Misdiagnosis

misdiagnosis

Why Choose the Medical Mistake Helpline?

• No Win No Fee
• No hidden charges
• Over 13 years experience
• Specialist solicitors
• Professional friendly service
• Call for free on 0800 092 1364 (0333 200 4720 on a mobile)

Is this you?

  • Did a doctor, consultant or other health professional wrongly diagnose or fail to diagnose a condition or illness that you were suffering from?
  • Were your symptoms investigated in an inappropriate or incorrect manner, meaning that the true extent and nature of your illness or condition was only realised at a later stage?
  • Did you fail to receive the correct form of treatment for an illness or medical condition because of a misdiagnosis?
  • Have you experienced additional pain and discomfort due to the misdiagnosis of a medical condition or illness, or have your prospects of a full recovery been affected

If any of these apply to you, then we may be able to help you with a No Win No Fee claim for compensation.

For free, no obligation advice. Please call us on 0800 092 1364 or fill in the form and we’ll call you back.

Who are we?

mmhWe are an award winning team of solicitors who specialise in medical negligence claims. We use our many years of experience and knowledge in this area to file claims with doctors and other health professionals or their insurers. Using our specialist knowledge of personal injury, medical and negligence law, we prove and value our clients’ injuries and successfully negotiate maximum settlements. We submit written complaints, detailing every allegation and are successful in most of our cases.

How much am I entitled to?

If you can successfully prove that a doctor, consultant or other health professional misdiagnosed or completely failed to diagnose your illness or condition, then you can seek to claim compensation for any additional pain, suffering and loss of amenity that has been caused. The impact that the misdiagnosis has had on your future health prospects is also taken into account when determining the level of compensation you will receive.

The amount of any potential claim will depend upon the severity of the problem. We can investigate and advise you upon the value of your potential claim…

You can also seek to recover any financial losses that have been incurred already or which may arise in the future. A common example is loss of earnings, but also includes things such as the cost of any additional treatment required.

The amount of any potential claim will depend upon the severity of the problem. We can investigate and advise you upon the value of your potential claim.

If we are able to take on your claim, we would obtain any relevant medical records and then ask a private medical expert, who specialises in the relevant medical field, to prepare a comprehensive report on the treatment you have received and diagnosis given.

This report will detail the history of your treatment and diagnosis, identify the problems caused and comment on any future complications that may arise or future treatment that may be necessary. We can then advise you on the value of your claim based upon the contents of this report.

The amount of a potential claim is illustrated by the following cases;

Mr L from Gloucester – Claiming £150,000

He attended his GP surgery after he had been suffering from a hoarse voice for a few weeks. He was diagnosed with laryngitis and sent home. His symptoms did not improve and he therefore returned to a see a different GP approximately 7 weeks later.

At this stage, an urgent referral was made for Mr L to attend hospital for further investigation. Scans and other tests revealed that he was suffering from a tumour in his vocal cords. He developed an obstruction in his airways as a result of this and required surgery to remove his larynx and vocal cords. His speech is now aided by a vocal prosthesis.

He approached us for advice and assistance. We obtained all of his medical records and asked a private medical expert to comment on the treatment he had received. It was concluded that this had fallen below the standard of what could be reasonably expected. If his GP had made an earlier referral, he may not have suffered from the obstruction to his airways and it may have been possible to save his voice. The case is ongoing and compensation of £150,000 is being claimed.

Mr C from Merseyside – Claiming £150,000

He had been receiving treatment for a heart condition for several years and attended his GP surgery when he developed chest pains and shortness of breath. He was told that these symptoms were asthma related and was prescribed an inhaler.

A few days after this diagnosis, Mr C was taken to hospital by Ambulance due to severe chest pains and breathing difficulties. He suffered a heart attack and spent three days in an intensive care unit. He has now been left with additional damage to his heart which could potentially reduce his life expectancy.

We are acting on his behalf in a claim for compensation for negligent treatment. We have obtained specialist evidence from a private medical expert who believes the heart attack could have been prevented if he had been referred to a hospital for investigation and treatment at an earlier stage. The case is ongoing and compensation of £150,000 is being claimed.

Ms M from London – Claiming £100,000

She attended several appointments with her regular GP for a persistent earache over a period of approximately 18 months. On each visit, the GP advised her that she had an ear infection and prescribed ear drops. She sought a second opinion from an alternative doctor as her earache had worsened over the period and was immediately referred to hospital for further tests.

She was diagnosed with cancer and had to undergo surgery, which necessitated removal of a section of her jaw. She has had to undergo further surgery to reconstruct her jaw and is receiving continuing radiotherapy treatment.

We have obtained medical evidence which states she may not have required such extensive surgery and treatment had her condition been diagnosed sooner. We are currently acting on her behalf and are claiming compensation of £100,000.

What do we charge?

We offer an absolute and guaranteed No Win No Fee agreement, it’s that simple. If successful, we take a fee of up to 20% (plus 4% VAT) of the award of compensation, absolutely no more. If unsuccessful, our clients pay us nothing.

About misdiagnosis claims

When people seek medical advice or treatment, it is often the case that they are unaware of either the cause or extent of the symptoms they are suffering from.

Trust is therefore placed in doctors, consultants and other health care professionals to investigate and accurately diagnose injuries, illnesses and other medical conditions…

For example, if pain to the ankle is experienced following a fall, it may not be immediately apparent whether this pain is due to a sprain or something more serious such as a fracture.

