Misdiagnosis – Do I have a Claim?

Misdiagnosis - Do I have a Claim?

Misdiagnosis - Do I Have a Claim?

Misdiagnosis

No one knows your body and mind like you do. You might not know the exact medical term, or understand what it is or how it happened, but sometimes you just know when something is not right. Your concerns are valid, and as you book in with a doctor, nurse, or specialist, they should be treated as such.

Unfortunately, it is often the case that instinct is ignored over intellect. Medical practitioners may dismiss your instinct and send you on your way home without an accurate diagnosis.

Your symptoms may not have been listened to properly, you may not have had a thorough examination, and medical practitioners may have failed to acknowledge your medical history. If there really was something wrong and you were not diagnosed properly, or even not at all, then you may be a victim of neglect from medical malpractice and misdiagnosis.

NHS Misdiagnosis

Insider (2022) reported of a young woman who was severely let down by doctors, who remained unconcerned with her discomfort, severe coughing, vomiting, and weight loss, saying it was all in her head and ‘nothing life-threatening’. Those doctors were wrong and the young girl found that she had a rare type of kidney cancer that had unfortunately spread to her liver, lungs, lymph nodes and bones. 

This one unfortunate case-study is already one too many, however many other people have found themselves in similar situations. Furthermore, the increase of virtual appointments since the start of the pandemic has been criticised as far worse for accuracy of assessment, leading to reports of misdiagnoses.

Negligence

In 2019, the Official Journal of the Society to Improve Diagnosis in Medicine found that vascular events, infections, and cancers account for 75% of misdiagnosis-related harms. Other medical conditions that are commonly misdiagnosed are broken bones, ectopic pregnancies, meningitis, diabetes, strokes, and epilepsy.

The Journal of Women’s Health found that younger women were found to be two times more likely than young men to be diagnosed with mental health when their symptoms pointed more to heart disease.

Diagnostic error is widely recognised as an unfortunately major source of preventable harm to patients. Misdiagnosing patients can have potentially negative adverse effects due to inappropriate medication or incorrect treatment.

There are two prominent types of medical misdiagnoses:

Wrong Diagnosis

  • Wrong Diagnosis includes instances where:
    • You’ve been misdiagnosed for something far less serious than your actual condition,
    • Where you have been given an incorrect diagnosis and have had to undergo unnecessary treatment or surgery,
    • When your diagnosis has caused you an unnecessary severe psychological reaction, such as wrongly being told you are terminally ill,
    • And finally, when you have not been diagnosed at all.

Late Diagnosis

  • Late Diagnosis
    • When your GP has failed to refer you for urgent tests or scans,
    • When your illness has spread to other parts of your body without detection,
    • Where medical practitioners have failed to interpret results correctly,
    • When treatment has been delayed and your condition worsens as a result.

Misdiagnosis can lead to delays in urgent and necessary treatment, which can lead to the development of a more serious condition. Tragically, some cases of delayed diagnosis can prove to be fatal to the patient. Meanwhile, the pain worsens, and your health is significantly deteriorating reducing your standard of living. Whilst we understand that the situation is extremely difficult for not only yourself, but your loved ones too, we seek to alleviate your suffering by getting you compensation to cover your financial costs. Compensation for medical diagnoses can cover a whole

  • diagnosis and have had to undergo unnecessary treatment or surgery,
  • When your diagnosis has caused you an unnecessary severe psychological reaction, such as wrongly being told you are terminally ill,
  • And finally, when you have not been diagnosed at all.
  • Late Diagnosis
    • When your GP has failed to refer you for urgent tests or scans,
    • When your illness has spread to other parts of your body without detection,
    • Where medical practitioners have failed to interpret results correctly,
    • When treatment has been delayed and your condition worsens as a result.

Compensation

Misdiagnosis can lead to delays in urgent and necessary treatment, which can lead to the development of a more serious condition. Tragically, some cases of delayed diagnosis can prove to be fatal to the patient. Meanwhile, the pain worsens, and your health is significantly deteriorating reducing your standard of living.

Whilst we understand that the situation is extremely difficult for not only yourself, but your loved ones too, we seek to alleviate your suffering by getting you compensation to cover your financial costs. Compensation for medical diagnoses can cover a whole range of things, including private medical treatment, rehabilitation, support, travel expenses to medical appointments, and even house and car adaptations. 

Furthermore, this compensation can make up for previous and future loss of earnings. If you have had an incorrect diagnosis in the last three years, you may be eligible to claim.

Claiming against the NHS

Claiming against the NHS for misdiagnosis may feel like a daunting process, but please do understand that you have both a moral and legal right to quality care and proper treatment. 

Some people may feel uncomfortable about ‘suing’ the NHS and taking it out of the services pocket, however awarded claims come from a specially allocated fund for misdiagnosis claims which is paid for by local NHS trusts. 

If you would like to speak to one of our experts contact DIYPI Team By getting in touch with us here.

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A No Win No Fee agreement, also known as a Conditional Fee Agreement (CFA) in the legal world, is an arrangement between a claimant and solicitor. In simple terms a ‘No Win No Fee’ arrangement means that you will not pay a fee if your claim is unsuccessful.

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