The most important ingredient in treating any condition, whether benign or more serious, is time. The sooner you know what is wrong, the quicker you can get in place the treatment plan to return to health, and the better your chance of a full recovery. So it stands to reason that any delay in diagnosis of a condition represents a setback in your chances of getting better. Delayed diagnosis, whatever the condition, is a precursor to negative outcomes, from loss of earnings and independence, to serious disability and potentially mortality.
While acknowledging the difficulty for physicians and the importance of not making a hasty diagnosis, it is equally important to underline the rights of a patient to get the treatment they need with the minimum of waiting time. In cases where negligence via a delayed diagnosis has led to a negative outcome, access to delayed diagnosis claims is essential; having robust legal support is of fundamental importance to achieving a settlement that can begin to right the wrongs that have occurred.
Read on to understand everything there is to know about delayed diagnosis claims, your legal rights, and if you should consider claiming for compensation.
The legal basis for delayed diagnosis claims is an illness or injury not being diagnosed in reasonable time, and therefore remaining untreated for a period of time. This definition covers a number of areas, including where the condition is initially misdiagnosed and a wrong or imperfect treatment implemented. As a consequence, the outcome of treatment is less than ideal.
Diagnosis can be delayed by misinterpretation of test results, failure to take into account a reported symptom, or administrative errors including delays in follow-up appointments or the wrong tests being ordered. In any case where these issues have been shown to prevent the proactive treatment of a condition where swifter intervention could have delivered a better outcome, there is the basis for a delayed diagnosis claim. If you believe that you have been let down in this way, then it is important to seek legal redress as soon as possible.
There is a legal basis to bring legal action against a provider of healthcare if you feel that you have been affected by a delayed diagnosis. The key to this potential legal action is that you must be able to prove that:
You will need to show that a duty of care was owed, this duty was breached, and the breach directly caused harm. In a delayed diagnosis claim, you will be required to demonstrate this with the use of expert medical testimony representing a clear through-line from the first point to the last.
A claim for delayed diagnosis begins with the recognition that medical professionals have failed to diagnose a condition properly and in a timely fashion. This is what personal injury solicitors will need to prove should the claim come to litigation. There are a number of common causes for a delayed diagnosis claim, including but not limited to the following:
One of the most common forms of delay in diagnosis is when a mistaken diagnosis is made. It may be that a patient is, for example, initially diagnosed with a digestive or gastrointestinal condition. The condition may fail to respond to treatment, whereupon further investigation reveals cancer in the digestive system. The time spent treating the misdiagnosed condition could have been spent actively treating the cancer; this can lead to a longer recovery or worse. In this case the delay in diagnosis has led to a negative outcome.
As part of diagnosis of any condition, the appropriate tests are essential to early detection. Certain symptoms suggest certain tests, and the results of these tests can indicate a diagnosis before the condition has progressed to a more acute stage. If there is a symptomatic reason to order specific tests, and these have not been performed, then there may very well be a case to be made for a delayed diagnosis of cancer or another serious condition.
The correct diagnosis of a health condition can involve the input of numerous professionals. A patient’s symptoms might indicate that the assistance of a gastroenterologist, neurologist, or other specialist would be beneficial, but they have to know what they are looking for. If this is poorly communicated, or there is a lack of clarity when they reply to the primary physician, it can create a delay in the accurate diagnosis of a condition. As a result, treatment may be delayed or the wrong treatment begun. This can result in a worse outcome for the patient.
There will be a legal process involved in delay in diagnosis claims. This will involve gathering the necessary information from a patient’s medical records, securing expert testimony from medical professionals, and demonstrating the nature of any harm caused by the delay. This may involve showing a patient’s potential future earnings and how they have been impacted by the results of any delay in diagnosis.
As previously mentioned, time is the most important ingredient in the diagnosis and treatment of a medical condition, and the more serious the condition, the more essential a prompt diagnosis. The following are some examples of conditions that may be diagnosed late, and how this can affect a patient’s prognosis.
It’s the diagnosis nobody wants, but even some of the more severe forms of cancer can be survivable with enough time and the right treatment decisions. A delay in diagnosis of cancer can be the difference between Stage 1 and Stage 2, or anywhere up to Stage 4, where treatment options are more limited and survivability rates drop. Waiting for a possible cancer diagnosis can be extremely stressful and affect the patient’s chances of recovery; if there is a delay, it’s inevitable that outcomes will be affected.
There are few conditions where time is as vital as in the case of sepsis. Literally referring to blood poisoning, this diagnosis needs to be timely as delays in treatment can result in the most severe complications. If allowed to progress, sepsis can lead to amputation, severe impairments to cognitive function, acute organ failure and potentially death. With quick diagnosis, treatment can be very straightforward, but any delay can be catastrophic.
Meningitis is difficult to diagnose, as in its early stages it can appear with symptoms similar to a cold or flu. It is particularly pernicious in children and late diagnosis is potentially lethal; if you recognise any of the symptoms of meningitis it is essential to seek medical advice promptly and to press the case with a primary physician; diagnosis is made by a lumbar puncture which takes cerebrospinal fluid (CSF). Because the early symptoms are similar to less severe conditions, but the potential outcomes so much worse, it is necessary to act fast if meningitis is even cautiously suspected.
