Yes, you can sue your GP for medical misdiagnosis and claim a deserved compensation at the end of a successful claim. However, you should be able to show beyond reasonable doubt that your injury, harm or the complication you suffered was as a direct result of your GP misdiagnosis.
In the UK, cases of medical misdiagnosis are one of the commonest reasons for making medical negligence claims. Misdiagnosis can cause serious health issues to the patient. This includes- making an existing condition to worsen, causing further harm to the patient as well as prolonging illness and treatment time.
At MND, we have expert NHS misdiagnosis claims and GP lawyers who are well versed in GP negligence claims and will ensure that you are well represented for the best possible outcome. Therefore, do well to reach out to us if you or your loved one has been a victim of medical misdiagnosis either in the NHS or by a private healthcare provider.
Medical Misdiagnosis Explained
Medical misdiagnosis is a form of medical or clinical negligence where there is a failure to diagnose, a delayed diagnosis or a wrong diagnosis is given for a particular condition.
When your GP performs a diagnostic error, it can cause more harm for the patient. Medical misdiagnosis is divided into-
- Wrong diagnosis
- Late diagnosis
- Failure to diagnosis
In each of these cases, the patient can suffer a worsening medical condition as well as prolonged time on the treatment bed as a result of delays in giving the right diagnosis. Additionally, there will be administration of wrong treatment to the patient based on the incorrect diagnosis given and, in some cases, misdiagnosis can lead to death.
Medical misdiagnosis claims also include incidences where you have been wrongly diagnosed with a life-threatening illness. Even though this may not lead directly to physical injury, it can cause unnecessary emotional distress and inappropriate treatment.
GP misdiagnosis can be caused as a result of the following reasons;
- Failure of your GP to conduct a thorough clinical examination on you.
- Misinterpretation of imaging studies such as x-ray, CT scan, MRI, echocardiogram, etc.
- Failure to properly investigate your medical history and symptoms presented
- Failing to refer you to a specialist for a second opinion, consultation or confirmation.
Common conditions which may be misdiagnosed include:
- Heart conditions
- Head injuries
- Broken or fractured bones
Proving Medical Misdiagnosis
For you to successfully prove your misdiagnosis lawsuit, you should be able to prove that your misdiagnosed condition would have been correctly diagnosed by another medical professional in the same specialty. Also, you should be able to prove that the injury or complication you suffered was as a result of the misdiagnosis and wouldn’t have happened if you received the right diagnosis.
Your GP misdiagnosis claim should be able to show that;
- Your GP owed you a duty of care
- Your GP misdiagnosed your condition
- The misdiagnosis you received caused you avoidable pain, injury or other complications
- You have suffered further damages to your health and general wellbeing as a result of the misdiagnosis caused injury, pain or complications suffered.
Compensation Amount For GP Misdiagnosis
Like most medical negligence claims, compensation amount for a GP misdiagnosis claim is not fixed but is determined by a number of factors which include;
- Severity of injury or harm suffered
- Future prognosis or estimated time for recovery
- Costs of further medical treatments, rehabilitative care
- Costs of mobility aids and assistive devices
- Financial losses including future estimated costs
- Costs of hiring caregivers
- Accommodation adjustments
With this in mind, delayed diagnosis compensation can fall anywhere between £1,000 and several millions of pounds.
NHS resolution has however said that the average medical negligence compensation amount in the UK is £50,000.
Our GP misdiagnosis claims solicitors can give you an idea of what you can expect as compensation award using our misdiagnosis claim calculator.
Time Limit for Suing a GP for Misdiagnosis
As with other medical negligence cases, you have only three years starting from the date of the negligent treatment or the date you became aware of it, to make your GP misdiagnosis claims. This is according to the stipulations of the Limitation Act of 1980.
If the victim of the misdiagnosis dies, the three-year time limit starts to count from the date of death.
There are few exceptions to this rule which are;
- Claims involving a child where the child will have until his or her 21st birthday to make claims. In the interim, the parents or guardians can make claims on behalf of the child.
- Claims Involving persons who are physically or mentally unable to make claims where they can be allowed enough time until they are able to make claims or a loved one/next of kin can make claims on their behalf.
What To Do When Doctors Can’t Diagnose You UK?
When you have an undiagnosed illness UK or your doctors can’t diagnose your problem, you can ask to be referred to a specialist for expert investigation.
What To Do If You Think Your Doctor Is Wrong?
If for anything you think your doctor is wrong, you can express your concerns about your diagnosis or ask questions about your treatment. We advise that you be firm but polite when sharing why you disagree with your doctor or what your concerns are.
Ask the doctor for more explanations and if you aren’t satisfied, you can always ask to be attended to by another doctor
Choosing the Right Solicitors for Misdiagnosis
Our no win no fee solicitors are friendly, understanding, dedicated and very professional in Liverpool. They are experts in GP medical claims and having represented and won hugely satisfying settlement payouts for clients in times past, will ensure you receive the best possible legal representation for a successful claim.
Our misdiagnosis negligence claims are undertaken under our no win no fee policy where you stand no risk of any financial debt even if the case is unsuccessful.
But when a claim has been successfully won and your compensation award paid, we will deduct a success fee of 25% of your total compensation award value while you get the rest.
Reach out to us today via our helplines to get started on your claims.