims
- How Can Meningitis Be Misdiagnosed?
- Meningitis Negligence Claims – What Evidence Could I Gather?
- How Much Could I Receive From A Medical Negligence Claim?
- Can I Make A Medical Negligence Claim On A No Win No Fee Basis?
- Learn More About Meningitis Negligence Claims
A Guide To Meningitis Negligence Claims
The NHS defines meningitis as an infection of the protective membranes that surround the spinal cord and brain. Symptoms of meningitis can include:
- A fever.
- A dislike of bright lights.
- Vomiting.
- Headaches.
- A rash that is still visible when a glass is rolled over it.
A viral or bacterial infection usually causes meningitis. Viral meningitis is the least serious case of meningitis but the most common, while bacterial meningitis is rare but can lead to some serious symptoms if left untreated.
Meningitis can affect anyone but it more commonly affects babies, young children, teenagers and young adults. If the person affected by misdiagnosed meningitis is under the age of 18, an application can be made to act as a litigation friend and put forward a claim on their behalf. If a claim is not made on their behalf by the time they turn 18, the person can make their own claim.
Call us today for more information on the meningitis negligence claims process. An advisor can also discuss the process of claiming for the misdiagnosis of meningitis on behalf of someone else, including the time limits for starting a claim.
How Can Meningitis Be Misdiagnosed?
All medical professionals must ensure that they provide patients with the correct standard of care. This is their duty of care. Medical professionals can include GPs, doctors, nurses and surgeons. Additionally, this duty of care applies in various medical settings, such as GP surgeries and in the hospital.
If they provide care that falls below the expected standard, it could lead to you or your child experiencing avoidable harm. However, not all instances of misdiagnosed meningitis are a result of medical negligence.
There are various ways that meningitis could misdiagnosed, such as:
- A doctor incorrectly interprets a CT scan of your brain.
- Your GP fails to perform a physical examination despite you exhibiting clear symptoms of meningitis.
- The blood test done for diagnostic purposes is mislabelled, meaning someone else’s blood is analysed, and you receive the wrong diagnosis.
- The lumbar puncture (fluid taken from the spine) for diagnostics purposes isn’t performed properly.
If not treated quickly, meningitis can be very serious and several complications could arise. It could cause septicaemia (a life-threatening blood poisoning) and could cause permanent damage to the nerves or brain. Furthermore, it could cause kidney problems, hearing loss, seizures, and amputation may also be necessary to stop the infection from spreading throughout the body.
Additionally, if your meningitis were to be misdiagnosed as something else, you may receive unnecessary medical treatment.
Remember, for meningitis negligence claims to be valid, you must prove that you suffered harm due to a medical professional breaching their duty of care to you.
Call our team today for further guidance concerning your specific claim.
Meningitis Negligence Claims – What Evidence Could I Gather?
For your claim to be valid, you must prove that medical negligence occurred. Examples of evidence you could supply to support your claim include:
- Correspondence with the institution responsible for the medical negligence.
- Medical records detailing the medical misdiagnosis.
- Any prescriptions you were given.
All of the examples above could help you prove that you suffered avoidable harm as a result of a medically trained professional breaching the duty of care they owed you.
Additionally, you must make your medical negligence claim within the proper time limits. These time limits generally are:
- 3 years to start your claim from the date medical negligence caused you harm.
- 3 years to start your claim from the date you first realised that medical negligence caused or contributed to the harm you experienced.
There are several exceptions to these time limits. For example, if the injured person is under the age of 18 or the person lacks the mental capacity to claim on their own behalf.
If you would like more guidance on the evidence you could gather as part of the meningitis negligence claims process, get in touch on the number above.
How Much Could I Receive From A Medical Negligence Claim?
Within your medical negligence settlement, if your case is successful, you will receive general damages. General damages aim to provide you with compensation for any of the harm caused by medical negligence.
Using the guideline compensation brackets listed in the 16th edition of the Judicial College Guidelines (JCG), we have created the following table. Many legal professionals will use the JCG to help them value the general damages head of claim.
However, you should only use this table as a guide, as how much compensation you receive may vary.
Injury | Comments | Amount |
---|---|---|
Injuries Affecting Sight | (b) The person becomes totally blind. | In the reign of £268,720 |
Injuries Affecting Sight | (d) The person becomes blind in one eye only. | £54,830 to £65,710 |
Epilepsy | (a) Established Grand Mal. | £102,000 to £150,110 |
Epilepsy | (b) Established Petit Mal. | £54,830 to £131,370 |
Deafness/Tinnitus | (b) The person becomes completely deaf. | £90,750 to £109,650 |
Deafness/Tinnitus | (d) (ii) Moderate to severe tinnitus or noise-induced hearing loss alone or moderate tinnitus with noise-induced hearing loss. | £14,900 to £29,710 |
Kidney | (b) Total loss of the kidney’s natural function, with a risk of future urinary tract infections. | Up to £63,980 |
Kidney | (c) Complete loss of one kidney, but the other is not damaged. | £30,770 to £44,880 |
Injury Resulting From Brain Damage | (d) Less Severe - There will have been a positive recovery. However, there may still be some persisting issues, such as mood swings and poor memory and concentration. | £15,320 to £43,060 |
Injury Resulting From Brain Damage | (e) Minor - Brain damage will have been minimal (if any). | £2,210 to £12,770 |
For further information on what you could receive in compensation for a successful meningitis negligence claim, contact us today.
Could I Receive Special Damages Compensation From A Misdiagnosis Claim?
You may also receive special damages within your settlement. Special damages aim to compensate you for any of the past and future financial losses you have suffered due to being harmed by medical negligence. Financial losses could include:
- Paying for medical care.
- Travel expenses.
- Any lost wages due to having to take time off work.
To be able to receive special damages, you must provide sufficient evidence, such as bank statements or invoices.
For more information on the steps involved with the meningitis negligence claims process and seeking compensation, get in touch with our team.
Can I Make A Medical Negligence Claim On A No Win No Fee Basis?
An experienced solicitor from our panel may be able to take on your medical negligence claim under a No Win No Fee agreement. There are many different types of these arrangements, such as a Conditional Fee Agreement.
Under this agreement, you will not have to pay them for their services if the claim is unsuccessful. If the claim succeeds, your solicitor will take a legally capped success fee from your compensation.
If you still have questions regarding meningitis negligence claims process, you can speak with our team of advisors. Our friendly team are available 24 hours a day to answer your questions regarding your potential claim. They can also offer you some free legal advice.
You can get in touch by:
- Calling on 0113 460 1216
- Using the live chat option below.
- Filling in the online contact form with your query.
Learn More About Meningitis Negligence Claims
For more articles by us about medical negligence:
- What are birth injury claims?
- Deaths from medication errors – can you claim?
- What are Never Events and how do I claim compensation?
Or, if you would like more information from external sources:
- Care Quality Commission (CQC) – Find a hospital.
- Meningitis Now – Information for parents.
- General Medical Council – What to expect from your doctor.
Call our team today for further guidance on the meningitis negligence claims process.
Writer Megan Rilling
Editor Meg McGloughlin