Medical Misdiagnosis Claims

Medical Misdiagnosis Claims FAQS

Below, we have answered some frequently asked questions concerning medical misdiagnosis claims

• What is a medical misdiagnosis claim?

  A medical misdiagnosis claim is a type of legal action that falls under the broader category of medical negligence. Specifically:

  1. Definition: It’s a claim made when a healthcare provider fails to correctly or timely diagnose a patient’s medical condition, and this failure results in harm to the patient.
  2. Key elements:
     • A doctor-patient relationship existed
     • The doctor failed to diagnose the condition correctly or in a timely manner
     • This failure was due to negligence (i.e., fell below the accepted standard of care)
     • The misdiagnosis directly led to harm or worsened the patient’s condition
  3. Types of misdiagnosis:
     • Wrong diagnosis (diagnosing an incorrect condition)
     • Missed diagnosis (failing to diagnose a condition)
     • Delayed diagnosis (diagnosing a condition later than it should have been)
  4. Purpose: The claim seeks compensation for damages resulting from the misdiagnosis, which may include additional medical costs, lost wages, pain and suffering, and in severe cases, funeral expenses.
  5. Legal process: These claims typically involve gathering medical evidence, obtaining expert testimony, and demonstrating how the misdiagnosis led to harm.
  6. Outcome: If successful, the claim may result in a financial settlement or Court-awarded damages to the patient or their family.

  It’s important to note that not every incorrect diagnosis constitutes grounds for a claim. The key is proving that the misdiagnosis resulted from negligence and directly caused harm.

• What are common examples of misdiagnosis?

  Common examples of medical misdiagnosis include:

  1. Cancer misdiagnosis:
     • Mistaking cancer for a benign condition
     • Diagnosing the wrong type of cancer
     • Missing early signs of cancer
  2. Heart attack misdiagnosis:
     • Mistaking symptoms for indigestion, anxiety, or muscle pain
  3. Stroke misdiagnosis:
     • Confusing symptoms with migraines or vertigo
  4. Infection misdiagnosis:
     • Mistaking serious infections like meningitis for less severe conditions
  5. Asthma misdiagnosis:
     • Confusing symptoms with bronchitis or recurring respiratory infections
  6. Lupus misdiagnosis:
     • Often mistaken for rheumatoid arthritis, fibromyalgia, or chronic fatigue syndrome
  7. Lyme disease misdiagnosis:
     • Symptoms often attributed to other conditions due to their varied nature
  8. Celiac disease misdiagnosis:
     • Often mistaken for irritable bowel syndrome or other digestive issues
  9. Multiple sclerosis misdiagnosis:
     • Symptoms can be similar to other neurological conditions
  10. Thyroid disorders misdiagnosis:
      • Symptoms often overlap with other conditions, leading to misdiagnosis
  11. Fibromyalgia misdiagnosis:
      • Often confused with rheumatoid arthritis or chronic fatigue syndrome
  12. Pulmonary embolism misdiagnosis:
      • Sometimes mistaken for pneumonia or heart attack

  These misdiagnoses can occur due to various factors, including similar symptoms across different conditions, rare diseases, time pressures, or inadequate patient history. It’s important to note that not all incorrect diagnoses constitute medical negligence. The key is whether the healthcare provider met the accepted standard of care in their diagnostic process.

• How long do I have to file a misdiagnosis claim?

  The time limits for filing a medical misdiagnosis claim are generally as follows:

  1. Standard time limit – three years. This is typically from either:
     • The date of the misdiagnosis, or
     • The date you became aware of the misdiagnosis (known as the “date of knowledge”)
  2. Exceptions:
     • For children: The three-year period doesn’t start until their 18th birthday. So they have until their 21st birthday to make a claim.
     • For mental incapacity: If the patient lacks mental capacity, there’s no time limit unless they regain capacity.
  3. Discretionary extension: In some cases, the Court may use its discretion to extend the time limit, but this is rare and shouldn’t be relied upon.
  4. Fatal cases: If the misdiagnosis resulted in death, the three-year period typically starts from the date of death or from when the family became aware that the death was due to negligence.

