Thankfully, most personal injury claims are relatively straightforward, with data suggesting over 95% of According to research featured by BMJ Journals, 1 in 18 patients in primary and secondary care are affected by misdiagnosis in the UK.
This may not sound like much. But considering there are over 340 million GP consultations in this country annually, this data suggests that potentially millions of people are being regularly misdiagnosed.
This makes the role of clinical negligence solicitors all the more prevalent. Those making a misdiagnosis claim will need robust legal backing to ensure that justice is done and that a fair claim payout is received when negligence is proven beyond doubt.
If you fear you’ve been misdiagnosed and that this has caused your health problems to worsen over time, or it has caused you significant physical or emotional distress, St Helens Law is on your side. Our team of medical negligence lawyers have years of experience helping people just like you, so get in touch with our expert team today, or keep reading to learn more.
What Qualifies as Medical Misdiagnosis?
In the context of UK law, instances of ‘medical misdiagnosis’ are often broken down into distinct categories for clarity:
Wrong diagnosis
This is where a healthcare professional, usually a doctor, identifies you as having a specific condition or illness – though this identification is wrong. As a result, you may undergo treatment that is of no realistic help to you, while the actual problem remains untreated and left to get worse. A stroke, for example, is a commonly misdiagnosed condition, as it shares similar symptoms to a migraine in many cases.
Delayed diagnosis
This is where the condition or illness you’re suffering from is finally identified, though not in a timely manner. Such delays often cause issues to progress, potentially leaving you with more pain and suffering to contend with. Or, in a worst-case scenario, a recovery may not be possible. For instance, cases where there has been a severe and irreversible decline due to a cancer misdiagnosis.
Missed diagnosis
This is when a doctor fails to identify your condition, even though you’re presenting symptoms that should, under normal circumstances, prompt a proper diagnosis. Unfortunately, missed diagnoses often lead patients to go without essential treatment that would improve their chances of better health.
Am I Eligible to Sue the NHS for Misdiagnosis?
If a medical professional failed to give you the correct diagnosis and you’ve suffered as a result, you will be able to sue the NHS and claim compensation. However, clinical negligence law dictates that you must meet the legal criteria first.
You must be able to prove:
- The NHS did not meet the duty of care you were owed as a patient.
- This duty was breached because you did not recieve an acceptable standard of medical care, leading to a misdiagnosis.
- Your condition worsened as a result of the misdiagnosis.
You’re also against the clock if you wish to claim for a misdiagnosis; the law says you must place a claim within 3 years of learning or suspecting that you were misdiagnosed. If the patient is under 18, this 3-year period only begins once they turn 18.
How the Medical Misdiagnosis Compensation Claims Process Works
Selecting a Medical Misdiagnosis Solicitor
If a medical negligence claim is the route you wish to explore, it’s essential to have the right solicitor in your corner. Many sufferers of misdiagnosis opt for a solicitor who works on a no-win-no-fee basis. This means you won’t need to pay any legal fees at all if your claim is unsuccessful – that’s exactly what you can expect when working with St Helens Law.
Then, our job begins. We’ll work hard to obtain any relevant medical records pertinent to your claim, including documentation from your GP, hospitals, clinics, and any other healthcare providers you’ve visited.
Submitting Documents to Medical Negligence Experts
After gathering every piece of evidence at our disposal, we’ll employ the services of independent medical experts with experience in the specific fields relevant to your case. They will:
- Review your medical records.
- Give an opinion on whether medical negligence was present.
- Assess the severity of the consequences of misdiagnosis.
- Determine the impact the misdiagnosis will have on your future.
We’ll also gather any witness statements, along with evidence of financial losses if you’ve suffered any.
Letter of Claim
If the independent expert confirms your claim to be eligible and legitimate, we’ll draft a formal letter of claim to the NHS Trust detailing your case and the basis for the claim. Then, the relevant Trust has four months to respond.
NHS Investigations Begin
After receiving the letter of claim, the NHS will then conduct its own investigation. Once that has concluded, they will respond to the letter by either accepting full liability or partial liability, requesting more information, or denying the claim outright.
Admission of Liability and Negotiation
If the NHS accepts liability for your misdiagnosis, it’s then our job to quantify your damages and produce a justifiable settlement figure, before negotiating with the NHS Trust directly.
This sounds like a scary and complex process. But, in reality, the vast majority of claims are settled without things needing to go further. In the 2023/24 period, 81% of all clinical claims were settled out of court, according to the NHS Resolution Report. If the NHS denies liability, we will initiate court proceedings on your behalf while also continuing to negotiate.
Formal Settlement
If court proceedings are avoided, we’ll produce a final settlement figure (minus any interim settlement payments you may have received), and documents will be signed by both parties to confirm your indisputable right to the claim.
We’ll then work to ensure you receive your settlement as quickly as possible.
How Much Could I Claim for Misdiagnosis?
This depends entirely on the specifics of your situation, including the nature of your misdiagnosis, what conditions/ailments were misdiagnosed, and the fallout of the mistake.
If you’re looking for a ballpark figure, you could use a misdiagnosis claim calculator – there are plenty available online, and they only require a few details to offer a figure. Though it’s important to remember that these numbers are not set in stone, and only your medical misdiagnosis solicitor will be able to provide a concrete figure further into the process.
Need to Sue the NHS for Misdiagnosis? Choose St Helens Law
If you believe you have been misdiagnosed and that this has impacted your life negatively, and you’re ready to make a claim, St Helens Law is the team for you.
We’ll listen to your story intently and offer our expert advice on whether you have a medical misdiagnosis claim. If you do, we’ll work diligently to ensure you walk away from your claim with medical misdiagnosis compensation that’s suitable to your circumstances.
Speak to the medical negligence solicitors at St Helens Law today to get things moving with your NHS misdiagnosis claim. Or, if you need to claim for negligent treatment from a private healthcare provider, we’re still ready and waiting to help.