Trust is therefore placed in doctors, consultants and other health care professionals to investigate and accurately diagnose injuries, illnesses and other medical conditions. It is important that the correct diagnosis is made at the earliest opportunity because this will allow the patient to receive the most appropriate form of treatment in a timely manner.

In the majority of cases, there will be no issues with the diagnosis and subsequent treatment of a patient’s condition, injury or illness. However, on occasions mistakes can be made which can lead to a misdiagnosis and the effects and the consequences of this can potentially be serious.

A misdiagnosis can occur in a number of ways. It may be the case that a doctor or other health professional misses an illness or condition altogether. This can potentially occur if the patient’s symptoms are not fully investigated or if the results of scans, x-rays and test results are misinterpreted.

A patient can also be misdiagnosed if told they are suffering from an illness or condition which is in fact different to the one that affects them.

If a doctor, consultant or other healthcare professional fails to properly diagnose an illness or medical condition, then their actions may have fallen below the standard of what is reasonably expected. In such situations, we may be able to assist you in bringing a no win, no fee claim for compensation. Doctors and other healthcare professionals typically have indemnity insurance to cover the cost of such claims.

There are many examples of when a misdiagnosis can occur including;

  • Missed fractures
  • Late diagnosis of cancer
    Failure to treat infection
  • Undiagnosed kidney or liver failure
    Misdiagnosed heart conditions
  • Missed Perforations (to appendix etc)

Amongst many others.

The effect of a misdiagnosis, however it may have occurred, is that the patient may not receive the correct or necessary form of treatment for their illness or condition. This can mean that recovery is either delayed or incomplete. For example, if a fracture is treated as a sprain for a month before being properly identified then there is the potential that the break may not heal as well as it otherwise could have.

A misdiagnosis may also mean that certain illnesses and conditions progress and become more severe due to the fact that they are left untreated. It is often the case that the sooner a patient receives treatment, the better the outcome. This is particularly the case with illnesses such as cancer or where the patient is suffering from a condition affecting a vital organ such as the heart or liver.

A delay in treating such illnesses and conditions has the potential to cause more long term problems to the patient and, in extreme cases, could even be fatal.

If you feel that a doctor, consultant or other health professional misdiagnosed your illness or medical condition and you have suffered as a result, then please telephone for free, without obligation advice. You can reach us on 0800 158 3869 or fill in the short enquiry form on the right and we’ll call you back.

FAQs

Do you consider claims against both the NHS & Private Hospitals & Practices?

Yes. All doctors, consultants and health professionals are required to meet the same professional standard in the treatment and care they provide to patients. It therefore makes no difference whether you are an NHS or private patient.

If you are concerned about the potential misdiagnosis of an illness or condition by any health professional, then please contact us for advice and potential assistance.

Who is responsible for a misdiagnosis? My GP or the Hospital?

This will largely depend upon where the treatment was given and where the diagnosis was made. We can consider potential claims against both GP practices and Hospitals.

We can obtain copies of all the relevant medical notes and advise you as to whether we believe you have grounds for claiming compensation and, if so, against who this should be made.

How much am I entitled to?

If you can successfully prove that your illness or condition has been misdiagnosed, then you can seek to claim compensation for any additional pain, suffering and loss of amenity that has been caused. The impact that the misdiagnosis has had on your future health prospects is also taken into account when determining the level of compensation you will receive.

The amount of any potential claim will depend upon the severity of the problem. We can investigate and advise you upon the level of your potential claim.

Can I claim if my treatment is ongoing?

Yes. We can consider matters both where the treatment is ongoing and where the treatment concluded several months, or even years ago.

We advise you to seek advice and assistance at the earliest opportunity as time limits apply on bringing a claim.

Can I claim on behalf of a relative?

Ordinarily, the claim will need to be made by the person that has suffered from the misdiagnosis. However, we will be able to speak to you if that person consents to us doing so.

If the person who suffered from the misdiagnosis has passed away, then the potential claim can still be brought by that person’s appointed representatives. If this situation applies, then please contact us and we will talk you through the process in further detail.

What do we charge?

Since our firm was established, we prided ourselves on our clients receiving 100% of their compensation. As solicitors, we claim our legal fees from our opponents on top of any compensation and therefore, we gave the guarantee that our clients receive 100% compensation.

However, following Government changes and the introduction of the Legal Aid, Sentencing and Punishment of Offenders Act which came into force on the 1 April 2013, we are now not able to recover all of our legal fees from our opponent and therefore only on successful cases, we do make a small charge from our client’s compensation.

Therefore, if you are successful in your claim there will be a charge of up to 20% (plus 4% VAT) of your compensation. If for whatever reason, you are unsuccessful we will make no charge for our work and therefore our agreement remains a no win, no fee agreement. We think our small deduction is very competitive and keeping in the tradition of ensuring clients get the maximum, and as much of the compensation as possible.

What if my claim has already been rejected?

We will still look at this for you. We have taken on and been successful in claims that have previously been rejected.

Will I have to fill out loads of paperwork?

No, we will be able to do most of the necessary paperwork for you and we can obtain any relevant medical records on your behalf. You will have to check the details of your claim before it is submitted, but we will assist you with this.

What do I do now?

Call us on 0800 092 1364 or email us. There is absolutely no obligation to proceed and if you tell us what’s happened, we will briefly explain if we think you have a claim and the procedure for filing a claim and the time limits that apply.

 

Make a no obligation enquiry now

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