If you have found this article while searching for advice about compensation claims for the failure to recognise meningitis, it is likely that you are related to a victim of medical negligence. Such is the damage that meningitis causes to the brain – whether it is correctly diagnosed and treated, or not – victims of meningitis infrequently have the mental capacity to represent themselves in legal action.
If the victim of undiagnosed meningitis is unable to represent themselves legally, you –or another person close to the victim – can make compensation claims for the failure to recognise meningitis on their behalf. In order to do this, you will need to become a “Litigation Friend” – a simple procedure that allows you to make decisions regarding the victim´s entitlement to compensation.
The Process for Making Meningitis Misdiagnosis Claims
Once appointed as a litigation friend, the process for making meningitis misdiagnosis claims starts by authorising your solicitor to access the medical records of the victim. These medical records will then be reviewed to find out exactly where in the medical process there was a failure to recognise meningitis. This could have been at a hospital, in a GP surgery or the misdiagnosis of meningitis could have been made by a member of an ambulance crew.
There are number of signs which indicate meningitis. A high body temperature, an elevated heart rate, severe muscle pain, or a distinctive blotchy rash could indicate that the victim is suffering from sepsis – the precursor to meningitis – and both ambulance crews and doctors have a protocol to follow if a combination of these symptoms appear. If they have failed to recognise the warning signs of meningitis, or failed to follow the protocol, this would constitute medical negligence.
Once evidence of negligence is confirmed, your solicitor will write to the GP surgery or NHS Trust responsible for the victim´s care, advising them that you are making compensation claims for the failure to recognise meningitis on the victim´s behalf. The negligent party is allowed ninety days to conduct its own investigation before acknowledging liability for the victim´s injuries.
The Settlement of Compensation Claims for the Failure to Recognise Meningitis
The settlement of compensation claims for the failure to recognise meningitis consists of four elements – compensation for the physical pain the victim has suffered, compensation for any psychological trauma they have experienced, compensation for the reduction in their quality of live and the recovery of injury-related costs and lost income.
This last element can account for a considerable proportion of the settlement of meningitis misdiagnosis claims – especially if the victim is a younger person. Without assuming that they will not recovered from their tragic injuries, there is a strong likelihood that they will require some level of care for the remainder of their lives. It is also likely that they will suffer a considerable loss of income.
To calculate the settlement of compensation claims for the failure to recognise meningitis, your solicitor will rely on reports from medical experts, psychologists and forensic accountants. These reports can take a considerable amount of time to compile and, as a litigation friend, you have the authorisation to request interim payments of compensation until the claim is finally resolved.
Specific Legal Advice about Meningitis Misdiagnosis Claims
Naturally there is more to making compensation claims for the failure to recognise meningitis than in the information contained above. The reason that we can only provide vague information is because no two meningitis misdiagnosis claims are identical. The nature and extent of the injury and the consequences to the individual´s life are going to be different in every case.
Therefore we invite you to contact our Medical Negligence Advice Bureau and discuss compensation claims for the failure to recognise meningitis with a medical negligence solicitor. Our solicitor will be able to answer any legal questions you may have about representing somebody who has suffered an injury due to the misdiagnosis of meningitis and the process of making meningitis misdiagnosis claims as it applies in this individual circumstance.
Please note that when you use our service, there is no obligation on you to represent a friend or family member in compensation claims for the failure to recognise meningitis or for anybody to make meningitis misdiagnosis claims for compensation. We aim to provide clear and specific legal advice about your own situation so that you can decide on what the next course of legal action should be.