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How Much Compensation Can You Claim from a Misdiagnosis?

 

By Features Desk

 

Wednesday, August 21, 2019.

 

It’s only natural that most of us put our complete faith and trust into what our doctors say, however, what you may find surprising is that in just one year, over 1,300 patients filed and won compensation claims because of being misdiagnosed, resulting in a hefty £194 million price tag to the NHS. Unfortunately, mistakes and clinical negligence do occur from time to time, so if you have been misdiagnosed, you may be wondering how much compensation you can get. Here is a guide to clinical negligence and how much compensation you can claim for.

Types of Clinical Negligence

There are several types of clinical negligence claims that you must know about first. These are total misdiagnosis, wrongful diagnosis, and delayed diagnosis. Total misdiagnosis is when a medical professional doesn’t identify the symptoms of an existing illness or condition correctly. It goes without saying, without the right diagnosis, the patient will not receive the right treatment, resulting in the condition getting worse. A wrongful diagnosis is caused by a medical professional wrongly identifying a patient’s condition, meaning that they undergo treatment that wasn’t needed. 

A delayed diagnosis occurs when the symptoms shown by the patient are not identified and diagnosed at the right time, causing the patient’s illness to get progressively worse, and only being diagnosed once it has reached an advanced stage. This means that the patient will suffer unnecessarily. 

How Medial Misdiagnoses Happen

Medical misdiagnoses can occur for all sorts of reason, such as a medical professional not doing thorough research into the symptoms presented by the patient or because the doctor did not carry out the correct tests that could have identified the disease earlier.

Claiming Compensation

If you are experiencing pain and suffering that could otherwise have been avoided, you may be able to claim compensation for your troubles. Whether you’ve been given a total misdiagnosis, a wrongful diagnosis, or a delayed diagnosis, it’s important to act as quickly as possible. There are specific limitations in place when filing a compensation claim. Generally, you will need to make your claim within three years of the date you were misdiagnosed. 

Calculating the Compensation Claim

It’s important to note that the amount you will receive from your medical negligence claim will vary. There are all sorts of factors that need to be taken into consideration first, such as the nature of your illness, the pain and suffering you have had to go through because of your misdiagnosis, the length of your recovery time, as well as the severity of your injury. 

There are two types of damages that you can claim for in medical negligence claims which are general damages (compensation for pain and suffering you have experienced), and special damages (directly due to the medical diagnosis). You may want to consider using a solicitor for medical negligence who can help you with your claim. There is also advice provided by the NHS for claimants

If you have been misdiagnosed, it’s crucial that you make a claim. If your misdiagnosis has caused you unnecessary pain and suffering, or your quality of life has severely declined, you’re well within your rights to claim compensation for your troubles.

 

 



How Much Compensation Can You Claim from a Misdiagnosis?

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