This guide will explore when you might be eligible to make a clinical negligence misdiagnosis claim. Medically trained professionals owe their patients a duty of care. If this duty of care is breached, and you are caused avoidable harm, you might be eligible to seek compensation. We will explore the criteria for claiming in more detail throughout our guide.
Additionally, we will provide more details on the duty of care medical professionals owe their patients. We will also provide examples of how a medical misdiagnosis could occur.
Furthermore, this guide will explore how much medical negligence compensation you could receive following a successful claim. We will also discuss the evidence you can provide to support your case.
You may also be interested in working with a medical negligence No Win No Fee solicitor. We will discuss the benefits of these agreements further in this guide.
Although we have aimed to provide the information you need in our guide, we understand you might still have questions. If so, you can:
- Call us using the number above
- Fill out our ‘claim online’ form
- Ask your questions through the live chat feature below
Choose A Section
- A Guide On Clinical Negligence Misdiagnosis Claims
- How Can Misdiagnosis From Clinical Negligence Occur?
- Potential Compensation Payouts For A Clinical Negligence Misdiagnosis Claim
- What Evidence Do You Need To Support A Clinical Negligence Claim?
- Can I Make A No Win No Fee Medical Negligence Case?
- Learn More About Claiming For Medical Negligence
A Guide On Clinical Negligence Misdiagnosis Claims
An incident of medical misdiagnosis is when a medical professional fails to diagnose you with the correct condition. This can result in you receiving treatment for a condition that you do not have, which can worsen your original condition or you could experience complications from receiving the wrong treatment.
All medical professionals who have been medically trained owe you a duty of care. This means that they must provide care that meets the correct standard. If they fail to do so causing you to sustain avoidable harm, this is known as medical negligence.
To find out whether you’re eligible to seek compensation, get in touch. Our advisors are available 24 hours a day, 7 days a week, to provide you with free legal advice.
How Can Misdiagnosis From Clinical Negligence Occur?
Clinical negligence misdiagnosis can occur in multiple medical environments. For example:
- Your GP makes an error when reading your blood test results, resulting in misdiagnosis and providing you with an incorrect prescription.
- When you visit the hospital, the doctor may incorrectly diagnose you with a sprained ankle despite you exhibiting clear symptoms of a fracture. As a result, you suffer complications such as permanent deformity.
- You may be misdiagnosed with cancer. This can lead to you enduring rigorous cancer treatments that were not necessary.
However, it’s important to note that not all instances of misdiagnosis can form the basis of a valid claim. In order to seek compensation, you must prove that medical negligence caused you harm.
Call our advisors today to discuss your potential claim.
Potential Compensation Payouts For A Clinical Negligence Misdiagnosis Claim
When making a clinical negligence misdiagnosis claim, you can seek general damages to compensate you for the pain and suffering you sustained due to the harm you suffered as a result of medical negligence.
We have used guideline compensation brackets from the Judicial College Guidelines (JCG) in the table below to provide examples of general damage payouts for medical negligence claims. These figures are used by legal professionals to assist them in valuing general damages.
However, it is important to note that we cannot guarantee that you will receive the exact compensation figures above as every claim is assessed independently. For a more detailed summary of what your hospital negligence or other type of medical negligence claim may be worth, you can contact our advisors today.
| Injury | Compensation | Details |
|---|---|---|
| Very Severe Brain Injury (a) | £282,010 - £403,990 | The person needs care full time. |
| Moderately Severe Brain Injury (b) | £219,070 - £282,010 | The person has a very serious disability. |
| Kidney Injury (a) | £169,400 - £210,400 | Permanent and serious damage to both kidneys or both kidneys are lost. |
| Kidney Injury (b) | Up to £63,980 | The person is at risk of developing future urinary tract infections or they lose natural kidney function completely. |
| Kidney Injury (c) | £30,770 - £44,880 | One kidney is lost and the other is damaged. |
| Lung Injury (a) | £100,670 - £135,920 | A young person with a serious disability that gets progressively worse causing an early death. |
| Lung Injury (b) | £70,030 - £97,330 | Forms of lung cancer that cause severe pain, impairing quality of life. |
| Lung Injury (c) | £54,830 - £70,030 | Cases of emphysema causing a significant worsening of lung function as well as other issues. |
| Spleen Injury (a) | £20,800 - £26,290 | Loss of the spleen creates a risk of internal infection due to damage to the immune system. |
| Spleen Injury (b) | £4,350 - £8,640 | The risk of internal infection is not present or is minimal. |
What Else Could I Receive From A Medical Negligence Claim?
You can also seek special damages as part of your clinical negligence misdiagnosis settlement. This relates to any financial losses you’ve suffered because of the harm you sustained due to medical negligence.
Some examples may include:
- Loss of earnings, including future earnings
- Travel costs to hospital appointments
- Costs for domestic care
In order to claim these damages, you must provide evidence, such as receipts, bank statements and invoices, to prove what value your losses amount to.
What Evidence Do You Need To Support A Clinical Negligence Claim?
Any evidence you collect can be vital in strengthening your case. This will prove that the medical professional breached their duty of care and you suffered avoidable harm as a result. Evidence you can gather includes medical records from your doctor or the hospital where you received treatment. You may also be required to attend an independent medical assessment that can provide a report on the full extent of the harm you sustained.
In addition, the Bolam test may be carried out to determine whether you received with the correct standard of care. This is assessed by a group of relevantly trained medical professionals and their findings can be used as evidence to support your claim.
You can contact our advisors today to learn more about what evidence you can collect. They can also offer you free legal advice on the process of making a medical negligence claim, including the hospital negligence claims process. Call us today for more information.
Can I Make A No Win No Fee Medical Negligence Case?
Working with a No Win No Fee solicitor under a Conditional Fee Agreement (CFA) means you aren’t required to pay for the services your solicitor has provided if the claim you make is unsuccessful. However, if the claim is successful, a success fee will be paid to your solicitor from your compensation. This is taken as a percentage which is subject to a legal cap.
For more information on working with a solicitor from our panel of solicitors, you can get in touch with our team. They can also discuss whether you’re eligible to make a clinical negligence misdiagnosis claim. To learn more about making a claim:
- Call us using the number at the top of the page
- Fill out our ‘claim online’ form
- Use the live chat feature below
Learn More About Claiming For Medical Negligence
We’ve included some links that may provide further support after you sustained harm from medical negligence.
More of our guides are available to you here:
Thank you for taking the time to read our clinical negligence misdiagnosis guide. If you have any other questions, please get in touch with our team on the number above.
Writer Jess Away
Editor Meg Mooney
