Living in the UK, we have access to the NHS and private medical care that is considered to be some of the best in the world. While many patients will never encounter a problem with the care that they receive, sometimes things can go wrong, which may result in you or a loved one receiving a medical misdiagnosis.
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Medical misdiagnosis can cause significant harm, as it can lead to the incorrect treatment, a delay in treatment or a failure to administer treatment at all. This can contribute significantly to the deterioration of an illness or injury. At Hampson Hughes, we can look at every circumstance surrounding any medical misdiagnosis claims and our expert legal team can listen to the circumstances of your case, assess your legal options and offer advice through any claims process.
From the first day you contact a medical misdiagnosis solicitor at Hampson Hughes, we’ll help you look at your case and explore the best way forward for any possible claim, as we have done for many clients in Liverpool, Manchester, London and indeed across England and Wales, establishing a strong track record of expert care.
What types of Medical Misdiagnosis claims are there?
There are several key aspects of a misdiagnosis claim that our medical misdiagnosis solicitors are able to talk you through. The first, is called a ‘breach of duty’, which means that the medical treatment that you received fell below the expected standard of a competent and skilled medical professional. The second, is ‘causation’ which means the negligent medical care that you received caused you harm. There are a number of different types of medical misdiagnosis claims that can come about due to an error from a medical professional. We can discuss these with you in more detail, but some of the most common cases include:
Misdiagnosis of Cancer: Receiving the news that you have been diagnosed with cancer can be devastating. If your cancer has been misdiagnosed, or you have been diagnosed with cancer later than you could have been, you may be able to claim compensation by speaking with a medical misdiagnosis lawyer who can offer you expert advice. Our team has experience in helping those who have suffered due to a misdiagnosis of cancer and will deal with your case sensitively and with the utmost care. Our solicitors are skilled in handling a wide range of cancer misdiagnosis cases, ensuring you the best chance of a successful claim.
Misdiagnosis of a Stroke: Early intervention when suffering a stroke is vital. A delay in diagnosis and treatment can be life-changing and can sometimes be fatal. If doctors have failed to recognise the symptoms and warning signs of a stroke, delivered late treatment or incorrect treatment, or a loved one has suffered in any way through the misdiagnosis of a stroke, you should contact a specialist medical misdiagnosis solicitor.
Misdiagnosis of Fracture: Misdiagnosis claims come in many different forms and our team of expert solicitors understand that a misdiagnosis of a fractured or broken bone can have severe consequences for the person who has suffered it. Misdiagnosis of a fracture, or incorrect treatment of a fracture can have an effect on the recovery period and whether surgery can be avoided.
A bone that is fractured but diagnosed too late, or treated in the wrong way, may never heal correctly, leading to unnecessary pain and discomfort, and possibly an avoidable surgery, which can impact on daily life, including the ability to work effectively. Our solicitors have represented many individuals in making medical misdiagnosis compensation claims with regards to a misdiagnosed fracture.
Who can you make a Medical Misdiagnosis claim against?
Medical misdiagnosis claims in England and Wales can be made against a range of medical facilities and professionals including:
Private Medical Facility
The NHS Resolution is the body that most commonly represents the NHS against medical misdiagnosis claims made against it. Very few cases that are handled by the NHS Resolution end up going to court; most cases are usually settled outside of court, with our team of expert medical misdiagnosis solicitors ensuring that you have the best possible chance of a successful outcome.
This outcome MAY provide a substantial amount of compensation in relation to your misdiagnosis and the impact it has had on your life. For private medical facilities, their insurance company will usually handle a misdiagnosis claim. We have a team of experienced medical negligence solicitors who have handled cases in both private and NHS related matters.
What is the time limit on a Medical Misdiagnosis claim?
For most medical negligence claims, including those involving medical misdiagnosis claims, there is a 3-year time limit to make a claim from the misdiagnosis (or in some cases from the moment you become aware of the medical misdiagnosis). Exceptions to this rule can include:
In some cases, the time limit can be taken from the moment the patient first became aware of the misdiagnosis
Patients of medical misdiagnosis who were under the age of 18 at the time (they have 3 years from their 18th birthday to contact a medical misdiagnosis solicitor and make a claim, though a suitable adult can bring a claim on their behalf before they turn 18)
Patients who lack mental capacity
If you are unsure of whether you are eligible to make a misdiagnosis claim under these time limits, it is advisable to contact our team by phone, email or online contact form and we will be able to give you more specific feedback on the exact legal circumstances of your possible claim.
How much does a Medical Misdiagnosis claim cost?
Taking on legal representation in the form of a No Win No Fee claim is available for many medical misdiagnosis claims. Contact a medical misdiagnosis lawyer here at Hampson Hughes and we will be happy to discuss a CFA (conditional fee agreement) with you. We can also advise you on relevant insurance policies that may cover the legal cost for such a claim, another way to protect your financial interests. With a No Win No Fee claim, in the vast majority of cases, costs can be recovered from the defendant, meaning no costs will be paid if a claim is lost.
How do I find the right Medical Misdiagnosis Solicitor?
When it comes to finding the right medical misdiagnosis lawyer for your claim, you will want to be sure that you are working with experts in the field. Medical misdiagnosis claims can be complex, with the legal team at Hampson Hughes able to offer a great deal of experience in assisting clients who have suffered misdiagnosis, delayed or wrong treatment and other types of medical negligence claims.
Our legal expertise and strong track record give you the best chance possible of a successful claim, supporting you from initial consultation through to evidence gathering and on to negotiating compensation. Please contact our medical misdiagnosis claims team today by calling 0151 236 1222 or email us [email protected] and we’ll be able to discuss your potential claim in further detail.
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