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How Much Compensation Can I Get against Medical Misdiagnosis Claims?
Unfortunately, according to the latest survey, up to 10% of patients in the UK suffer from medical misdiagnosis each year. It means that every patient must know to make medical misdiagnosis claims if they feel their diagnosis was incorrect.
Please read this for suing NHS for misdiagnosis, how to identify, and the steps taken while claiming compensation. Moreover, we also cover some common causes of medical misdiagnosis claims to prepare you to do things in these cases.
After reading this, don’t hesitate to contact us for further assistance if you feel you are the victim of medical misdiagnosis. We are here to provide a free consultation and discuss how we can help with your medical misdiagnosis claims.
No one should suffer from medical misdiagnosis, but unfortunately, it does happen. Refrain from letting yourself be left without recompense if you faced misdiagnosis in the past. Let us help you to get the justice and medical misdiagnosis claims you need. Contact us today and get started on the path to justice and recovery.
Table Of Contents
- What is Medical Misdiagnosis?
- What Brings Medical Misdiagnosis Claims?
- Common Examples of Medical Misdiagnosis
- Delayed Diagnosis of a Serious IllnessWrong Medication Prescribed
- Unnecessary Procedures
- Complications from Inadequate Care
- Surgery
- Misdiagnosis of Mental Illness
- Wrongful Death
- Unforced Errors
- Complications Related to Misdiagnosis
- Wrongful Death
- Unforced Errors
- Physical Complications
- Financial Burden
- Emotional Stress
- Legal Implications
- Eligibility Criteria to Get NHS Misdiagnosis Compensation
- How to Check Validity of Misdiagnosis
- Getting Misdiagnosis Compensation on Behalf of Someone Else
- Amount of Medical Misdiagnosis Claims
- Quality and Availability of Medical Records
- Prevalence of Diseases
- Doctor’s Experience
- Clinical SymptomsPatient Communication
- Time Limit to Get Medical Misdiagnosis
- FAQs
What is Medical Misdiagnosis?
Medical misdiagnosis is an unfortunate reality that can lead to severe consequences. It occurs when a healthcare professional makes an incorrect diagnosis after evaluating and treating a patient. This can lead to the patient receiving inappropriate or no treatment, putting them in harm’s way.
Misdiagnosis is also linked with a prolonged diagnosis when a correct diagnosis is not made within a specific timeframe. Depending on the condition, it can cause further health complications or even death.
For this reason, medical misdiagnosis is a serious issue that needs to be addressed properly and promptly. To ensure patient safety and accurate diagnosis, healthcare professionals must know the current medical knowledge.
What Brings Medical Misdiagnosis Claims?
The common causes of medical misdiagnosis claims include:
- Poor communication between patient and doctor
- Lack of access to necessary medical tests
- Misinterpretation of test results
- Failure to recognise symptoms
- Lack of follow-up care
If a medical misdiagnosis has led to injury, the patient is eligible for medical misdiagnosis claims. To determine if a case is worth pursuing, several factors are involved:
- The harm caused by the incident
- The severity of the misdiagnosis
- Any negligence on behalf of the medical professional
- The amount of financial compensation requested.
It is essential to seek legal advice from a solicitor to get compensation for pain and financial losses due to misdiagnosis. It helps the patient to recover both physically and financially.
Common Examples of Medical Misdiagnosis
The common examples of medical misdiagnosis are;
Delayed Diagnosis of a Serious Illness
Several reasons cause delays in diagnosis. These possible reasons range from misinterpreting an X-ray to failing to recognise severe cancer symptoms. In these cases, time is essential, and a delayed diagnosis can bring serious consequences.
Wrong Medication Prescribed
This medical negligence often occurs when a doctor prescribes the wrong medication, either because they didn’t diagnose the patient properly or gave the wrong prescription. Taking improper medications can lead to serious side effects and even death in severe cases.
Unnecessary Procedures
Unnecessary medical procedures are dangerous as they put the patient at risk for complications. Common examples are performing surgery unnecessarily and ordering tests that do not produce any helpful information.
Complications from Inadequate Care
Inadequate care can lead to severe complications, from infections to organ failure. Also, it can lead to medical misdiagnosis claims.
Surgery
Sometimes, doctors may need to know the situation or when necessary to perform surgery. It is hazardous, as complications can arise, and even if no harm happens to the patient, they still do not need the previous wrong treatment.
Misdiagnosis of Mental Illness
Mental illness is a complex state, and mistakes are unfortunately common. It can lead to patients receiving the wrong treatment and not getting the needed help.
Wrongful Death
In some medical negligence cases, a patient may die due to their doctor’s errors. These tragic cases can lead to criminal charges and medical misdiagnosis claims.
Unforced Errors
Even when healthcare providers follow the correct protocol for a procedure, mistakes can still occur due to fatigue, lack of attention, and many more.
These errors can lead to severe complications for a patient and need the proper legal action to implement. Also, complications of misdiagnosis can range from minor to severe, both physically and financially.
Physical Complications
Suppose a patient faces misdiagnosis with a condition that requires long-term treatment. Then, they may end up suffering through not needed treatments that have deleterious effects on their body. Undiagnosed and misdiagnosed conditions can lead to further medical complications if not treated promptly.
