Delayed Treatment or Diagnosis: What Are My Rights?
Recent NHS figures show that nearly 100,000 cancer patients in the UK were diagnosed in an A&E department, which typically meant that the disease had already progressed to a more progressive and harder to treat stage. Late diagnosis, such as those identified in these cases can mean that patients often face more aggressive treatments and can significantly reduce the chances of successful treatment. In response to the continuing issues, the new Government is promising urgent investigations into the state of the NHS waiting lists, and new plans to help improve disease diagnosis and treatment waiting times.
Understanding your rights in cases of delayed treatment or diagnosis is crucial for seeking the answers and compensation you deserve. Below, our medical negligence team answers a few frequently asked questions on delayed medical negligence claims.
What Are the Common Reasons for Delayed Diagnosis
Delayed diagnosis can happen for several reasons, with some of the most common being due to
- Scan errors – misinterpretation of X-rays or scans
- Pathology errors – tissue samples and smears were wrongly interpreted by pathologists
- Poorly handled investigations – adequate investigation was not carried out
- GP errors – GPs failed to recognise symptoms and refer on for specialist advice
Regardless of the reason for a delay or misdiagnosis, errors due to negligence from a medical professional can lead to an advanced-stage diagnosis, requiring more aggressive treatments and potentially lower chances of survival.
How Do I Know If I Have a Claim?
If you or a loved one have experienced a delayed diagnosis that has significantly impacted your health, resulted in more extensive or invasive treatment or the chances of successful treatment and prognosis, you could be entitled to compensation. You could also be entitled to compensation if you have undergone unnecessary medical procedures due to misdiagnosis. Bridge McFarland LLP has a specialist medical negligence team that, once your case is accepted, will start a case investigation by requesting your medical records. Our in-house medical advisor will then thoroughly review your case. If he considers that there is a possible case to answer, we will then consult an independent medical expert. If that expert supports your claim, we fight your case and make your voice heard.
Will I Have to Attend Meetings?
An initial appointment can be held by attending one of our offices, during a home visit, on the telephone or virtually via Zoom or Microsoft Teams.
Throughout the duration of your claim, we will keep you updated every step of the way. You may have to be examined by medical experts and attend meetings with those experts and a barrister who specialises in medical negligence. The meetings can be held at locations that are convenient to you.
How Do I Start a Medical Negligence Claim?
To start a medical negligence claim, get in touch with our medical negligence team who can organise a free, no-obligation consultation. Our in-house medical advisor will assist in reviewing your case details so we can provide you with our recommendations on the chances of making a successful claim. We can then guide you through the legal process of starting a claim and what the next steps will be. Read our previous article for further information: How Can You Make a Medical Negligence Claim?
Medical negligence solicitors Lincolnshire and East Yorkshire
We have a nationally recognised team of medical negligence solicitors whose services are offered at all of our offices (Grimsby, Lincoln, Hull, Louth, Market Rasen and Scarborough) but who can also see clients elsewhere in the country.
If you think you may have a delayed diagnosis claim, contact us for a free initial consultation. Every case is different, and we would advise you to give one of our friendly team a call to discuss your matter confidentially and with no obligation. You can find out more information, including funding options, time limits, and types of claims, by reading some of our other Medical Negligence FAQs.
How Can I Get in Touch?
Medical negligence can cause significant distress to a person and their family and seriously affect their day-to-day lives.
If you or a loved one have suffered misdiagnosis or delayed diagnosis due to medical negligence, we can help you make a complaint or claim against a doctor and/or medical professional.
You can also visit our dedicated medical negligence website for more information.