Injuries caused by delayed treatment compensation

Injuries caused by delayed treatment compensation

For finding answers and getting justice

When you’re dealing with a serious illness, it can feel like such a relief to get a diagnosis. Once you know what the problem is, you no longer have to face the unknown. You can look forward to treatment and starting on the path to recovery. So, when treatment is delayed, and the problem gets worse, it can feel like a hopeless situation.

While nothing can make up for lost time, making a claim for injuries caused by delayed treatment is often the best way to get things back on track. If your illness or injury got worse, or your recovery was affected by the delay, then you might be entitled to compensation, which can pay for the treatment you need, make your recovery more comfortable, and account for the unnecessary pain and suffering you experienced.

We’ve represented many people who have had similar experiences to these and have worked beside them to secure the right amount of financial compensation to help ease recovery and cover care costs going forward.

If you’re looking to put things right after your treatment was needlessly delayed, contact Switalskis today. We’ll help you start your journey towards the justice you deserve.

Call us on 0800 1380 458, or get in touch via the website to discuss your circumstances with a member of our team.

How Switalskis can help you

Switalskis’ team of expert delay in treatment compensation solicitors have the experience to help you win your case and a proven track record of success. 

By taking on as much of the responsibility for your case as possible, we can leave you with more time and energy to focus on your recovery. We’ll always try to settle your case out of court and secure the maximum amount of compensation for you to minimise stress and keep things simple. We prioritise clear communication, so you’ll always know what’s going on and where you stand.

What makes Switalskis different is our personal approach. Every situation is different, but at the heart of each one is a person who has been through a difficult time that could have been avoided. We take the time to listen to our clients and treat them as people. That way, we can make sure we’re always acting in their best interests and providing the things that they need.

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

Am I eligible to claim compensation?

In clinical negligence cases, there are two factors that will affect your ability to claim compensation. Firstly, we must prove that a medical professional owed you a duty of care and failed to meet the expected standard. This might mean that they missed a diagnosis, failed to refer you to an appropriate specialist, recommended an inappropriate treatment, or otherwise caused a delay that prevented you from getting treatment when you needed it.

Secondly, we must demonstrate that the negligent action (or inaction) of the person in question led to harm. In the case of delayed treatment, it might be that the negligence caused the illness or injury to get worse, that complications arose that wouldn’t have happened with earlier intervention, or that the opportunity for a full recovery was lost.

There are lots of reasons why this might happen. It could be the fault of a single person who did not meet their professional responsibilities. Sometimes, a patient is lost to follow-up or lost in the system meaning that they aren’t seen by their doctor when they should be. Occasionally, an investigation or treatment is classified as routine, when it should be done urgently. Such delays can allow an illness or injury to get worse or can prevent a full recovery. If you’ve suffered further harm due to delayed treatment, you may be entitled to compensation.

The best way to discover whether you might be eligible to make a claim is to contact a solicitor. The delayed treatment claims solicitors at Switalskis are always just a phone call away. We can discuss and evaluate your circumstances to help you understand whether you’re in a position to make a claim.

How much compensation could I claim for injuries caused by delayed treatment?

Compensation for delayed treatment claims varies significantly based on the type of injury or illness you experienced and the circumstances around it. This will depend on the extent of additional injury or harm you have suffered, the effect on your day-to-day life and any money you lost due to your injury. In fact, there are many different elements that affect how much compensation you could be awarded.

In successful claims, there are usually two categories of compensation:

  • General damages: this compensates you for the pain and suffering you experienced, both physical and psychological. It also accounts for any loss of amenity, meaning that you will receive more compensation if you’re no longer able to enjoy your life in the same way you did before.
  • Special damages: this part of your compensation covers any out-of-pocket expenses or financial losses caused by the delayed treatment, such as:
    Loss of earnings: if you had to take time off work due to the consequences of your delayed treatment, you can claim for the earnings you lost.

Every person and situation is unique, and so is the amount of compensation you should expect to receive. The team from Switalskis will always try to secure the maximum amount of compensation for you.

How long does the delayed treatment claims process take?

Delayed treatment compensation claims can be complex with many factors to consider. As such, they may take a long time to progress. However, no matter what delays are introduced into the process, it will typically follow the same basic structure.

Step 1: Initial consultation

Reach out to Switalskis for a free, no-obligation initial consultation. During this consultation, 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. We’ll ask you for photographs, receipts and any other documents that may support your claim. We will take a detailed witness statement 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’ll 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 surgery 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.

