Delayed Diagnosis

Delayed Diagnosis Claims

The NHS is under pressure and, unfortunately, this has led to increased waiting times and delays in the diagnosis of serious illnesses like cancer. While guidelines are in place to ensure that suspected serious conditions are investigated promptly, sometimes things go wrong. For patients, finding out that their health outcomes may be worse as a result of a delayed diagnosis can be difficult to come to terms with.

As specialist medical negligence solicitors, we are very experienced in dealing with these types of claims. Our top-ranked team has secured significant compensation for clients who have suffered due to delayed diagnosis, including helping those affected by fast-progressing conditions like cancer, heart disease and pregnancy-related complications.

This page can help you understand:

• The effects of a late diagnosis and how it can affect your life.
• If you might be eligible to make a claim for compensation.
• How we handle claims and gather evidence to support your case.
• What compensation you could receive and how we determine the amount.

What is a delayed diagnosis?

A delayed diagnosis occurs when you learn that an illness or injury could have been diagnosed earlier, had the proper action been taken by a medical professional. This may mean you are a victim of:

• Failure to conduct proper tests or investigations
• Failure to refer you for further testing
• Delays in receiving test results
• Misinterpretation of test results
• Not following up on abnormal results or symptoms
• Failure to follow medical guidelines or protocols
• Miscommunication between health professionals
• Being ‘lost in the system’, where you are not advised of appointments you need to attend

What are the effects of a delayed diagnosis?

Early detection of an illness or injury almost always leads to a better outcome. Taking bowel cancer as an example, prompt diagnosis through screening provides for a survival rate of approximately 98%, compared to only 44% when diagnosed later through referral or emergency presentation. Less-invasive treatments are often available when the diagnosis is made early, and the chances of a full recovery are often higher.

In some cases, delayed diagnosis can lead to serious consequences such as:

• Needing additional or more risky surgeries
• Longer hospital stays and rehabilitation
• Additional healing time and lost income due to lack of work
• Development of secondary health problems
• The advancement of cancer from an early stage to a more severe stage, or its spread to other parts of the body
• Increased risk to life if serious infections such as sepsis or meningitis are not promptly identified and treated
• Potential for permanent paralysis, for example, in cases where stroke symptoms are not addressed quickly enough.
• Long-lasting effects on mental health, including conditions such as anxiety, depression, and post-traumatic stress disorder (PTSD).

Every delayed diagnosis can lead to a wide range of consequences, and no two cases are the same. Our lawyers take these claims very seriously. We work hard to help our clients secure the compensation, and answers, they deserve.

Am I eligible to make a delayed diagnosis claim?

Not all cases of delayed diagnosis will lead to a successful compensation claim. To have grounds for a claim, you will need to prove that:

1. Your doctor or healthcare professional failed in their duty to provide an acceptable standard of medical care.
2. This breach of duty caused harm or aggravated an existing condition.
3. That harm could have been avoided had the proper steps been taken.

This may sound straightforward. However, some illnesses are extremely difficult to diagnose and it may not be immediately apparent that a mistake has been made. The tremors associated with Parkinson’s Disease can easily be mistaken as a symptom of old age, for example, and heart attacks can be mistaken for indigestion at their onset.

The test is not whether the medical professional objectively missed the signs of a serious medical condition or injury, but whether they failed to do what a competent healthcare professional would have done when presented with similar symptoms.

To prove this, we review your medical records, independent medical evidence, and the medical protocols that were in place at the time of your treatment, among other evidence.

How much compensation can I expect for a delayed diagnosis claim?

The impact of a delayed diagnosis will vary from person to person. When we handle your case, we will collect all the necessary evidence to ensure you get the full compensation you deserve, including an expert assessment of your prognosis and long-term care needs.

Compensation is there to help ease the challenges you face and support your recovery where possible. The funds you receive can cover a variety of costs, such as:

• Private medical treatment
• Rehabilitation expenses
• Accessing palliative care, especially for conditions like terminal cancer
• Replacing lost income
• Making necessary changes to your home or car for accessibility
• Traveling to additional medical appointments
• Purchasing essential equipment like walking aids or breathing aids
• Addressing the pain and emotional impact of your delayed diagnosis

Why work with Osbornes?

You have just one chance to make a claim, so securing the highest quality legal representation is crucial. Clients choose us for their delayed diagnosis claims because:

• We are top-rated in legal directors and Trustpilot for our professional and understanding service.
• We have qualified medical practitioners on our team with insider knowledge of NHS procedures.
• We are members of the Action Against Medical Accidents and the Law Society’s panel for medical negligence solicitors, which ensures that the highest standards of legal practice are met.
• We have years of experience handling a wide range of delayed diagnosis cases, and we have won significant settlements for our clients.

When you contact us, a member of our team will listen to your story and assess whether you have grounds for a delayed diagnosis claim. If we believe you do, we’ll offer free legal advice about what steps you can take next with no obligation to work with us.

If you choose to move forward with a claim, our no-win, no-fee agreement means you don’t have to pay any fees until your case is won. We take the financial risk for you so that you can focus on your recovery.

To speak with one of our solicitors, contact us by:

• Filling in our online enquiry form; or
• Calling us on 020 7485 8811