In this guide, we will explain the steps you could take to make a delayed diagnosis claim. When a medical diagnosis is delayed, it could cause you harm, such as pain and suffering or a worsened prognosis. If the harm was avoidable and was caused by a doctor breaching their duty of care, you could be eligible to make a medical negligence claim.
Every medical professional owes their patients a duty to provide them with the correct standard of care. If they fail to provide this and, as a result, cause a patient avoidable harm, this is called medical negligence.
As we move through this article, we will explain the process of making a medical negligence claim and what evidence you could obtain to support your case. Also, we will discuss the benefits of entering into a No Win No Fee agreement with a solicitor and how much medical negligence compensation you could be eligible to receive should your claim succeed.
You can continue reading for more information. Alternatively, you can speak to one of our advisors at any time for free and confidential legal advice. If you have any questions while reading this guide, they are available to provide answers. To get in touch you can:
- Call our helpline on 0800 408 7827
- Contact us via our online form
- Use the live chat feature on this page to speak to an advisor immediately.
Choose A Section
- What Is The Definition Of A Delayed Diagnosis?
- Causes Of A Late Diagnosis
- What Could I Do If I Get A Late Diagnosis?
- Valuing Compensation For A Delayed Diagnosis
- How Do I Get A No Win No Fee Lawyer?
- Further Information About Delayed Diagnosis Claims
What Is The Definition Of A Delayed Diagnosis?
A delayed diagnosis occurs when an illness or injury is not diagnosed in a reasonable amount of time and, therefore, is left untreated. Alternatively, you could be given a misdiagnosis leading to you receiving the wrong treatment. This can delay you receiving the correct diagnosis and treatment. As a result of this, you could suffer from harm ranging from minor to severe and life-threatening. For example, if a GP failed to diagnose cancer and it spreads to different areas of the body, it could become terminal.
A late diagnosis is not always caused by a medical professional failing to provide the correct standard of care. For example, a doctor could do everything within their power to diagnose your illness or injury, but you do not relay all of your symptoms, leading to a delayed diagnosis. In this case, you would not be eligible to make a claim.
Below we will provide the criteria of eligibility that must be met to bring forward a medical negligence claim:
- First, a medical professional must have breached their duty of care by failing to provide you with the correct standard of care.
- Then, as a result of this breach, you must have suffered avoidable harm.
Delayed Diagnosis Statistics
The NHS Resolution annual report and accounts show that in 2021/22, the estimated cost of claims arising from incidents that occurred was £13.3 billion for the Clinical Negligence Scheme for Trusts (CNST), which is an increase from the £7.9 billion reported for 2020/21.
Causes Of A Late Diagnosis
As previously mentioned, a medical professional must have failed to provide you with the correct standard of care, which resulted in a delayed diagnosis and caused you unnecessary harm, in order to claim. Below we have provided some examples of how a medical professional could breach their duty of care leading to a late diagnosis:
- A medical professional could misread an MRI scan that clearly shows a person has abnormal cells, which could be cancerous, and sends them home without further testing or treatment. After this, the patient discovers that they did have cancer and it has now progressed to a later stage.
- A patient clearly explains all of their symptoms to a GP, which fits an illness. However, the GP ignores their symptoms and sends them home without a diagnosis or a plan for any tests.
Please speak to a member of our team to learn more about making a doctor negligence compensation claim for a delayed diagnosis.
What Could I Do If I Get A Late Diagnosis?
If you have received a late diagnosis, it is important to seek medical attention for the harm this has caused. After this, you should begin to gather evidence to support a medical negligence claim. This could include:
- Prescriptions – Showing the medication you’ve been prescribed.
- Medical records – Showing the harm you have suffered and any required treatment.
- Diary of symptoms – Documenting the harm you have suffered and its progression.
You could also benefit from seeking legal advice if you want to pursue a medical negligence claim. Our team of advisors are on hand to offer advice for free on the evidence you could use to strengthen a claim following a delayed diagnosis.
Valuing Compensation For A Delayed Diagnosis
There are two potential heads that could make up a settlement following a successful medical negligence claim for a late diagnosis:
- General damages – under which you can be compensated for the physical or psychological harm you have suffered as a result of medical negligence.
