When we visit our GP, hospital, or walk-in centre, we expect to receive an accurate diagnosis and appropriate treatment. Unfortunately, an incorrect diagnosis can lead to you getting the wrong medical treatment, or none at all. This can have a plethora of negative impacts on your health, from allowing your condition to progress to causing new forms of harm. To sue for a delayed diagnosis, you will need to provide evidence showing how you were avoidably harmed from receiving substandard care.
Key Points
- Negligent delays may result from healthcare professionals misinterpreting symptoms or test results, or failing to make a specialist referral.
- Delays could affect the diagnosis of conditions such as lung disease, bowel cancer, cardiac issues, and infections.
- A negligent delay in treatment or diagnosis of cancer may result in the need for more aggressive treatment, lower survival rates, and reduced life expectancy.
- You can claim as a public or private patient, so long as the harm related to your delayed diagnosis was unnecessary.
- If you have suffered harm which could have been avoided, a No Win No Fee solicitor from our expert panel could assist you.
Our advisors are on hand to listen to you, highlight the ways in which a medical negligence solicitor from our panel could assist you, and provide compassionate support. Putting your health and well-being front and centre, they can help you to access support and rehabilitation services, as well as connect you to a solicitor.
We are here to help you
Here at How To Sue, our expert advisors are on hand 24 hours a day 7 days a week to assess your compensation claim. Should you require free legal advice we can connect you to a specialist solicitor.
Jump To A Section
- How To Sue For A Delayed Diagnosis
- What Could Lead To A Diagnosis Being Delayed?
- How Much Delayed Diagnosis Compensation Can Be Sued For?
- Time Limits For Suing After Diagnosis Was Delayed
- What Is Needed To Sue For Delayed Diagnosis?
- Why Sue For Delayed Diagnosis With Our Panel Of Expert Solicitors
- How To Sue For Delayed Diagnosis On A No Win No Fee Basis
- More Information
How To Sue For A Delayed Diagnosis
To sue for a delayed diagnosis, you need evidence showing that you suffered avoidable and unnecessary harm due to substandard treatment provided by a medical professional. This is called negligence and may be established by meeting the criteria below:
You Were Owed A Duty Of Care
Patients are automatically owed a duty of care when receiving treatment from a medical professional. This means doctors and other healthcare providers have a responsibility to provide care in line with minimum expected standards.
This Duty Was Breached
Next, you must provide evidence showing that the medical professional in question breached their duty of care to you. In the case of a delayed diagnosis, this might involve demonstrating that your healthcare provider failed to take your symptoms seriously or misinterpreted a test result.
You Were Avoidably Harmed
Finally, you must show that the breach caused avoidable harm. The delay may have worsened your condition or caused additional physical and psychological damage. For example, a delayed cancer diagnosis may have allowed the disease to progress and spread to other organs.
Guidance published by the National Institute for Health and Clinical Excellence, or by individual professional bodies, may be used to assess whether professional healthcare standards have been met.
Can Delayed Diagnosis Be Sued For On Behalf Of A Loved One?
Yes, delayed diagnosis can be sued for on behalf of a loved one under 18 or with limited mental capacity, provided they were avoidably harmed due to negligent care. Individuals who belong to one of these categories cannot pursue a claim without an eligible adult acting as their litigation friend.
Please get in touch with our advisory team to learn more about how to sue for delayed diagnosis, whether for yourself or a loved one.
What Could Lead To A Diagnosis Being Delayed?
Diagnostic errors, administrative mistakes, and healthcare providers’ failure to take patients’ symptoms seriously are examples of negligent care that can delay diagnosis. Below, we look at specific circumstances that might lead to a valid medical negligence claim:
- Failure to refer to a specialist – a doctor dismisses the early symptoms of breast cancer as mastitis and does not refer you to a specialist. The late diagnosis means you require more aggressive cancer treatment, resulting in a mastectomy.
- Misinterpretation of tests – you undergo testing after presenting with a persistent cough. The doctor misinterprets the results that indicate lung disease and concludes you have asthma. This delays your diagnosis, leading to lasting respiratory damage and long-term depression.
- Misdiagnosis – you present to your GP with severe pain and noticeable swelling in your leg. The doctor misses a serious fracture by failing to provide an adequate physical examination. Instead, they incorrectly diagnose your injury as a sprain. This delay results in permanent damage and prevents complete healing.
- Administrative errors – your doctor refers you for testing for possible prostate cancer. You do not receive a letter notifying you of the specialist appointment (as it is not sent by the relevant department), and you do not attend. As a result, your condition progresses and becomes untreatable.
A member of our advisory team can explain how to sue for a delayed diagnosis at your convenience. So, please reach out today for free, confidential advice.
How Much Delayed Diagnosis Compensation Can Be Sued For?
How much delayed diagnosis compensation that can be sued for depends on the level of unnecessary harm suffered, its daily impact, and related financial losses. Solicitors may use the guideline compensation brackets published by the Judicial College Guidelines (JCG) to help them place a value on general damages. This part of medical negligence compensation covers a claimant’s pain and suffering.
