Misdiagnosis claim solicitors

Misdiagnosis claim solicitors

For finding answers and getting justice

When a medical condition is misdiagnosed, you can face devastating consequences. It may delay recovery, worsen the condition or lead to death in some circumstances. You might go through treatments that are uncomfortable, painful and unnecessary. Alternatively, you might not get the treatment that you vitally need. Whatever the outcome, if your health got worse because your condition wasn’t diagnosed correctly, we can help.

At Switalskis, we know that a misdiagnosis can cause more than just physical harm. It can lead to false hope, disappointment in the medical professionals you trusted, and other devastating emotional consequences. We believe that you deserve compensation for the injuries caused.

Compensation can provide for anything you need to cope with your condition and offer a way forward as you recover. But that’s not the only reason to make a claim - it’s also about justice and accountability. Doctors must meet certain standards of care and when they fail, it’s important to hold them responsible. It could prevent similar incidents from happening to other people in the future.

Whatever your motivation for making a claim, we encourage you to do so if you’re eligible. To discuss your circumstances and learn more about making a misdiagnosis claim, speak to Switalskis’ expert medical negligence team today.

Call us on 0800 1380 458 or get in touch through the website to talk about your circumstances, and take the first step towards justice.

How Switalskis can help

Medical misdiagnosis claims are complicated, often involving medical records, expert opinions, and sometimes, conflicting accounts. Our team of specialised medical misdiagnosis claim solicitors is experienced in navigating these complexities. We work diligently to gather all the necessary evidence, consult with medical experts, and build a robust case on your behalf.

We understand that every case is unique, with its own set of challenges. That's why we tailor our approach to suit your specific needs. From the moment you reach out to us, we focus on understanding your situation, your concerns and your goals.

At Switalskis, we understand the stress and emotional toll that a medical misdiagnosis can take on you and your family. Our team is here to support you. We're here to listen, to understand, and to stand by your side throughout this challenging journey.

Read what our clients had to say about the help they received from Switalskis

What counts as a negligent misdiagnosis?

A misdiagnosis is a mistake made by a GP or another medical professional where a health condition is not detected, is mistaken for something else or is identified late. This can have a serious effect on your health and cause the condition to get worse, sometimes with tragic consequences.

For this to be negligent, the medical professional must have missed obvious symptoms, ignored symptoms reported by the patient, failed to refer the patient to a specialist or fallen below the standards expected of a competent practitioner in some other way. To be eligible for compensation, you must be able to prove that your condition got worse as a result of this mistake.

If your condition is eventually diagnosed and treated, but this happens too late for you to make a maximal recovery, this might be considered a delayed diagnosis. This can also entitle a patient to compensation.

Some of the most serious - and unfortunately, most common - types of misdiagnosis include:

  • A missed diagnosis
  • An incorrect diagnosis
  • A late diagnosis

Examples of these include:

  • GP misdiagnosis: where there have been symptoms over a long period of time and there is a failure to treat appropriately and identify the problem.
  • Cancer misdiagnosis: cancer is one of the biggest killers in the world and it’s vital that you’re provided with the right diagnosis and treatment in time. If you’re not diagnosed correctly, the cancer may advance to a point where it becomes much harder - or impossible - to cure.
  • Missed fractures misdiagnosis: a fracture needs to be treated as soon as possible so that it can be set correctly and heal fully. Any delay in diagnosis can result in increased pain or cause further complications.
  • Stroke misdiagnosis: a stroke can happen quickly. Prompt diagnosis and treatment are vital to minimise the risk of life-altering consequences.

If a medical misdiagnosis led to the death of a loved one who would otherwise have had a chance to recover, family members of the deceased may also be entitled to misdiagnosis compensation.

What is the process of making a medical misdiagnosis claim?

When you make a medical misdiagnosis claim, many aspects of the process will depend on the unique circumstances of your case. Many of the steps involved can be subject to delays depending on how the defendant responds to your claim or the availability of court dates. However, the process itself will generally follow the same structure:

Step 1: Initial consultation

Reach out to Switalskis for a free, no-obligation initial consultation. During this meeting, we’ll listen to your story, understand your concerns and explain whether we think you have a strong case. If we decide to proceed, we can then discuss the next steps and the available funding options.