  It’s crucial to note that while these are the general rules, medical negligence cases can be complex. The specifics of when the “clock starts ticking” can vary based on individual circumstances.

  To ensure you don’t miss any critical deadlines, it’s advisable to consult with a solicitor specialising in medical negligence as soon as you suspect a misdiagnosis has occurred.

• What compensation can I receive for a medical misdiagnosis claim?

  Compensation for a medical misdiagnosis claim typically falls into two main categories: general damages and special damages. Here’s a breakdown of what you might receive:

  1. General damages:
     • For pain, suffering, and loss of amenity (PSLA)
     • Compensation is based on guidelines set by the Judicial College
     • Amount varies depending on the severity and duration of the impact
  2. Special damages:
     • Past and future financial losses directly resulting from the misdiagnosis
     • Can include:
       • a) Lost earnings
       • b) Medical expenses not covered by the NHS
       • c) Travel costs for medical appointments
       • d) Care costs
       • e) Necessary home or vehicle modifications
       • f) Aids and equipment
  3. Loss of earnings:
     • Both past and projected future losses if your ability to work has been affected
  4. Care and assistance:
     • Costs of professional care or compensation for care provided by family members
  5. Medical expenses:
     • Any private medical treatment, therapy, or rehabilitation costs
  6. Travel expenses:
     • Related to medical appointments or treatments
  7. Accommodation costs:
     • If you need to move or modify your home due to disability caused by the misdiagnosis
  8. Out-of-pocket expenses:
     • Any other reasonable expenses incurred due to the misdiagnosis

  It’s important to note that:

  • There are no punitive damages in medical negligence cases
  • Compensation is intended to put you back in the position you would have been in if the misdiagnosis hadn’t occurred
  • Each case is assessed individually based on its specific circumstances
  • There’s no standardised compensation amount for misdiagnosis claims

  The NHS Resolution (formerly NHS Litigation Authority) handles claims against the NHS, while private healthcare providers typically have their own insurers.

• How do I prove a misdiagnosis claim?

  To prove a medical misdiagnosis claim, you generally need to establish four key elements. Here’s how you can go about proving each:

  1. Existence of a doctor-patient relationship:
     • Provide medical records showing your visits
     • Present billing statements for medical services
  2. The doctor was negligent:
     • Demonstrate that the doctor’s actions fell below the accepted standard of care
     • Obtain expert testimony from other medical professionals in the same field
     • Show that a competent doctor would have diagnosed the condition correctly under similar circumstances
  3. The negligence caused harm:
     • Provide evidence that the misdiagnosis led to worsened health outcomes
     • Demonstrate how a correct diagnosis would have led to better treatment or outcomes
     • Show medical records indicating progression of the disease due to delayed treatment
  4. Specific damages resulted from the harm:
     • Present medical bills for additional treatments
     • Provide documentation of lost wages
     • Offer evidence of pain and suffering (e.g., personal journals, testimonies from family and friends)

  Additional steps to strengthen your case:

  5. Gather all relevant medical records:
     • Request complete copies of all your medical records
     • Include test results, doctor’s notes, and correspondence
  6. Document the timeline:
     • Create a detailed chronology of events from initial symptoms to correct diagnosis
  7. Collect witness statements:
     • Obtain statements from family members or friends who witnessed your condition
  8. Secure expert opinions:
     • Work with your solicitor to find medical experts who can review your case and provide professional opinions
  9. Demonstrate causation:
     • Show how the misdiagnosis directly led to specific negative outcomes
  10. Quantify your losses:
      • Calculate financial losses, including medical expenses and lost income
      • Document non-economic damages like pain and suffering

  Remember, the burden of proof in medical negligence cases is on the claimant (you). It’s crucial to work with an experienced medical negligence solicitor who can help you gather the necessary evidence and build a strong case.