In order to claim for the failure to diagnose an infection, it has to be shown that your health deteriorated by a significant amount due to the negligence of a medical professional, who either failed to identify the symptoms of an infection, failed to perform the tests that would have correctly diagnosed your condition or properly analyse the results.
To ascertain that you suffered a significant “adverse event” due to medical negligence, you should speak with a specialist medical negligence solicitor. The solicitor will request access to your medical records, and have them reviewed by an independent medical expert to assess the extent by which your health deteriorated, and to determine whether “at the time and in the circumstances” the failure to diagnose an infection was due to medical negligence.
Making a Claim for the Failure to Diagnose an Infection
Provided that there is sufficient evidence of both injury and negligence to support a claim for the failure to diagnose an infection, your solicitor will write to the authority responsible for your care with a “Letter of Claim”. The letter explains to the NHS Trust or GP Practise that you have suffered an adverse event due to the negligence of a medical professional and are seeking compensation.
The NHS Trust of GP practise will conduct its own investigations into the claim for a failure to diagnose an infection and respond to your solicitor will either an admission of liability or with a preliminary defence against the claim. If your claim is contested, your solicitor may discuss issuing court proceedings with you depending on the strength of the defence.
The issuing of court proceedings does not necessarily mean that you will have to go through the trauma of a full court hearing. Quite often claims made against NHS Trusts and GP practices are resolved by negotiations before the scheduled date of the court hearing. Your solicitor will attempt to spare you any unnecessary trauma by negotiating a settlement of your claim whenever possible.
Settlement for Failing to Diagnose an Infection
Your settlement for failing to diagnose an infection will be calculated according to the extent of your adverse event and the impact it has made to your quality of life. Factors that will be taken into account include the physical pain and suffering you experienced, any long term consequences of the infection to your health, and any emotional trauma you have suffered such as depression or an anxiety disorder.
You will also be able to claim compensation for your loss of amenity. This means that if the quality of your life has deteriorated because you have been unable to participate in social and recreational pastimes, or complete household chores because of your deteriorated condition, you will also be able to include you loss of amenity in a claim for the failure to diagnose an infection.
Finally, if you have incurred any costs related to your doctor´s failure to diagnose an infection – or suffered any loss of income – you will be able to recover the expenses and lost wages when your claim is settled. The recovery of costs and lost income applies to any anticipated expenses or time off work that may occur in the future.
Specific Legal Advice about the Misdiagnosis of Infections
Because there are so many scenarios in which an infection can be misdiagnosed, so many different types of infection that can be misdiagnosed, and so many different consequences that can result from the misdiagnosis of an infection, it is advisable to seek legal advice that is specific to your individual circumstances about making claim for the failure to diagnose an infection.
Consequently, you are invited to call our Medical Negligence Advice Bureau and discuss the circumstances surrounding the misdiagnosis of your infection directly with an experienced medical negligence solicitor. Our solicitor will be able to answer specific legal questions about making a claim for the misdiagnosis of an infection and guide you through the procedures necessary to support your claim.
Naturally, all calls to our Medical Negligence Advice Bureau are strictly confidential, and you are not under any obligation to proceed with a claim for the failure to diagnose an infection by using our service. We aim to provide clear legal advice which is relevant to your specific circumstances, so that you can make an informed decision about whether you have a claim for compensationthat may be worth your while to pursue.