You can find a selection of figures taken from this resource below. This table does not guarantee compensation for medical negligence, and the highest-valued entry is not from the JCG.
| Harm | Severity | Damages |
|---|---|---|
| Multiple forms of severe harm and special damages, compensating for lost income, medical costs, and care bills | Most severe forms of harm | Up to £1,000,000+ |
| Paralysis | Tetraplegia, compensation may be impacted by age, residual movement, and insight | £396,140 to £493,000 |
| Brain | Severe, with some ability to follow basic commands | £344,150 to £493,000 |
| Sight | Total loss of sight | Around £327,940 |
| Epilepsy | Established grand mal, award may consider behavioural problems | £124,470 to £183,190 |
| Bowels | Function totally loss, with colostomy reliance (age dependent) | Up to £183,190 |
| Bladder | Control seriously impaired, with some incontinence and pain | £78,080 to £97,540 |
| Leg | Severe (iii) serious, including comminuted or compound fractures | £47,840 to £66,920 |
| Knee | Moderate (i), including ligament tears and dislocations | £18,110 to £31,960 |
| Achilles tendon | Moderate, involving partial ruptures or significant tendon injuries | £15,370 to £25,710 |
Can Financial Losses Be Sued For After A Delayed Diagnosis?
Yes, financial losses can be sued for after a delayed diagnosis if they directly result from the unnecessary harm you experienced. These losses are covered by a head of claim known as special damages.
Some common examples of financial losses include:
- Medical expenses, such as prescriptions and private surgery (or other treatments).
- Therapeutic and rehabilitation services, like counselling and physiotherapy.
- Lost income, including workplace entitlements (e.g., pension contributions). Special damages can also factor in any future impact on earnings.
- Domestic care and support, such as that provided by a loved one or a professional carer service.
- Travel expenses incurred for medical or legal appointments.
You must provide financial records proving your losses so that they can be taken into consideration for your claim. Learn more about how to sue for a delayed diagnosis by chatting to one of our advisors today.
We are here to help you
Here at How To Sue, our expert advisors are on hand 24 hours a day 7 days a week to assess your compensation claim. Should you require free legal advice we can connect you to a specialist solicitor.
Time Limits For Suing After Diagnosis Was Delayed
The time limit for suing after a diagnosis was delayed is generally set at 3 years under the Limitation Act 1980. This can begin on the date on which medical negligence occurred, or when you became aware of the substandard care.
There are also exceptions in which the time limit may begin on a later date. You can find out about this by reading through our guide to the limitation period, or by talking to an advisor.
What Is Needed To Sue For Delayed Diagnosis?
Your medical records, copies of correspondence with healthcare providers, and other evidence will likely be needed to sue for delayed diagnosis. Medical records can highlight any failings that delayed a diagnosis, such as misinterpreted test results or a failure to refer you to a specialist.
You can read more about the evidence needed to claim compensation in our dedicated guide or by talking to an advisor.
Why Sue For Delayed Diagnosis With Our Panel Of Expert Solicitors
By choosing to sue for delayed diagnosis with our panel of expert solicitors, you can benefit from their experience supporting clients through the medical negligence claims process. They can handle the complexities of the claims process, reducing your burden as much as possible. With this compassionate support, you can stay focused on what truly matters: moving forward and healing.
Some of the benefits of making delayed or incorrect diagnosis claims with our panel can include:
- Clear and concise explanations of the process of claiming after a delayed diagnosis.
- Help with accessing support services for different medical conditions.
- Gather and review the evidence needed to substantiate your claim for a negligently delayed diagnosis.
- Regular updates throughout your claims journey.
- Negotiation with the opposing party to secure the best possible settlement for you.
Our advisors and solicitors understand that medical misdiagnosis claims can leave you feeling overwhelmed. That is why they are on hand 24 hours a day, 7 days a week to provide the support you deserve. Get in touch today to find out more about how to sue for a delayed diagnosis.
How To Sue For Delayed Diagnosis On A No Win No Fee Basis
A solicitor from our panel could support you in suing for a delayed diagnosis on a No Win No Fee basis through the use of a Conditional Fee Agreement (CFA). Under this, you are not liable to pay any service fees to your legal representative at the following stages of the claim:
- In advance of the claim.
- As your case moves forward.
- If you do not win your claim.
If you are successful, your solicitor will take a legally capped percentage of your compensation. The solicitor will fully explain this success fee from the outset, ensuring you understand that the largest share of the compensation will go to you.
Contact Our Advisors To Begin
To begin your claim today or learn more about suing for a delayed diagnosis, please contact our advisors by:
- Phoning 0800 408 7827.
- Sending a message via our live chat.
- Filling out our contact form.
More Information
Find more information on clinical negligence claims in these resources:
- Learn about cancer misdiagnosis claims.
- Find out how to sue the NHS for medical negligence.
- Check how to sue for the wrong medication.
Resources:
- View NHS Resolution’s archive of freedom of information (FoI) requests about failures and delays in diagnosis and treatment.
- See how the General Medical Council (GMC) sets good medical practice standards for healthcare professionals.
- Read about obtaining health records from the NHS.
Please reach out today if you have any questions about the process, and thank you for reading our guide on how to sue for a delayed diagnosis.