Step 2: Establishing your claim

We’ll gather all the relevant information we need to build your case. This will include applying for all of your medical records, including your GP records. We’ll ask you for photographs, receipts and any other documents that may support your claim. We’ll take detailed witness statements to tell your version of events. We may arrange for you to be assessed by an independent medical expert to provide an unbiased view of your injuries and future prognosis. The aim will be to prove that the negligence was responsible for your injury and consider the potential value of the claim.

Step 3: Notifying the defendant

Once we have supportive evidence, we’ll send a letter of claim to the doctor and/or hospital involved. This will outline details of the claim and state allegations regarding the negligent treatment.

Step 4: Defendant response

The defendant will then have four months to investigate the allegations made against them and respond to the letter of claim in a letter of response. This letter will include whether the defendant accepts they’re at fault, which is called an admission of liability. If they don’t accept fault, they’ll state this in the letter and this is called a denial of liability. We will advise you of the next steps at this stage.

Step 5: Settlement and compensation

If the defendant or medical practice has admitted fault, negotiations can start. Our misdiagnosis negligence solicitors will negotiate on your behalf, using our expertise and experience to secure the highest possible compensation amount for you. At this stage, we’ll discuss how much compensation you may receive. This will be calculated to cover the pain and suffering caused by the negligence, as well as any financial losses or expenses you’ve experienced as a result.

Step 6: Court proceedings (where necessary)

Most claims will be settled through negotiation, without needing to go to court. In the rare instances where the case does go to trial, you can trust us to represent you throughout the process.

We’ll always try to settle your case out of court if we can, and push for a positive outcome as quickly as possible. If there are delays in negotiating a compensation amount, we can sometimes secure interim payments, which can help to manage any ongoing health conditions. Switalskis will also prioritise clear communication and make sure you understand exactly how your case is progressing at all times.

Is there a time limit for making a medical negligence claim?

In most cases, claims need to be made within three years of the date you suffered negligent care - i.e., when your condition was first misdiagnosed. Sometimes, this three-year limitation period begins from when you first discover your injury or condition and its relationship to the misdiagnosis. However, this time restriction can vary depending on the circumstances of your case, and is often different in cases where the following factors apply:

  • Children: if the person who suffered the negligence was under 18 at the time, the three-year period doesn’t start until their 18th birthday. This means they have until they turn 21 to start legal proceedings.
  • Mental capacity: if the person who suffered the negligence lacks mental capacity to make their own decisions, there may be no time limit to make a claim on their behalf.
  • Fatal cases: if you’re claiming on behalf of a deceased family member who passed away due to complications arising from medical misdiagnosis, the claim must be made within three years of the date of death, or the date of knowledge that negligent treatment caused their death.

If you’re unsure about whether or not the three-year time limit applies or whether you still have time to start your claim, get in touch with Switalskis at your earliest opportunity. We’ll talk about all the aspects of your case in detail and determine whether we can make a claim on your behalf.

How can I pay for a misdiagnosis claim?

Some people feel that making a compensation claim will be too expensive for them to consider, but this isn’t the case. In fact, there are several ways to fund a case that involve minimal financial risk to you, even if you lose. You have a right to compensation if you have suffered due to medical negligence, and Switalskis believes that your financial circumstances shouldn’t stand in the way.

  • No win, no fee agreement: also known as a conditional fee agreement (CFA), this is the most common way to fund a misdiagnosis claim. Under a no win, no fee agreement, you won’t need to pay anything if your claim is unsuccessful. Our costs are written off. If you win your case, a percentage of your compensation will be used to cover our fees. This option allows you to pursue your claim without any financial risk, and we’ll discuss all of the potential costs with you upfront to avoid any surprises.
  • Legal expenses insurance: we will begin an insurance policy to cover you for the out-of-pocket costs we experience during the investigation. We have our own insurance provider that we use. However, you may have legal expenses cover as part of your home or car insurance policy, which can also be used to fund your claim. We’ll assist you in understanding your policy and liaising with your insurer.
  • Legal aid: in rare cases, Legal Aid may be available for clinical negligence claims, although it’s usually reserved for specific situations. Our team can guide you on whether you might be eligible.