Financial Burden
Misdiagnosis can also lead to astronomical bills for the patient and their family, as incorrect treatments are often expensive. In addition, patients cannot return to work due to their medical complications, leading to a loss of income for the patient.
Emotional Stress
Misdiagnosis can also lead to an emotional distress situation. Sometimes, patients may feel hopeless or helpless in the face of incorrect treatments, leading to anxiety, depression, and guilt.
Legal Implications
In some cases, misdiagnosis can lead to legal action are not taken against the healthcare provider responsible for the incorrect diagnosis. These are expensive and time-consuming and do not guarantee a successful outcome.
Though rare, patients must understand the potential consequences of misdiagnosis, are vigilant about their healthcare, and seek second opinions. Understanding the risks associated with misdiagnosis helps patients to make informed decisions about their care.
Eligibility Criteria to Get NHS Misdiagnosis Compensation
In addition to filing medical misdiagnosis claims, you must provide supporting documentation to prove your eligibility. You must prove the following things to become eligible for medical misdiagnosis claims.
- Victims of misdiagnosis have received medical treatment from a doctor, hospital, or other medical institution.
- Medical negligence has caused severe injury and irreversible damage to the victim’s health.
- It is necessary that the misdiagnosis was due to a lack of skill and ignorance from the doctor.
- The victim must prove that the misdiagnosis has caused them damage and financial losses.
- Misdiagnosis compensation is only eligible for cases where negligence is proven.
- The victim must have faced psychological injuries and emotional distress due to the misdiagnosis.
- The compensation amount for medical misdiagnosis claims varies depending on the injury’s severity and losses due to misdiagnosis.
- Victims are sometimes eligible for punitive damages if they prove that negligence was deliberate.
How to Check Validity of Misdiagnosis
Once a misdiagnosis is suspected, it is essential to check the validity of this diagnosis to receive the proper care and treatment. Several steps need to implement to get justified medical misdiagnosis claims.
First, it is essential to obtain medical records about the diagnosis. These records should include all test results, lab work, physical exams, and other information used to reach the diagnosis. This information is requested from your doctor or healthcare provider.
Next, it is essential to seek a second opinion from another medical professional having expertise in the condition for which you were misdiagnosed. This medical professional can be a different doctor or specialist to review your records and offer an independent opinion.
It is also wise to research the condition you faced misdiagnosis with. The more information you have, the better you can decide to proceed to get medical misdiagnosis claims.
Finally, if it is determined that a misdiagnosis has occurred, then the Bolam test is used to check the validity of the diagnosis.
The Bolam test assesses whether or not a doctor’s diagnosis is considered “reasonable” and thus valid. It involves considering if other doctors in a similar situation provided the same care and treatment.
Getting Misdiagnosis Compensation on Behalf of Someone Else
Legally speaking, when it comes to filing medical misdiagnosis claims on behalf of someone else, there are things you need to remember. Firstly, the person affected by any medical negligence must have the legal capacity to bring their medical misdiagnosis claims.
It means they are must old enough to understand what they are doing. Also, they must have the mental capacity to make their own decisions. Suppose the person affected does not fit this criterion.
Then, in this case, a close relative or friend can file medical misdiagnosis claims on their behalf. For any compensation claim to succeed, you must provide evidence of negligence and damage resulting from that negligence.
Amount of Medical Misdiagnosis Claims
Quality and Availability of Medical Records
The quality and availability of medical records play a significant role in the accuracy of diagnosis. If patient information is incomplete and there are errors in the documentation, this can lead to medical misdiagnosis claims.
Prevalence of Diseases
The prevalence of certain diseases may also influence the number of medical misdiagnosis claims. If less is known about a particular condition, it will likely be misdiagnosed and overlooked entirely.
Doctor’s Experience
A doctor’s experience and expertise can significantly impact the accuracy of diagnosis. If the doctor is unfamiliar with a particular condition to diagnose it accurately, this can lead to mistakes.
Clinical Symptoms
Sometimes, clinical symptoms are misinterpreted and not taken seriously enough, resulting in a misdiagnosis.
Patient Communication
How a patient communicates is also an essential factor in the accuracy of diagnosis. If they cannot provide information about their symptoms, this may lead to medical misdiagnoses claims.
Time Limit to Get Medical Misdiagnosis
Regarding medical misdiagnosis claims in the UK, knowing there is a time limit for when you can make them is essential. In most cases, you must claim within the time frame when the wrong diagnosis is made.
Furthermore, if your illness has worsened over time due to someone else’s negligence, you can make medical misdiagnosis claims outside the time limit. However, seeking legal advice as quickly as possible is essential if you believe you have faced misdiagnosis. This is because there are certain exceptions regarding the time limit for making a claim.
We at Index Claims Experts have experience, as our name implies. Therefore, save time if you have faced medical misdiagnosis and contact us to get your medical misdiagnosis claims.
FAQs
Any mistake or negligence in medical treatment or procedure can harm the patient and lead to medical negligence claims. They can only occur in the NHS and private healthcare providers.
An example of medical negligence is anything from a prolonged diagnosis of a medical condition caused by unhygienic or improper procedures.
The time a medical negligence claim takes to settle can vary depending on the case and situation. Generally, it can take about 12 months. However, complex cases can take more time to settle.
