Have you or a family member suffered as a result of an undiagnosed health condition or been given an incorrect diagnosis? If so, you could be entitled to misdiagnosis compensation.
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Medical misdiagnosis is when negligent medical care or treatment results in you being diagnosed incorrectly or late and being further injured or harmed as a result. It's sometimes possible to bring medical misdiagnosis claims for compensation if this happens to you or a loved one.
When any of us are unwell, we rely on medical professionals to diagnose the problem. Sadly medical advisers can make mistakes, and unfortunately these mistakes can have devastating effects on people's lives, sometimes even fatal consequences.
Medical misdiagnosis falls under clinical negligence and can involve a wide variety of circumstances, yet often they are split into two categories.
The first category is where a condition or illness is completely missed or undiagnosed by your medical advisor. For example, you may have visited your GP over a number of years with a variety of health problems and your doctor has failed to notice and diagnose your illness.
The second category is when your GP makes an incorrect diagnosis, an example being you have fractured your leg and your GP or medical advisor diagnoses the injury as a sprain. In extreme cases GP misdiagnosis can also involve someone being told they have a tumour when in truth they do not have one.
Some examples of medical misdiagnosis claims Forbes Solicitors are experienced in are:
Misdiagnosis can also involve the prescription of incorrect drugs or treatments that can potentially have harmful effects on an individual.
Aside from the physical implications of medical misdiagnosis, you may have suffered extreme psychological trauma if you were incorrectly told you have an illness, as coming to terms with a life threatening illness is extremely stressful and traumatic.
If you have been misdiagnosed and told you have a life threatening illness when in fact you do not, this can be terribly upsetting.
If you have suffered physical or emotional harm due to medical misdiagnosis Forbes Solicitors can help you obtain compensation for any injuries or psychological damages. As experienced medical misdiagnosis solicitors, we can offer expert advice at every stage of your claim.
Our clients well-being is always at the heart of everything we do, making sure every case is handled with the upmost amount of compassion and care. We fight on your behalf to ensure you receive the maximum compensation available every time and offer support all through your claims process.
Making a claim for misdiagnosis can sometimes be a daunting prospect. Below, we answer some of the common questions that our clients ask about this type of compensation claim. If you can't find the answer to your questions here, please don't hesitate to get in touch with our dedicated clinical negligence team. You can also ring us on 0800 689 3206.
Dealing with the loss of someone in your family is always difficult and this can feel even worse if you're not exactly sure what happened or if you believe that the death could have been prevented. If you were the spouse or dependent of someone who has passed away as a result of medical misdiagnosis, we may be able to help you make a compensation claim. No amount of money can bring your loved one back, but it can help with some of the financial burdens that a family death can cause and help to provide some future security.
If your child is under the age of 18, has been misdiagnosed by a medical professional and has suffered as a result, it may be possible for you to make a misdiagnosis claim on their behalf. They are not legally allowed to do so themselves until they reach 18 years of age. If the misdiagnosis has meant that your child requires additional care, equipment or support, the compensation that you may be awarded, if your claim is successful, can help to pay for this, both now and in the future.
Whilst there can be some exceptions, you will usually need to make a compensation claim for misdiagnosis within three years of when you were misdiagnosed. If you're claiming on a child's behalf, there is no time limit until they reach 18 years of age. At this point, the three-year limit applies. If you're claiming on the behalf of a loved one who died as a result of medical misdiagnosis, you must claim within three years of the date that they passed away.
The amount you can claim for with medical misdiagnosis will depend on a number of factors, including how severely you have been injured by the misdiagnosis and the costs of your care in the future. A cancer misdiagnosis compensation amount may be very different to the sum you could be awarded for the misdiagnosis of a less serious condition.
For example, with cancer misdiagnosis compensation claims, where the clinical negligence meant that your condition and prognosis were significantly negatively affected by the delay in the correct diagnosis being made and treatment started, the amount you may be awarded will take this into account.
Other factors may include the strength of the evidence that you have about the misdiagnosis and the extent of the negative impact that it has had on your health and life in general. There aren't just physical considerations; medical misdiagnosis can also have a bit impact on you psychologically too. This can also be taken into account when assessing how much a medical misdiagnosis claim might be worth.
The vast majority of this type of claim are settled before the case goes near the Courtroom. As we always look out for your best interests, we usually try to settle your claim at as early a stage as possible. However, if your case does go to court, we will guide you through the entire process and be there to offer you expert advice and support, every step of the way.
At Forbes Solicitors, we are experienced in this type of claim, so we are in a great position to ensure that the evidence needed for your medical misdiagnosis claim is gathered and presented in a way that will maximise the chances of the best possible outcome for every client. We put you are the centre of everything we do, ensuring that you're kept fully informed about every stage of the process and what to expect next.