Switalskis’ medical negligence solicitors prioritise open communication, and we’ll always keep you up to date on the progress of your case. In this way, you can avoid the stress of the unknown and feel reassured that your claim is moving towards a resolution.

Is there a time limit for making a claim?

There is generally a time limit of three years to make a medical negligence compensation claim, although this does not apply in all cases. Most of the time, the three-year period begins from the date that you suffered injury due to the negligence of a medical professional. However, if it isn’t initially obvious that yu have suffered harm due to the negligence, the time limit begins from the date that you first realised or suspected that the negligence was responsible for your condition.

This is particularly important for delayed treatment cases, as it can take time for the full impact of the delay in treatment to become clear. On the other hand, if you don’t start your claim in time, you could miss your chance to claim the compensation you’re owed. It’s often best to speak to a solicitor about your circumstances to determine whether or not you’re still able to claim.

There are some exceptions to this three-year rule, including:

  • If the injured person is a child: the three-year limit begins from the date of their 18th birthday. A parent can make a claim on behalf of the child before they turn 18, or they can make a claim on their own behalf before they turn 21.
  • If the injured person lacks mental capacity: the limitation period may not apply if at the time they sustain injury as a result of the negligence, the affected person didn’t have the mental capacity to make a claim for themselves. If and when their mental capacity returns, the time limit would begin at this point.
  • If the person who has suffered injury as a result of the negligence dies: if the patient dies before they are able to resolve their claim, their family can often make a claim for compensation. In these cases, the three-year time limit begins on the date of the person’s death.

It’s important to act quickly and avoid missing your chance to claim compensation. Contact Switalskis today to talk about your situation, learn about your eligibility to claim and get the process started.

How much does it cost to make delayed treatment compensation claims?

Many people who have the right to claim compensation find the idea daunting, particularly because they are worried about how they will afford it. At Switalskis, we think that anyone who has suffered harm due to delayed treatment should be able to pursue justice, regardless of their financial circumstances.

There are several different ways that you can fund a legal case that will minimise any financial risk to you while still allowing you to make your claim. These include:

  • No win, no fee agreement: also known as a conditional fee agreement (CFA), this is the most common way to fund a delayed treatment compensation 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. We will also advise you to take out an insurance policy to cover you for the out-of-pocket costs we experience on your behalf during the investigation. We will recommend an insurer to you.
  • Legal expenses insurance: you may have legal expenses cover as an add-on to a policy you might already have, such as that for your home or car insurance, which can sometimes be used to fund a clinical negligence claim. We’ll assist you in understanding your policy and liaise 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.

When you first get in touch, we’ll discuss these options with you in more detail to help you find the best one for you. We want to make sure that you receive as much compensation as you deserve without any fear about the potential cost of legal services.

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 delayed treatment 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?

The effects of a delay in treatment can be devastating. Even if the delay doesn’t affect your prognosis, it can prolong your suffering, or prevent you from getting better.

In times like these, it’s important to have people you can trust fighting in your corner. Switalskis has a lot of experience with cases like yours, and we understand just how difficult it can be to manage everything.

Clarity in complexity

Clinical negligence claims can quickly become complicated, but Switalskis is determined to make things as easy as possible. We’ll explain everything in the simplest terms and always be available to answer questions, so you’re not left in the dark

Empathy at every step

When dealing with the aftermath of a delay in treatment, you need more than just strong legal advice. Switalskis will provide support and stand with you throughout the process to make sure you have everything you need.

Expertise you can trust

Our strong track record of success has earned us a wealth of expertise in clinical negligence compensation claims. We know what questions to ask, how to build a strong case, which medical experts and counsel to instruct, and which steps to take to maximise your chances of success. Beyond that, we’re willing to work as hard as we can to get the highest amount of compensation for you and your family.

Championing your rights

To us, you’re not just a client. You’re a person who is going through an extremely difficult experience. We’ll never lose sight of that, and we’ll always amplify your voice throughout your claim. Making a claim is a chance to have your voice heard and to get accountability for what happened to you. We’re here to serve as a platform for you to pursue the justice you’re owed.

We can support you in the following medical negligence situations

Find out how Switalskis can help you

Work with Switalskis to gain the support you need through the claims process, and keep fighting to secure the justice you deserve. Call us on 0800 1380 458 , or contact us through our website today for a sensitive conversation about your situation.

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