Delayed Treatment Claims

Our expertise with claims for negligent delay in treatment

Our medical negligence lawyers regularly support clients all over England and Wales with a wide range of delayed treatment claims.

We are able to secure substantial compensation for our clients who have experienced a delay in medical treatment due to issues including:

• Misdiagnosis or late diagnosis of a medical condition
• Failure to order appropriate diagnostic tests or correctly interpret test results
• Failure to refer a patient to the appropriate specialist for treatment
• Negligent record-keeping
• Failure to follow up

In most cases, our years of experience and strong alternative dispute resolution skills mean we can resolve delayed treatment claims out of court. This means not only can you typically avoid the stress and uncertainty of a court hearing, it also typically allows us to resolve claims faster.

However, if court action is required to secure a fair result, our team is highly experienced in court proceedings, allowing us to offer the very best support and representation for pre-trial negotiations and during a court hearing.

Our team has been recognised by Chambers & Partners and the Legal 500, the two leading client guides to the legal profession, for our skill in handling negligence claims.

Further information about delayed treatment negligence

The following articles provide further information about specific issues related to delayed treatment and clinical negligence:

Why NHS delays could lead to a rise in clinical negligence claims

Cancer delays 'leave patients at risk'

The Symptoms of a Brain Tumour: Why Your GP May Miss the Signs

Our no win no fee delayed treatment claims service

Our conditional fee agreements (commonly called ‘no win, no fee’ claims) mean that your financial situation need never be a barrier to your ability to pursue compensation for negligent delays in treatment.

As long as our team consider your claim to have a reasonable chance of success, we can use a conditional fee agreement to allow you to avoid having to pay anything up front to start a claim. Instead, you will only need to contribute towards these costs if your claim is successful.

We will make the likely costs involved in pursuing your delayed treatment negligence claim clear from the outset, including how the final fees will be calculated.

What counts as a negligent delay in medical treatment?

For a delay in treatment to be considered negligent, we will need to be able to demonstrate that:

1. Errors were made that meant the care received fell below medically acceptable standards.
2. Those errors directly caused or contributed to delays in your treatment.
3. The delay in treatment caused damage to your health that would not have occurred if competent treatment had been provided promptly.

What evidence do you need to prove delayed treatment was due to medical negligence?

We normally rely on various types of evidence to demonstrate that medical negligence was a factor in treatment delays.

Types of evidence we typically rely on include:

• Medical records
• Witness testimony
• Evidence from independent medical consultants

Making sure this evidence is collected and presented in the right way and that all relevant details are uncovered requires a high degree of skill and experienced with these specific types of claims, so specialist legal guidance is a must.

How much compensation can you claim for delayed treatment negligence?

The level of compensation you can secure for delayed treatment negligence will depend on the severity of your injuries and what impact this has had on your overall health and lifestyle.

You can typically claim two different types of damages for negligent delays in treatment:

Special and future damages – for specific past costs incurred before the date of settlement e.g. paying for private medical treatment, lost income etc, as well as future losses and expenses, including private medical treatment and future loss of earnings.

General damages – for non-financial losses, e.g. pain and suffering and lifestyle changes

Our medical negligence solicitors will provide a highly accurate valuation for your delayed treatment claim at the outset, ensuring you have a clear picture of what compensation we may be able to secure for you.

Time limits for delayed treatment negligence claims

There are strict time limits for bringing any kind of medical negligence claim, including those related to negligent delays in treatment.

If you are bringing a claim for negligence delays in your own treatment, you will normally have 3 years to do so, either from the date the negligence occurred or the date you became aware of it.

If you are bringing a claim on behalf of someone under-18, time does not run until their 18^th birthday. They would then have a further 3 years to bring their own claim if this had not already been taken care of.

If negligent delays in treatment have lead to the death of a loved one, you will normally have 3 years from the date of death to bring a claim.

If you are bringing a claim for someone without the mental capacity to do so themselves, e.g. due to severe learning difficulties, there is no time limit to start a claim.

Get in touch with our expert delayed treatment claims solicitors today

To arrange your free consultation on starting a delayed treatment negligence claim, please call us on 0333 323 1640, email us at enquiries@ibbclaims.co.uk or use the contact form on the right to request a call back.