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.
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.
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:
Examples of these include:
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.
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:
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.
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:
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.
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.
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.
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.
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.
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.