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Delayed Diagnosis Claims

Healthcare professionals sometimes make mistakes that can lead to serious and life-changing injuries. If you have suffered an injury or an injury has been made worse because a healthcare professional did not diagnose you when they should have, you may be able to claim medical negligence compensation.

Delays in diagnosis often occur due to mistakes made by tired, overworked or inexperienced staff.  Our specialist medical negligence solicitors understand how upsetting it is to be let down by the people and organisations whose job it is to care for you. It can be particularly frustrating where healthcare professionals have failed to diagnose you over a long period of time, even though you knew something was wrong. We know that getting a lawyer you can trust to provide reliable advice and support your best interests during this difficult time is essential.

Our goal is to help you achieve the compensation you need to get your life back on track. We are recognised as some of the top medical negligence solicitors in Kent and are ranked band 1 (the highest ranking) for Personal Injury by leading client guide, Chambers & Partners. Our solicitors are also on the panel of Action Against Medical Accidents, a leading charity for the prevention of avoidable medical related injuries and helping injured individuals access justice.

We are happy to accept the majority of our clients on a no win, no fee basis. This means that you can have the opportunity to pursue your claim with no financial risk. We also offer an initial, no obligation consultation so we can provide more information about our service and you can decide whether we are the right solicitors for you.

Get in touch with our delayed diagnosis solicitors in Orpington

We are conveniently located in Orpington, the London Borough of Bromley which is easily accessible for individuals from London, Kent and the surrounding areas.

To find out more about starting a delayed diagnosis compensation claim with us, please give us a call or fill in our online enquiry form.

Personal injury FAQs

If you’re looking for answers to specific questions about medical negligence or personal injury claims, such as:

  • Am I eligible to make a personal injury claim?
  • How is my injury claim pursued?
  • How long will my personal injury claim take?
  • How much compensation will I receive from my negligence claim?

Then please visit our Personal Injury Claims Frequently Asked Questions page.

Our delayed diagnosis claims expertise

We have helped countless individuals make claims for clinical negligence compensation after sustaining injuries as a result of delayed diagnosis.

The types of medical diagnosis failures we advise on include:

  • Delayed diagnosis by a GP
  • Delayed diagnosis in A&E and at the hospital
  • Failure to diagnose over a long period of time (e.g. repeated GP visits)
  • Failure to refer to a consultant for diagnosis, tests or treatment
  • Failing to read X Rays and other test results correctly
  • Failing to spot an issue on an X Ray or other test such as a fracture or tumour
  • Failure to prescribe medicine when needed
  • Failure to follow up after consultation, tests or treatment
  • Administrative errors that lead to delayed diagnosis such as losing test results

We have successfully claimed compensation for a wide range of injuries caused or worsened by delayed diagnosis, including (but not limited to):

  • Cancer
  • Brain tumours
  • Infections
  • Sepsis
  • Meningitis
  • Fractures and broken bones
  • Diabetes
  • Vision problems
  • Strokes
  • Testicular torsion

No win, no fee delayed diagnosis claims

We believe that every individual should have the opportunity to claim compensation and seek answers for the loss and suffering they have experienced as a result of medical negligence.

That is why we are happy to offer no win, no fee agreements (also known as conditional fee agreements) to the majority of our clients.

How to no win, no fee agreements work?

Under a no win, no fee agreement, you do not have to pay any of our solicitor fees upfront and you will only have to pay our fees if you receive compensation. In many cases, we are able to claim our fees back from the negligent healthcare provider so that you can keep the maximum amount of compensation possible.

We also offer an initial no-obligation consultation before you officially instruct us so that we can discuss your case and prospects for success. We will be open and honest about your chances and the steps you will need to take to receive compensation. That way, you can make an informed decision about whether you would like to start your delayed diagnosis claim with us.

Visit our Legal Costs in Personal Injury and Medical Negligence Claims page for more information.

What can I claim compensation for?

Medical negligence compensation is intended to make up for the pain and suffering caused to you and to put you back in the same position as if the negligence never occurred. It can cover things like:

  • Loss of amenity – not being able to take part in activities you enjoy anymore
  • Loss of earnings and earning capacity – if you are temporarily or permanently unable to work
  • The cost of home adjustments, rehabilitation, care, and counselling
  • The cost of home help and childcare
  • The cost of travelling to and from medical appointments

Can I claim compensation for psychological injuries?

Sustaining an injury due to delayed diagnosis can be incredibly traumatic and it is not unusual to start experiencing mental health issues or have an existing mental health condition worsened as a result.

The courts recognise that psychological injuries are just as valid as physical injuries so we can also help you claim compensation for conditions such as post-traumatic stress disorder, depression and anxiety caused by the medical negligence.

Why do delays in diagnosis happen?

Healthcare professionals are only human so sometimes mistakes do happen, particularly when workers are tired or stretched too thinly across a department. This is common in Accident & Emergency departments where the doctors and nurses work long shifts and often have many patients to cope with. However, it can occur within any service, including GP’s services and private healthcare providers.

Regardless of where the negligence occurred, where the standards of care provided to you fall short and you suffer an injury as a result, it is only fair that the healthcare provider makes amends.

Is it right to sue the NHS?

As a country we take enormous pride in our NHS. However, it is important to remember that if you have suffered harm due to medical negligence, it is only reasonable that the healthcare provider takes steps to put things right.

By making a claim, you may also highlight ongoing issues within an NHS trust’s care that they need to correct to protect other patients from harm.

The process for resolving delayed diagnosis claims

Investigating the claim – our first step will be to get to know you and the details of your case so we can provide advice on the strength of your claim. We will then take steps to gather as much evidence as possible to support your claim, including medical records and witness statements. We will also secure the services of independent medical experts to provide an assessment.

Assessing quantum – this is the stage where the value of your claim is assessed, both in terms of your injuries, their impact on your life, and your financial and non-financial losses.

Out-of-court settlement negotiations – with our assistance, there is little chance that you will need to attend court, saving you potential expense and stress. In our experience, most healthcare providers want to avoid a full-blown medical negligence trial and are prepared to settle. We will utilise strong negotiation skills to seek the best possible settlement for you.

Initiating court proceedings – in those few cases where the healthcare provider is unwilling to provide adequate compensation we can help you take court action. We can support you throughout every stage of the proceedings, ensuring that your case is presented robustly. You will also have our sensitive, professional support throughout the proceedings.

Delayed diagnosis claim time limits

We recommend that you get in touch with us as soon as possible to start your delayed diagnosis compensation claim because there are strict time limits on when you can bring your claim.

The standard time limit is that you have 3 years from the date of the negligence, or the date you realised the negligence occurred to start your claim. There are some exceptions to this rule:

Children under 18 years old – you have until the child turns 18 to start a claim on their behalf. They then have 3 years until their 21st birthday to make a claim themselves.

Deceased people – if you need to claim on behalf of a loved one who has sadly died due to medical negligence, you have 3 years from the date of their death.

Claimants lacking mental capacity – if you need to claim on behalf of someone who lacks mental capacity (e.g. due to severe learning difficulties or dementia), there are no time limits unless the person later regains capacity (e.g. they were in a coma but then they wake up).

Protecting your state benefits

If you receive means tested state benefits, receiving compensation could affect your eligibility. We can help you set up a personal injury trust to ring-fence your compensation and prevent it from affecting your benefits.

Speak to our delayed diagnosis solicitors in Orpington today

To find out more about starting a delayed diagnosis compensation claim with us, please give us a call or fill in our online enquiry form