No matter what your ailment is, your doctor should take your diagnosis seriously. A medical misdiagnosis could severely impact your standard of life. Although your health specialist cannot be right 100%, there are times when they get it wrong that it could leave you in a life-threatening situation. Don’t let a medical misdiagnosis be the bane of your existing. It’s time for you to take back control of your future and claim compensation with the help of a trained medical injury solicitor.
The different forms of medical misdiagnosis
You are reliant on medical professionals to make informed decisions about your illnesses and ailments. If you leave illnesses and problematic conditions for too long then your doctor can only do so much. However, there are cases where they may get it completely wrong. There are three main forms of a medical injuries that you could claim compensation for:
If any of these have happened to you then you could be able to claim compensation. However, you will need to prove that the lack of care, or potentially the wrong type of care, hurt you or caused irreparable damages (i.e. additional complication), especially if you have been refused medical treatments that could have helped improve your life.
However, you may feel conflicted because of the amount of care that did go into your treatment. True, you may have had the best care and a kind and caring doctor, but if they did end up doing more harm than good, it is worth pursuing compensation to help you with any additional costs or living expenses.
Case Study Example: Misdiagnosed Migraines
If you are currently suffering due to a medical injury, you may feel too tired and stressed to try and follow up for compensation. But you need to remember that claiming compensation is your right. You deserve to recover in comfort.
Let’s have a look at our case study below to discuss why he was due compensation.
As you can see, one simple medical misdiagnosis can lead to devastating consequences. Due to being misdiagnosed with migraines, this outcome affected Danny’s:
- Financial Situation (i.e. being able to go to work)
- Quality of Life
Before, Danny was able to support himself and lived a reasonably independent life. However, after he did not receive the appropriate treatment, he began to depend more and more on his family. This can have severe mental consequences and in some cases leads to depression and anxiety. No one wants to feel like they look bad or feel constantly exhausted from doing day-to-day tasks. If Danny received the correct treatment then he may have had a better outcome.
The fact that there could have been a better outcome proves that there has been an area of care that has been neglected. Several diagnoses were made and yet it wasn’t until the very end that his condition was correctly addressed. If the time had been used wisely then Danny could have ended up in a different situation. This is why he clearly had a compensation case on his hands.
If you have been placed in a similar situation then you need to have an experienced medical negligence solicitor to help you with your case. These cases can get very complicated, therefore it would be wise to have the advice of an experienced lawyer to help you avoid any types of pitfalls that could invalidate your medical negligence compensation claim.
The Basics of a Medical Misdiagnosis Claim
If you think that you have a compensation claim, then it is important that you fully understand your rights. That way you know what you are entitled to and, more importantly, what you could get with a medical misdiagnosis claim. If you were fully aware of the risks of your operation, this could mean that you are not entitled to compensation. However, if you are a victim of negligence, you could claim thousands with a successful case.
Whether you have suffered a personal injury at the hands of a medical expert, at work or even due to a motorcycle accident, you deserve to be compensated for your injuries. These injuries can change your life for the worse, especially if you are forced to rely on other people to maintain your “independence” and sense of daily routine. Don’t be a victim. Instead, file for the compensation that you deserve.
Things you cannot do with a medical negligence compensation claim
Whilst it is important to be following UK Government procedure about raising a health claim against the NHS, there are some things that you cannot do. You need to realize that despite the trauma and strong emotion you may be experiencing, a clinical negligence claim is solely about claiming compensation. You cannot:
- Have a healthcare professional disciplined
- Change the work procedures for either a hospital or healthcare unit
- Make the medical professional apologize to you
If you are going to compile a compensation case against the NHS, it will most likely be handled by the NHS Resolution (NHSR). Most of these cases handled by the NHSR are out of court or end up being dropped. Make sure to speak to your lawyer about how you would like to proceed with your claim. In some cases, they may be willing to offer compensation if you do not move your legal claim to court. Instead, they will document it and keep it on their database.
Were you the Victim?
Before you move forward with your claim, think carefully whether or not your case will stand up in court. You need to prove that you were the victim of medical negligence, instead of being the victim of an unsuccessful medical treatment. During 2017/2018, the NHS paid outs its highest compensation to the Lewisham & Greenwich NHS trust. This was to settle 33 claims at an overall £24,568,884. Whilst you will not be owed this amount of money, you could still claim a figure that can support you through a difficult period of time. If you truly have been a victim of a misdiagnosed medical issue, this can help you get through the worst of your issues, especially if you require assistance for the rest of your life.
A successful medical claim will show that the negligence of medical staff resulted in your suffering, the worsening of your original medical issue or even financial troubles. These cases can become quite complicated. You will be judged on:
- Your level of hardship
- The treatment you received
- If any misdiagnoses were made by your medical practitioner
Originally, a misdiagnosis case depended on the “Bolam Test.” This would determine whether the treatment the victim received was below reasonable standards of care. However, this has now been expanded to include “informed consent.” In other words, the victim did not receive all the information required from the practitioner to make an informed decision about undergoing treatment. The claimant did not understand all of the risks, therefore was injured as a result.
Loss of Wages
When you discuss how much you could be due in compensation, it is important to remember that your claim covers more than just your injuries. If you were unfairly dismissed or did not received statutory sick pay (SSP) then this could mean you could file for compensation. This is because if the accident had not happened, you would not have a reduced standard of living. If your claim is successful then the medical practitioner has a duty of care towards you. They must maintain your standard of living and quality of life.
Remember you have the right to:
- Make a complaint that is fully investigated.
- Know the outcome of this investigation.
- Contact the Parliamentary and Health Service Ombudsman if you feel like you are being unfairly treatment.
- Claim compensation if you have been mistreated or had your medical affairs worsened due to negligence.
How to move forward with a medical negligence claim?
Our specialist medical injury experts in Manchester are here to help you with your compensation claim. All of our Gowing Law Solicitors work on a ”no win-no fee” basis. We can also offer you free advice and a consultation to steer you in the right direction. If you need any support then our solicitors will be here to guide you. Medical negligence cases can be some of the most complicated cases in the court system. That’s why you should not undergo them alone. Our solicitors can help you understand all of the legal jargon and what sort of compensation you are due.
All you need to do is fill out a contact form on our medical negligence page and we will set up a consultation. You can also contact our staff directly at 0800 041 8350 or email us at firstname.lastname@example.org. Feel free to also use our direct messaging system on our contact page!
Want to read more of our law blogs?
If you are still interested in learning more about the law, feel free to keep scrolling through our blog. We keep it updated with the latest law information. That way, if you have a claim then you can understand precisely how you can go about it. The topics in our blog include information about PPI tax, immigration Visas, writing a will and much, much more!
We hope you enjoy reading our latest blogs. Please let us know if you have any law topics you want us to write about. Our law writers would be more than happy to oblige!