When we visit a GP or consultant with symptoms, we put our trust in them to identify if there’s anything wrong. If there is, it’s right to expect that we’ll get the proper treatment as soon as we need it. But sometimes warning signs are ignored, a wrong diagnosis is made or an illness or condition is spotted too late.
When this happens as a result of negligence, the law gives us the right to make a claim against the medical professional or institution involved. So, if a patient suffers a delay in treatment because of a late diagnosis, a wrong diagnosis or isn’t diagnosed at all, they may have a valid claim for compensation.
Misdiagnosis claims
Health professionals responsible for making a diagnosis, whether they work for the NHS or privately, are expected to carry out their duties to the required standard. If they don’t, the patient who suffers as a result can claim compensation.
Misdiagnosis claims fall into three broad categories:
- The diagnosis wasn’t made soon enough, causing a delay in treatment
- The diagnosis was wrong, possibly resulting in improper treatment
- The diagnosis was totally missed
To bring a successful claim, it has to be proved that the misdiagnosis was negligent. This means that the failure or delay to diagnose can’t be considered reasonable and was a failure to act in accordance with accepted practice. What counts as accepted practice is based on the role of the healthcare professional – a nurse is judged according to the skills expected of a nurse, a GP of a GP and a consultant according to the skills expected in their specific field of medicine.
We often decide to see a doctor because we’re unwell, which can make misdiagnosis claims particularly complex when it comes to proving that it caused an avoidable injury. This means it’s necessary to get the opinion of experts who are up to date with advances in medical science. For example, our ability to map the stages of cancer and other conditions are constantly improving. This can help us to identify when a diagnosis should have been made and the impact a delay in diagnosis would have.
Misdiagnosis claims: how can we help?
We understand that the consequences of misdiagnosis can be devastating. We’ll work with you to figure out exactly what happened, when it happened and who was responsible. We’ll help you build a strong case, backed by expert evidence, demonstrating that you wouldn’t have suffered your injury had you been properly diagnosed. We’ll also make sure you claim the maximum amount of compensation you’re entitled to.
Medical negligence: why choose us?
We have helped people all over England, Wales and Northern Ireland win compensation for a wide range of negligent medical treatment by doctors, nurses, consultants and local health boards. This isn’t always decided in the court room. We will always look to settle a case before it gets that far by agreeing an amount of compensation that will be paid. But where that’s not possible, we will fight your case in the courts.
You don’t need to worry about the expenses involved in bringing a claim. Our medical negligence solicitors offer a variety of funding options, will be upfront about the costs involved and take on medical negligence cases on a no win no fee basis.
Contact our Misdiagnosis Claims Lawyers Liverpool, UK
Get in touch with an expert medical negligence lawyer at Emerald Law by calling us today on 0333 3052 844 or simply complete our online contact form and one of our experienced first response team members will get back to you.