Mismanagement of treatment claims

Mismanagement of treatment claims

For finding answers and getting justice

Medical professionals owe their patients a duty of care not to cause injury, and that means offering appropriate treatment for an illness or injury as soon as it is diagnosed. For most patients, the relief of knowing what is wrong and trusting that it will be treated acts as a beacon of hope during a difficult time.

This means that when treatment is mismanaged, there can be serious consequences, both emotional and physical. Sometimes, this is as simple as doctors failing to refer you to an appropriate specialist, not providing treatment, or prescribing an unsuitable medication, but the results can be as serious as chronic health problems or a long-term disability. If your treatment was mishandled and you suffered harm as a result, you may be entitled to claim compensation.

Mismanagement of treatment claims can have serious consequences both physically and psychologically. Our medical negligence team has significant expertise in mismanagement of treatment claims. More than that, we’ve worked with many people like you and understand what you’re going through.

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 is mismanagement of treatment?

The term ‘mismanagement of treatment’ can encompass a range of scenarios in which medical professionals breached their duty of care to a patient. Often, these are caused by simple mistakes, failures in communication or administrative errors, but whatever the cause, the results can be devastating.

Scenarios that may be viewed as mismanagement of treatment negligence include medical professionals:

  • Prescribing the wrong medication or dosage
  • Causing a delay in providing the necessary treatment
  • Failing to properly monitor a patient's condition
  • Performing incorrect surgical procedures or offering poor post-surgical care
  • Failing to obtain informed consent for a procedure
  • Miscommunicating or failing to refer a patient to a relevant specialist
  • Failing to check a patient’s medical history or allergies before prescribing a course of treatment

If you experienced any of these and suffered harm as a result, you may be entitled to compensation. Making a claim is often the best way to restore justice in a situation where doctors and other medical staff have failed you. Not only will it provide compensation that can make your recovery more comfortable, but it will also hold the responsible parties to account. In this way, it can help to prevent similar incidents from happening to other people in the future.

Start a mismanagement of treatment claim today by calling Switalskis on 0800 138 0458 .

How does the process work for mismanagement of treatment claims?

The claims process is never exactly the same from one claim to the next, although it will generally follow the same basic steps. This may be a fast process, especially if the negligent party decides to accept liability and settle. On the other hand, it may take several years if there is a long period of negotiation to reach a fair compensation settlement. Here is how the process works:

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 you 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 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 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 negligence 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. Their response will include whether the defendant accepts they are at fault. If they do not accept fault, they will state this in a denial of liability. We’ll advise you of the next steps at this stage.

Step 5: Settlement and compensation

If the defendant or practice has admitted fault, negotiations can start. Our mismanagement of treatment solicitors will negotiate on your behalf, using our expertise and experience to secure the highest possible compensation amount for you. This stage will include discussion about how much compensation you may receive. This will be calculated to cover the pain and suffering caused by mismanagement of your treatment, 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.

The team at Switalskis will stay in touch throughout your case to make sure you always understand where your case is up to and the progress that we’re making. In that way, you can rest assured that we’re always fighting to move your case forward and secure you the compensation you’re owed.

Are there time limits for making a mismanagement of treatment claim?

Under most circumstances, there is a time limit of three years to make a claim from the date that you experienced medical negligence. This may be the date of a specific incident or the date that you developed a health problem as the result of a poor standard of care. If a problem isn’t clear immediately, the time limit might begin from the date that you were diagnosed or realised that the condition was a result of medical negligence.

There are some exceptions that apply in specific cases. For example:

  • 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 a doctor’s failure to treat their condition, the claim must be made within three years of the date of death, or the date of knowledge that negligent treatment caused their death.

There may be other circumstances in which the court may decide to grant an exception, but this only happens in rare cases. The best way to make sure you claim the compensation you’re owed is to start the claims process as soon as possible. Call Switalskis today to talk about your situation and learn whether you’re eligible to make a claim.

How much does a mismanagement of treatment claim cost?

Some people feel daunted by the idea of making a medical negligence claim because they worry about the financial implications. However, at Switalskis, we believe that you should not face any financial risk when making a claim. There are several ways to fund a legal case that allow you to minimise any financial risk to yourself. In this way, we make it possible for everyone to claim the compensation they rightfully deserve.

We offer the following funding arrangements to support your right to claim: 

  • No win, no fee agreements: also known as conditional fee agreements (CFAs), no win, no fee arrangements are the most common way to fund a mismanagement of treatment claim. Under a no win, no fee agreement, you won’t need to pay anything if your claim is unsuccessful. 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: under this arrangement, we’ll 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 covered 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 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.

These options enable people to make a claim for the compensation they deserve without worrying about the financial consequences. Switalskis will discuss the options available to you at the start of this process, to make sure you’re able to choose the best option for you.

How can compensation help me?

Compensation is designed to restore you to the position you would have been in if negligence you experienced had never happened. It is broken into two segments, the first of which is special damages. This payment takes account of any money you lost or spent due to the accident. It might compensate you for earnings you lost if you had to take time off work, or if your ability to work in the future is compromised, for example. It can also cover the costs of any modifications to your home or vehicle that you need, transportation to and from medical appointments, and other related expenses.

The second segment is general damages. This payment aims to compensate you for the pain and suffering you experienced as a result of a medical professional’s negligent handling of your treatment. It also covers any loss of amenity. This means that if the harm you suffered as a result of negligent treatment makes you unable to enjoy life in the same way you did before - for example, if you can no longer participate in activities you enjoyed - this will be taken into account when we calculate your compensation.

The best way to find out how much compensation you could be owed is to speak to an experienced solicitor who specialises in clinical negligence and mismanagement of treatment claims. Contact Switalskis today to speak to a friendly expert and learn more about making a claim.

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.

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 mismanagement of 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?

When making a medical negligence claim, your choice of legal team makes a big difference. Securing the right support can make the process easier, and greatly improve your chances of success. At Switalskis, we make the following commitments to help make sure we provide the best possible service for all our clients:

Clarity in complexity

We prioritise communication and make sure everything is as clear and simple to understand as possible. Medical terminology and legal jargon can both be tough, but our solicitors want to make sure you always understand the progress of your case fully. That way, you’ll be empowered to make the best decisions for you.

Empathy at every step

To us, you’re not just a client. Mismanaged treatment can be devastating to deal with, and we know that you might be in a difficult place when you come to us for help. We’re here not only to provide vital legal advice - we’ll also offer any emotional support you need to work through your recovery and come out on the other side.

Expertise you can trust

Our team has a wealth of expertise in clinical negligence cases. Thanks to the years we have spent fighting for compensation for people in similar situations to you, we know what it takes to build a successful case. We recognise the telltale signs of failures in care and can help you to prove the full extent of how a mismanaged treatment plan affected your life.

Championing your rights

Medical negligence compensation isn’t just about money. It’s about seeking justice for what happened to you and holding those who were responsible to account. We’ll always make sure that your voice is heard and your rights upheld throughout the process.

With Switalskis, you don’t just have a legal team of dedicated experts. You have an ally who will stand by your side throughout your fight for justice, and always take whatever steps are necessary to give you the best chances of success.

We can support you in the following medical negligence situations

Find out how Switalskis can help you

Treatment should be your journey towards recovery, but when this process is mismanaged, you can end up feeling worse than when you started. Doctors have a responsibility to provide appropriate treatment and if they have failed, you’re owed compensation to set things right.

To start the process of making a mismanagement of treatment claim, contact Switalskis today. Call us on 0800 1380 458 or get in touch through the website for a free initial chat about your situation.

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