In order to claim for the wrong diagnosis of sickness, two conditions have to be fulfilled – that the wrong diagnosis led to you suffering an injury or the deterioration of an existing condition, and that the “adverse event” you suffered was attributable to the negligence of a medical professional or an agent of a medical facility.
In many claims for compensation for the misdiagnosis of an illness, the two conditions will be clearly fulfilled. However, there are others in which the patient themselves is responsible for the misdiagnosis of sickness by taking medication that was not prescribed for them to help cope with their symptoms, or when it is not obvious where or how negligence occurred.
Claiming Compensation for the Misdiagnosis of an Illness
Therefore, before making a claim for the wrong diagnosis of sickness, your solicitor will request access to your medical notes and ask you about any medication that you may have taken before seeking medical attention. Your medical records and your solicitor´s notes will then be reviewed by an independent medical expert to see if you had contributed to the cause of the misdiagnosis.
Once you are eliminated from the equation, an investigation will be launched to determine where in the medical process a mistake was made that resulted in the misdiagnosis. Medical negligence is not always attributable to the medical professional who attended you. It could be due to an administrative error or the wrong test results being sent from a lab.
When the investigation reveals the source of the negligence, a Letter of Claim will be sent to the NHS Trust responsible for your care. The letter informs the NHS Trust of your adverse event, states what caused it, and advises the Trust that you are making a claim for the wrong diagnosis of sickness. When the NHS Trust acknowledges liability, your solicitor will negotiate a settlement of your claim.
The Settlement of your Claim for the Wrong Diagnosis of Sickness
The settlement of your claim for the wrong diagnosis of sickness will be based upon four factors. A compensation settlement for your physical pain and suffering will be obtained from the Judicial Studies Board Guidelines for General Damages in Personal Injury Cases. This will then be adjusted to account for your age and your general state of health prior to being misdiagnosed with an illness.
If you believe that you have suffered a psychological trauma because of the misdiagnosis – such as depression or an anxiety disorder – your solicitor will ask you to undergo a psychiatric evaluation. The evaluation quantifies the degree of psychological trauma you have suffered and also helps determine your “loss of amenity” – any deterioration in your quality of life if you are unable to engage in recreational and social pursuits prior to being ill.
Finally your claim for the wrong diagnosis of sickness will enable you to recover any costs and expenses related to the misdiagnosis you have incurred – or may incur in the future – and claim back any loss of income if you have been unable to work. Calculating the settlement of compensation for the misdiagnosis of an illness can involve many different processes, but it is important that every aspect of your adverse event is compensated accurately.
Specific Legal Advice about the Misdiagnosis of an Illness
When discussing general terms such as “sickness” and “illness”, it is impossible to give specific legal advice. Therefore, if you have suffered an injury or the deterioration of an existing condition which you believe is attributable to medical negligence, we invite you to contact our Medical Negligence Advice Bureau and discuss the circumstances surrounding your adverse event directly with a solicitor.
Our solicitor will be able to answer specific legal questions you may have about claiming compensation for the misdiagnosis of an illness as applies to your particular circumstances; and, by using our service, you are not under any obligation to proceed with a claim for the wrong diagnosis of sickness. Naturally, all calls to our Medical Negligence Advice Bureau are strictly confidential.
We aim to provide legal advice which is relevant to your individual circumstances, so that you can make an informed decision about whether you have a claim for the wrong diagnosis of sicknessthat may be worth your while to pursue. Get the answers to any concerns you may have about claiming compensation for the misdiagnosis of an illness by calling our Medical negligence Advice Bureau today.