Delayed diagnosis claims

Making a delayed diagnosis claim

If you or a loved one have suffered a delayed diagnosis of an illness or injury, you may be entitled to compensation for the pain and suffering you have been through as a result. Delayed diagnoses can result from a number of situations and there is a range of circumstances which can lead to you being able to make a delayed diagnosis claim.

What is classed as a delayed diagnosis?

• Having to wait an unreasonable length of time for an appointment to see a GP, nurse or doctor, which causes a delay in diagnosis and therefore treatment.
• Your condition was originally misdiagnosed, which meant you had to wait longer for a correct diagnosis.
• It may be that if pregnant, your midwife failed to recognise symptoms of a condition from which you were suffering, or that the baby was at risk. This may mean there are grounds for a birth injury claim and/or midwife negligence claim.
• A GP or doctor fails to refer you to a specialist who is better placed to investigate your symptoms and provide a diagnosis.
• Where tests are undertaken to help in providing a diagnosis, test results may be delayed or incorrectly analysed, causing a delay in your being diagnosed.
• If you or a loved one have presented to an Accident & Emergency department at a hospital and you were not seen for several hours, or you were wrongly discharged without a diagnosis or with an incorrect diagnosis. Such a claim may be linked to a general hospital negligence claim.

The above is a list of possible circumstances leading to a delayed diagnosis but this is not an exhaustive list. If the circumstances of your diagnosis do not fit any of the above situations, but you feel your diagnosis was unduly delayed, call Blackwater Law medical negligence solicitors to find out if you may be entitled to delayed diagnosis compensation.

Specialist delayed diagnosis solicitors

Blackwater Law’s team of medical negligence solicitors act for clients across England and Wales, advising and representing them in making compensation claims relating to medical negligence. A significant number of the cases Blackwater Law are engaged with involve delayed diagnosis or misdiagnosis as a factor contributing to the negligence. The lawyers at Blackwater Law are therefore very experienced in this area.

The Legal 500 – a ranking for the UK’s best firms of solicitors – recognises the team at Blackwater Law as a ‘Leading firm’ for medical negligence claim advice.

You and your family can therefore approach Blackwater Law confident that you will receive some of the best legal advice available. If your case proceeds and Blackwater Law represent you in your claim for compensation, your medical negligence solicitor at Blackwater Law will work tirelessly to build you the strongest possible case and to secure you the maximum compensation possible.

No win, no fee delayed diagnosis claims

Blackwater Law undertakes all accepted cases of delayed diagnosis on a no-win, no-fee claim basis. You, therefore, need not be concerned about finances or paying legal fees. If your claim for compensation is not successful you will not owe Blackwater Law any money in legal fees or any other costs. Call us to find out more about our no-win, no-fee claim service and how this works.

How long do I have to make a claim for a delayed diagnosis?

For nearly all medical negligence claims, you have three years from the date of the incident to make a claim. If it only becomes apparent that negligence has occurred at a later date, then the three-year limit will begin from this date. It is usually not possible to start a claim if this time limit has expired.

There are some exceptions to this rule. If the person in question is under the age of 18, then the time limit will only begin once they turn 18. A claim can be brought any time before this.

If the person in question does not have mental capacity, then the time limit does not apply, unless they regain capacity in the future.

How much compensation could I receive for a delayed diagnosis?

The amount of compensation you are entitled to in a case of delayed diagnosis will be personal to your situation.

The amount you receive will vary depending on the lasting effects you suffer, as a result of a delayed diagnosis. The amount will also vary based on the impact that these effects have on your life, which will change from person to person.

For example, a person who is no longer able to work as a result of the effects of a delayed diagnosis will likely receive more compensation than a person who is able to continue working just as they did before.

Learn more about how compensation is calculated in our article.

Building evidence to support your compensation claim

In order for your case to be successful and for you to receive the maximum amount of compensation, Blackwater Law will establish a body of evidence in support of your claim. The exact nature of this evidence will depend on the particular circumstances of your case, but is likely to consist of medical reports that comment on your condition and how this could and should have been diagnosed; witness statements from medical professionals; care reports if your injuries mean professional care is required, and forensic accountant statements to determine loss of earnings and other losses if these exist in your case.

What conditions can receive a delayed diagnosis?

Any condition or ailment can receive a delayed diagnosis but this is more likely where the symptoms you are presenting to a doctor are common, or similar to symptoms associated with other conditions and illnesses. In these circumstances, it can be more difficult to diagnose your condition correctly in the first instance. This is not to say that it could or should not be diagnosed early.

Examples of conditions for which Blackwater Law solicitors assist clients in claiming compensation in relation include delayed diagnosis of heart attacks, diagnosis of stroke and delayed diagnosis or misdiagnosis of cancer, to name but a few. Injuries can also receive a delayed diagnosis, including leg injuries and fractures, spinal injuries, head injuries, brain injuries, neck injuries, arm injuries and shoulder injuries.

The impact of a delayed diagnosis

Delayed diagnosis of any of the above-mentioned conditions or injuries could have a significant impact on the effectiveness of any treatment eventually prescribed or recommended. It is also the case that for many serious health conditions, such as suffering from a stroke if there is a delayed stroke diagnosis this can be fatal for the patient. Even where it is not fatal, the delay in providing effective treatment can lead to life-limiting illness or disability that may have been avoided if a timely diagnosis had been provided. Similarly, delayed diagnoses of most forms of cancer can be either fatal or significantly reduce a patient’s life expectancy.

Claiming delayed diagnosis compensation can provide financial security for you and your family when you need it most.

Free initial advice on delayed diagnosis claims

Blackwater Law clinical negligence solicitors provide free initial advice to anyone considering making a delayed diagnosis claim for compensation. You can speak directly to one of our specialist solicitors and ask them any questions you may have about claiming.