Delayed Diagnosis

Delayed Diagnosis

For many illnesses and conditions, early diagnosis is essential to boost your chances of a full and fast recovery. When the medical professionals involved in your care fail to diagnose you or a loved one when they should have, you may be able to claim compensation for any harm to your health or quality of life.

Our team of medical negligence solicitors are specialists in delayed diagnosis compensation claims. We are ranked highly by the Legal 500 and Chambers & Partners – the two leading clients guides in the county – for our skills and expertise in this area.

We offer a free first consultation to new clients looking to start a delay in diagnosis claim and accept the majority of our clients on a no win no fee basis.  So get in touch by giving us a call, emailing enquiries@ibbclaims.co.uk or filling in our online contact form to request a call back.

How our delayed diagnosis solicitors can help you

Medical professionals are human and sometimes mistakes happen. However, if failures have occurred during the diagnostic process causing you or a family member unnecessary harm, you could be entitled to compensation.

As clinical negligence experts, we support individuals affected by medical errors day in day out. We understand the trauma and distress that falling victim to negligence can cause. In particular, we know how frustrating it is to be denied a diagnosis, sometimes for many years, when you know something is wrong. We regularly achieve substantial compensation for clients that covers physical and psychological pain and suffering as well as financial losses and damage to quality of life.

Our expertise includes (but is not limited to) claiming compensation for a delay in diagnosis for:

  • Cancer
  • Fractures
  • Infections
  • Sepsis
  • Diabetes
  • Eye problems
  • Orthopaedics
  • Testicular torsion
  • Stokes
  • Brain tumour

Medical diagnosis failures we deal with include:

  • Failing to diagnose over a long period of time (such as repeated GP visits)
  • Delayed diagnosis in Accident & Emergency where diagnosis and treatment is often time critical
  • Failing to read an X Ray or failing to spot an issue such as a fracture
  • Failing to refer to a consultant for diagnosis and treatment
  • Failing to prescribe medication at an appropriate time

Our no win no fee delayed diagnosis compensation claims service

We are happy to offer the majority of our clients no win no fee agreements (also called conditional fee agreements) so money need never be a barrier to getting the compensation you deserve.

At your initial consultation with us, we will discuss your claim’s prospects for success, your eligibility for our conditional fee agreement, and the terms of our agreement so you can make an informed decision about whether to start your claim with us.

How do no win no fee compensation claims work?

With a no win no fee agreement, you won’t have to pay any solicitor fees up front to start your claim. Instead, you will only need to contribute towards these fees, at the end of the case, if your claim is successful.

There may be other costs that arise throughout your case, such as the costs of third party experts. However, we will talk you through these costs before they are incurred so there are no surprises along the way. Furthermore, we can take out a policy of insurance on your behalf, so you do not have to pay for expert reports, court fees and other third party expenses.

Our success stories and more information about delayed diagnosis and misdiagnosis

We have a strong track record for achieving substantial compensation on behalf of individuals that fully reflects the pain, suffering and losses they underwent unnecessarily as a result of medical negligence.

Read about one of our many successful cases on our Real Life Stories page – we secured compensation on behalf of the delayed diagnosis, misdiagnosis and delayed treatment of a young woman with appendicitis..

You can also find more information about delayed diagnosis claims by reading the following articles:

Why choose IBB Claims for your delayed diagnosis claim?

We are specialists in making medical negligence claims on behalf of individuals across the country. Our delayed diagnosis solicitors have decades of combined experience and are proud to have helped countless individuals get their lives back on track after sustaining medical related injuries that were not their fault.

We can handle every aspect of your claim on your behalf. Our first step will be to have an initial meeting with you to discuss your prospects for success. We will always be completely open and practical about your chances and what compensation you could claim.

Our advice is always delivered in plain, understandable English so that you can make an informed decision about how you want the case to proceed. Our service will include drafting your letter of claim and witness statements, securing experts to give evidence on your behalf, negotiating settlement on your behalf and providing robust representation during any hearings or, more common, negotiations.

In the majority of our cases, we are able to use our negotiation experience to help individuals reach a settlement long before the case reaches court, saving you the time and stress of court proceedings. That being said, we will never encourage you to settle for less than you deserve. If necessary, we will take your case all the way to court to get the result that you are entitled to.

Every solicitor in our team is a member of the Association of Personal Injury Lawyers (APIL). We are recognised by the Legal 500 and Chambers & Partners – the leading clients guides in the country – for our expertise in handling personal injury cases. We are also members of the Law Society Personal Injury and Lexcel Accreditation schemes for our excellent standards of advice, client care and legal practice management.

Get in touch with our expert delayed diagnosis solicitors today

We offer a free first consultation to new clients looking to start a medical negligence claim.  So for expert legal advice on delayed diagnosis, get in touch by giving us a call, emailing enquiries@ibbclaims.co.uk or filling in our online contact form to request a call back.

 

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When can you make a claim for delayed diagnosis?

Errors do occasionally happen but for an error to become medical negligence, you must show that:

  • The care you received fell below the acceptable medical standard of care
  • The errors caused or contributed towards the delay in diagnosis
  • The delay in diagnosis caused you loss such as damage to your health and a lower quality of life
  • Your losses would not have occurred if you had been diagnosed properly within a reasonable timeframe

You can also make a claim on behalf of a loved one if they have died or been severely injured as a result of a delay in diagnosis.

What causes a delay in diagnosis?

Most delays in diagnosis come down to human error. Mistakes and delays can happen due to tiredness, inexperience, a lack of medical staff on duty, failure to follow proper processes, or lapses in judgment. Usually, medical negligence is a complete accident but nonetheless, as a patient, your medical professionals owe you a vital duty not to cause you any harm.

Where does delayed diagnosis happen?

You can receive negligent medical treatment in the course of any kind of care. Delayed diagnosis is common in Accident & Emergency (A&E) departments which are usually extremely busy and where prompt diagnosis and treatment is often time critical.

Delays in diagnosis can also happen in GP surgeries. For example, if a GP dismisses a patient’s symptoms, fails to recognise symptoms, or misdiagnoses a serious issue as a minor illness, sometimes over the course of several visits.

Similarly, in hospital, if administrative errors prevent test results or referrals from reaching the right places, or investigative treatments and surgeries are inappropriately delayed, this could also amount to negligence if the delays have a negative impact on your health and quality of life.

What can I get compensation for?

It depends upon the exact circumstances of your case, but you could get compensation for things like:

  • Pain and suffering
  • Loss of quality of life
  • Loss of earnings and earning capacity due to being unable to work or forced to take time off work
  • Previous and ongoing medical expenses
  • The costs of care and home adjustments
  • Travel expenses for travelling to and from medical appointments

We can provide further advice upon discussing the particulars of your case and your expectations for compensation.

What are the time limits for making a claim for delayed diagnosis?

The general rule is that you have three years from the date of the medical negligence to make your claim. This may be from the date your diagnosis was delayed. However, it is much more likely that you only became aware of the negligence once the harm was caused. In this situation, the three year clock will start ticking from the date you became aware of the negligence or reasonably could have become aware (for example, the date you were diagnosed with a serious illness that could have been prevented with an earlier diagnosis).

There are a few exceptions to this limitation rule:

  • Children – if you need to make a claim on behalf of a child, the three year timer does not start until they turn 18 years old. You can start a claim any time before then
  • Vulnerable adults – if you need to make a claim on behalf of someone who lacks mental capacity (for example, someone with severe learning difficulties or dementia), there is no time limit unless they later regain capacity
  • Deceased people – if your loved one has died as a result of delayed diagnosis, the three year timer starts from the date of their death
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