- Special damages – under which you can be compensated for the past and future financial losses resulting from the harm caused by medical negligence.
The table below uses the Judicial College Guidelines (JCG), updated in 2022, to provide guideline compensation brackets for different types of harm. Medical negligence solicitors can use the JCG to help them calculate settlement amounts under general damages. Please remember that these figures are a guide and not an exact representation of what you will receive.
| Harm | Compensation Brackets | Notes |
|---|---|---|
| Injuries Affecting Sight (b) | In the region of £268,720 | Total blindness. |
| Injuries Affecting Sight (c)(i) | £95,990 - £179,770 | The person will have lost sight in one eye and have reduced vision in the other eye. Also, there will be a serious risk of further deterioration in the remaining eye, which is more severe than some risk of sympathetic ophthalmia. |
| Kidney (a) | £169,400 - £210,400 | Within this bracket, the person will have permanent serious damage to or have lost both kidneys. |
| Kidney (c) | £30,770 - £44,880 | The person will have lost one kidney but there will be no damage to the other. |
| Reproductive System: Female (a) | £114,900 - £170,280 | Within this bracket, the person will have become infertile, with sexual dysfunction, severe anxiety and depression, scarring and pain. This will either have happened as a result of injury or disease. |
| Bowels (b) | Up to £150,110 | The person will depend on a colostomy as there will be a total loss of natural function, depending on age. |
| Lung Disease (b) | £70,030 - £97,330 | The person will typically be older. They will have lung cancer, which causes severe pain and impairment of both their quality of life and function. |
| Bladder (c) | £63,980 - £79,930 | There will be a serious impairment of control with some incontinence and pain. |
| Reproductive System: Male (d) | £56,080 - £71,350 | The person will be young and have no children. They will have an uncomplicated case of sterility without aggravating features or impotence. |
| Spleen (a) | £20,800 - £26,290 | The person will have lost their spleen, and there will be a continuing risk of disorders and internal infection due to damage to the immune system. |
Furthermore, you could be eligible to receive compensation under special damages. This may cover the following:
- Loss of earnings
- Medical expenses
- Travel costs
- Care costs
You should gather evidence of any costs you intend to claim reimbursement for under special damages. This could include payslips, receipts and travel tickets.
Please speak to a member of our team to find out whether you could be eligible to receive delayed diagnosis compensation.
How Do I Get A No Win No Fee Lawyer?
It is not a requirement to use the services of a legal professional when making a medical negligence claim for a delayed diagnosis. However, it may prove beneficial, as a solicitor can assist you in gathering evidence and navigating the claims process.
Furthermore, choosing to use a No Win No Fee medical negligence solicitor under a Conditional Fee Agreement (CFA) can help you to fund their services. This generally means you will not pay any upfront or ongoing fees for a solicitor’s services. Nor will you pay for these in the event your claim is unsuccessful.
Alternatively, in the event your claim is successful, a solicitor under a CFA will take a small percentage of the compensation, referred to as a success fee. The law caps this amount. Therefore, a solicitor will not overcharge you. They will also discuss all costs before you enter into the agreement.
Please contact our team of advisors for an assessment of the validity of your claim. Should they find that you could be eligible to bring forward a medical negligence claim, they may put you in contact with one of the No Win No Fee solicitors from our panel.
Start A Delayed Diagnosis Claim
To start a delayed diagnosis claim, speak to a member of our team. Our team of advisors are available 24 hours a day, 7 days a week, to provide free and confidential legal advice at a time that suits you.
To get in touch you can:
- Call our helpline on 0800 408 7827
- Contact us via our online form
- Use the live chat feature on this page to speak to an advisor immediately.
Further Information About Delayed Diagnosis Claims
Below we have provided links to more guides from our website to help you learn more about making a medical negligence claim:
- Can I Claim Compensation For Delayed Treatment?
- Medical Misdiagnosis Compensation Claims
- Types Of Medication Errors In Healthcare And How To Claim Compensation
Additionally, we have provided some external links for you to explore:
- General Medical Council – Good medical practice
- GOV – NHS Constitution for England
- GOV – Statutory Sick Pay (SSP)
Thank you for reading this guide to delayed diagnosis claims. To make an enquiry, please use the contact details provided above.
Guide by AD
Editor NM