When Can I Make a Claim for a Delayed Medical Diagnosis?
If medical professionals have been slow to recognise your symptoms and provide a diagnosis, it may be appropriate to make a claim for compensation.
The impact of a delayed diagnosis
For some conditions, a delay in diagnosis may make little difference to the patient's experience and outcome.
However, in some circumstances, a delay in diagnosis, prompting a delay in treatment, can be catastrophic for the patient. Conditions where a delayed diagnosis may have a significant impact include a stroke, cancer, a heart attack, cauda equina syndrome, birth injury, a bowel perforation and necrotising fasciitis.
The impact of a delay in diagnosis may reduce the patient's chance of survival or it may increase the likelihood that they will suffer long-term disability such as bowel incontinence or paralysis.
Diagnosis delays
Occasionally medical professionals act, or fail to act, in such a way as to cause a delay in diagnosis. It may be that they do not recognise the implications of the patient's symptoms if the condition is rare. It may be that they fail to make an urgent or emergency referral for further tests or investigation. It may be that they misdiagnose the patient's symptoms. It may be that they fail to warn a patient of red flag symptoms of their possible condition.
If the delay in diagnosis causes the patient to suffer a worse long-term outcome than would otherwise have been the case, it may be appropriate to make a claim for compensation.
The patient may have suffered financial losses due to their poor outcome and this can be addressed in a successful compensation claim.
Timing in compensation claims
It is important to bear in mind that there is a limitation on when a compensation claim for medical negligence can be made. It is not possible to pursue a claim many years after the event. The law requires that a claim for medical negligence should be initiated within three years of the date of the alleged negligence. This is called the limitation date.
Although there are sometimes circumstances where this date may be delayed, it is best to err on the side of caution and talk to a specialist medical negligence solicitor as promptly as possible. They will be able to advise you as to the best course of action and tell you whether or not you may have a valid claim.
Speak to a specialist
Glynns Solicitors is a medical negligence legal practice with wide-ranging expertise in supporting our clients through the process of making a claim for compensation.
Contact us today if you or a loved one are struggling with the significant impact of a delay in medical diagnosis.
Early legal assistance can be vital so please contact us if you would like to discuss your situation. Please call us free on 0800 234 3300 or complete our Online Enquiry Form.
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