While not as potentially lethal as the above diagnoses, a retinal detachment does have profound implications if not treated promptly. Patients who are experiencing a higher than usual incidence of “floaters” or flashes in their vision should be checked for possible retinal detachment. If misdiagnosed initially or treated slowly, loss of sight is a potential result of this condition.
Compartment syndrome
Compartment syndrome is a condition that affects muscles by way of increased pressure, and can be caused by a bandage or plaster cast being too tight, or result chronically from exercise. When not diagnosed in time, it can be serious enough to necessitate amputation, and even when that is not necessary, permanent nerve damage may result. Delays in diagnosis can be particularly harmful if the patient works in a job that is affected by the long-term outcome of the condition.
Nobody wants to consider the option of an amputation, but in cases where it is necessary, delays in carrying it out can lead to complications including the need for a more extensive amputation, or serious infection which can have further-ranging effects including sepsis. Delays to treatment may be understandable given the gravity of the procedure, but undue delays can result in a much greater injury to the patient.
In truth, the amount of compensation for any delayed diagnosis will depend on a number of factors including pain, suffering and loss of amenity, as well as potential lost earnings, so it is not beneficial to speculate on how much you could be entitled to. This will be estimated after considering the following matters:
Damages may be awarded based on the severity of the pain resulting from a delayed diagnosis; this, along with the general suffering that is caused by the condition, can result in considerable damages. If you have been subjected to an extended period of illness or pain, this can be extremely stressful and impact on your quality of life. This will be considered in any award, along with loss of amenity. This means you may no longer be able to do something you used to enjoy. If you previously played football regularly or were a keen gardener and the delayed diagnosis has resulted in you having to give these hobbies up, this will be considered too.
This part of the award will relate to any quantifiable financial damage you have incurred as a result of the delayed diagnosis. This can include the cost of travel to medical appointments which would not have been necessary but for the error; the cost of medical appointments themselves, should you have been forced to seek private treatment; any potential earnings that have been lost due to time away from work or forced retirement; and the cost of adaptations that will be needed in your home and elsewhere, both now and in the future.
Much like claiming for medical negligence, there are certain steps and procedures to follow, which make it difficult to provide a timeframe. It’s not an easy estimate to make, but a delayed diagnosis claim will not settle overnight. Indeed, it is common for uncontested claims with admitted liability to still take more than a year due to the nature of proving the claim. If the claim is contested, this can be extended, sometimes significantly. There is still good reason to be prompt with your claim, though; from the end of your treatment, you must file within three years for your case to be considered.
The duration of any claim is affected by: the complexity of the case; the time taken to collate and sequence the evidence of damage done; and the need to secure expert advice. Any claim will be easier to conclude, and will be settled quicker, if legal consultation is sought early and all advice acted upon promptly.
Your first step should be to seek all the paperwork you can access that relates to your potential case. This will include medical records, which you are entitled to see in full; it should also include a timeline of your symptoms and medical appointments as best as you can remember and reference them; it may also be wise at this point to seek a medical second opinion so that you can demonstrate the difference between initial advice and the correct advice.
You should then consult one of our medical negligence claims expert’s for an initial consultation and advice on next steps. This is important, as you may need to take certain actions in relation to a contested claim such as seeking references from employers and witness statements. Then gather together all the evidence you have, creating a reference manifest that shows what your claim entails and the information you have to prove it.
Stress - and illness itself - are not helpful for the recollection of memories, so you may have forgotten some information. At this point, it is useful to consult diaries, if you have them; speak to friends and family to see what they remember from the time; and very importantly, your full medical notes. The more information you can pull together, the better you can corroborate a claim even if it can’t be proven with primary evidence.
Collate everything in chronological order, helping to build a case. Highlight dates of appointments and when symptoms were reported, then present the notes to your solicitor for review and further advice.
We need demonstration of the harm that has been caused by the delayed diagnosis. In your own words, what has been the impact on your life, work and family from your condition not being identified in time. We also look for as full a timeline of evidence as possible to support your claim.
We offer clear and timely advice assisting you in making the most complete claim possible. We can also secure expert testimony, represent you in any legal proceedings, and help you find the most beneficial financial solution.
It needn’t cost anything - we offer a no win, no fee service and a clear cost breakdown letting you know what your best options are. We will take you through all of the financial questions at the time of your consultation.
Delayed diagnosis can have serious consequences for your health, finances, and quality of life. If you believe a medical professional failed to diagnose your condition in a timely manner, you may have grounds for a delayed diagnosis claim.
Key Takeaways:
If you think you’ve been affected by delayed diagnosis:
We provide clear, compassionate support to ensure you get the answers and compensation you deserve. With our no win, no fee service, pursuing a claim carries no financial risk.
Contact us today on 0333 444 4422 for a free consultation at one of our offices, Hartlepool, Stockton, Wynyard, Barnard Castle, or remote. Let our team help you take the first step towards justice.