There are other types of funding that may apply in rare cases. During our initial consultation, we’ll talk you through all the possible options and find a path forward that works for you. That way, you’ll feel secure no matter how your claim unfolds.

How much medical misdiagnosis compensation should I expect?

If your claim is successful, the amount of compensation you’ll receive depends on factors like the nature of your injury, the extent of the negligence you suffered and the ability of your solicitor to negotiate a fair amount. Switalskis are experts in this area. When you call us, we’ll talk about every aspect of your experience in detail and use this information to calculate a fair settlement. This is not just based on the physical harm you experienced, but the emotional effects of the misdiagnosis and its wider impact on your life.

If you’re able to share evidence of any expenses related to your health condition, such as receipts for travel to and from medical appointments, or for private medical treatment, physiotherapy or counselling, we may also be able to claim back these costs. If you had to take time off work during your recovery or were left permanently unable to work when your health worsened, your lost earnings will also be factored into the calculation.

How can a successful claim help me?

A misdiagnosis can be financially tough. It may force you to take time off work, leave you with expensive medical bills or mean you have to make adjustments to your life to accommodate your condition. A successful settlement can help you to recoup any losses that you have experienced and help to fund any ongoing treatment or care that you need.

You may also be able to receive interim payments. These are incremental payments that are deducted from the final settlement and paid out to you over the course of the case to help you pay for any immediate care, rather than having to wait until your case is concluded.

A misdiagnosis may not be the fault of an individual doctor, but a wider systemic problem within the NHS. Misdiagnosis compensation is only one reason to make a claim, but another is to bring these failures to light and encourage the responsible parties to make changes. In turn, this can prevent similar incidents from happening in the future.

Contact us today and let's start your journey towards recovery together. Call us today on 0800 1380 458, or get in touch via our form.

Our misdiagnosis claims specialists

Photo of Suzanne Munroe
Suzanne MunroeDirector and Solicitor
Photo of Sarah Walker
Sarah WalkerDirector and Solicitor
Photo of Charlotte Reeves
Charlotte ReevesDirector and Solicitor
Photo of Kay Barnes
Kay BarnesDirector and Solicitor
Photo of David Thomas
David ThomasDirector and Chartered Legal Executive
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Why Switalskis?

Making a compensation claim for something as sensitive as a misdiagnosis of a health condition can throw up all sorts of challenges. You might need to face legal proceedings while recovering from a serious health condition, or have to relive difficult circumstances when giving testimony. For that reason, it’s vital to have a solicitor on your side who understands how daunting this process can be, and who knows how to make things as easy for you as possible.

The team at Switalskis is committed to providing that support and making it possible for anyone who has suffered medical negligence to claim the compensation they are owed. Here’s how we can support you:

Clarity in complexity

The formal language and technical terminology of legal documents can be overwhelming, but your solicitor will break everything down into the clearest terms. We’ll give you all the information you need to make informed decisions about your case, clarify anything you don’t understand and answer any questions that arise. That way, you can have confidence in the claims process.

Empathy at every step

We’ve worked with lots of people in similar situations to yours. That’s given us more than just legal experience - we’ve learned what it’s like to deal with a misdiagnosis and its repercussions. That means we can provide emotional support alongside legal advice, and guide you towards resources that will support your wellbeing at this difficult time.

Expertise you can trust

With our experience and strong track record of success, we know the strategies that work, the evidence you need to build your case and the best ways to deal with defendants to bring your case to a fast resolution. While we can never promise a successful claim, we can give you the best possible chance at the outcome you deserve.

Championing your rights

As Switalskis, we know that at the heart of every case is a person going through some of the most difficult experiences imaginable. Making misdiagnosis claims is never just about money. It’s about justice for people who have been put through unnecessary suffering by the mistakes of medical professionals. We’ll demand accountability and fight for your right to restitution.

We can support you in the following medical negligence situations

Find out how Switalskis can help you

To discuss the medical negligence you experienced, learn more about the legal options you can pursue to set things right, or start your journey towards justice with a misdiagnosis claim, get in touch with Switalskis. Call us on 0800 1380 458 or get in touch through the website.

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