Unfortunately, NHS resources are often stretched so delayed and missed diagnoses are much more common than they should be. Often this results in further injury, or the loss of the opportunity to make a full recovery.
In the most serious cases, there may be devastating consequences. An incorrect diagnosis can shorten a patient's life expectancy, by preventing an illness from being treated in a timely manner. Doctors have a responsibility to provide care that would be considered acceptable by others in their field and failure to do so could be considered clinical negligence.
Naturally, there is nothing that can make up for this lost time. However, making a claim for compensation for injuries caused by a delayed diagnosis can provide support for patients dealing with these difficult circumstances, help families in need, and deliver a sense of justice.
If you've suffered harm because medical professionals failed to make a prompt and accurate diagnosis of your illness or injury, you can make a compensation claim. If successful, you will not only receive money that can make your life much more comfortable - you will help to prevent similar incidents from happening to other people in the future.
Switalskis is dedicated to fighting for justice on behalf of patients who suffered injury due to medical negligence. To talk about your circumstances and find out more about making a delayed diagnosis compensation claim, contact us today.
Call us on 0800 1380 458, or contact us through the website to get the process started.
The medical negligence claims process can be daunting, especially if you are still recovering from an illness or injury. At Switalskis, we aim to take the responsibility from your shoulders and make things as easy as possible for you.
Our specialist solicitors know how difficult it can be to cope with the consequences of a delayed diagnosis of serious injury or illness. They can advise you on things that could make your recovery more comfortable, and provide support through this difficult time. Members of our team have received accreditations from both The Law Society and AvMA (Action Against Medical Accidents) , in recognition of their expertise and the quality of their service.
Switalskis has represented many people through delayed treatment compensation claims and acted as a trusted legal partner for people whose lives were changed by medical negligence. We will:
At Switalskis, we know that each of our clients is a unique person in a unique set of circumstances. We take the time to listen to your story, understand your situation and the effect on your health, and discuss your desired outcomes for your claim. This means that we can build your case around you and make sure that our advice helps you to meet your goals.
If a medical professional was negligent in failing to make a prompt diagnosis of your injury or illness, and this failure caused you further harm, then you may be entitled to claim compensation. There are many different situations in which such an error might occur. For example, your doctors or other medical professionals might have made one of the following mistakes:
To make a successful delayed diagnosis claim, there are two things we need to prove:
There may be other factors that will affect your ability to claim compensation. Ultimately, it depends on the specific circumstances of your case. Therefore, the best way to discover whether or not a clinical negligence might be appropriate is to speak to a specialist medical negligence solicitor. The team at Switalskis can discuss your case sensitively and with care, and let you know whether or not we can help you to make a claim.
The amount of compensation you might be awarded in a medical negligence claim depends on several factors, including the nature of your illness or injury, the extent of any further injury caused by the delay, and the effect that it has had on your life. Compensation for medical negligence claims consists of two sums: general damages and special damages.
Working with a specialist medical negligence solicitor can ensure that you receive the maximum compensation you are entitled to for injuries caused by a missed or late diagnosis.
To make a claim for compensation, your first step should be to speak to our medical negligence solicitors as soon as possible. There is usually a time limit of three years to claim, so it is important to start the process as early as you can. From there, the process unfolds as follows:
Reach out to Switalskis for a free, no obligation initial consultation. During this consultation, we’ll listen to your story, understand your concerns and explain whether we think you have a strong case. If we decide to proceed, we can then discuss the next steps and the available funding options.
We’ll gather all the relevant information we need to build your case. This will include applying for all of your medical records, including your GP records. We’ll ask you for photographs, receipts and any other documents that may support your claim. We will 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.
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.
The defendant will then have four months to investigate the allegations made against them and respond to the letter of claim. This is known as a letter of response, which will include whether the defendant accepts they are at fault. This is called an admission of liability. If they do not accept fault, they will state this in the letter and this is called a denial of liability. We will advise you of the next steps at this stage.
If the defendant or practice has admitted fault, negotiations can start. Our clinical negligence solicitors will negotiate on your behalf, using our expertise and experience to secure the highest possible compensation amount for you. At this stage, we will discuss how much compensation you may receive. This will be calculated to cover the pain and suffering caused by a delayed diagnosis, as well as any financial losses or expenses you’ve experienced as a result.
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.
Our experts understand how difficult it can be to relive what you’ve been through, and we will take on as much of the responsibility for building your case as possible. We take the time to listen to you and understand, so that we can make sure we prioritise your needs at every stage of the claim.
Understanding the time constraints for delayed diagnosis claims is vital to make sure you don't miss out on the opportunity to seek justice and compensation. Generally, you have three years from the date of the injury caused by negligence, or from the date you became aware that you might have suffered injury due to negligence, to start court proceedings. This is known as the limitation period.
There are a few exceptions to this:
In some rare cases, the courts may decide to extend the limitation period. However, relying on this is risky, as this is only ever done at the discretion of the courts.
Starting the process sooner rather than later means all evidence is fresh and readily available, and means you won't run the risk of missing a deadline. If you're uncertain about whether you're within the time limit or if you believe you have exceptional circumstances, speak to the medical negligence team at Switalskis for guidance, even if other solicitors have told you that you’re out of time.
Navigating the financial aspects of a delayed diagnosis compensation claim can be daunting, but Switalskis aims to make sure the process is transparent and accessible so that nobody is ever put off seeking justice due to the costs.
Here's a breakdown of the funding options available:
Our team is here to guide you through your funding options and help you pick an option that suits your needs and circumstances.
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.
At Switalskis, we recognise that every delayed diagnosis claim is different and that every client has their own individual needs. The one thing they all have in common is that they were let down by the medical professionals who were meant to help them.
Our specialist medical negligence solicitors believe that every person affected by a missed diagnosis deserves justice, and we treat every case with the sensitivity it deserves.
The consequences of a missed diagnosis for your health and your loved ones can be devastating. Our delayed diagnosis solicitors will be by your side throughout the claims process to offer not only expert legal advice but support at this difficult time.
The consequences of a missed diagnosis for your health and your loved ones can be devastating. Our delayed diagnosis solicitors will be by your side throughout the claims process to offer not only expert legal advice but support at this difficult time.
The medical negligence team at Switalskis has a wealth of expertise in this area of the law. No matter what specific circumstances you have faced, we will be able to explain the legal implications and advise you on the next steps.
Making a delayed diagnosis claim is about standing up for your rights, and we aim to provide all the help you need to get your life back on track. This means working tirelessly to make sure your voice is heard throughout the claims process and fighting to secure the maximum compensation that you are entitled to.
Having a serious illness or injury is difficult enough, but delays or mistakes in diagnosis can make things far worse. The delayed diagnosis experts at Switalskis are here to support you through these difficult circumstances and to stand by your side in your fight for justice.
Call Switalskis today on 0800 1380 458 , or contact us through our website to learn more about how much compensation you could be owed and the support we can provide.