A claim under the Inheritance (Provision for Family and Dependants) Act 1975 for reasonable...
Thousands of patients at Medway Maritime and Darent Valley Hospitals experienced significant delays in ENT referrals due to administrative failures. This affected both new and follow-up appointments, breaching NHS waiting time guidelines. An independent investigation is underway, and the Trust is contacting impacted patients. Those who’ve suffered harm due to these delays may be entitled to bring a clinical negligence claim.
1. Have I been affected by the ENT delays at Medway Maritime Hospital or Darent Valley Hospital?
If you were referred to an ENT specialist at Medway Maritime Hospital or Darent Valley Hospital and experienced a long wait to be seen, you may be among the 8,849 patients affected by the recently admitted referral delays. Contact us if you are unsure — we can advise whether you may have the right to potentially claim compensation.
2. What conditions can worsen due to a delayed ENT diagnosis?
Common ENT conditions that can become more serious over time include:
- Hearing loss
- Chronic sinus or ear infections
- Throat cancers or tumours
- Sleep apnoea
- Balance disorders
- Swallowing difficulties
Delays in diagnosis and treatment may result in permanent damage, especially for conditions like cancer or infection.
3. How long should I wait for an ENT referral under NHS guidelines?
According to NHS standards, routine referrals should be addressed within 18 weeks. Urgent referrals (e.g. for suspected cancer) should be seen within 2 weeks. Waiting longer may indicate mismanagement.
It is believed that some of the patients affected in this incident, may have been waiting up to 5 years.
4. Can I claim compensation for a delayed ENT diagnosis?
Yes. If a delay in your diagnosis or treatment caused avoidable harm, worsened your condition, or impacted your quality of life, you may be able to make a medical negligence compensation claim.
5. How much compensation can I receive for a delayed diagnosis claim?
Compensation is intended to make up for the pain and suffering caused to you to put you back in the same position as the negligence never occurred. The amount varies depending on the severity and impact of the harm caused. You may be entitled to claim for:
- Pain and suffering
- Loss of earnings
- Cost of private treatment or care
- Psychological trauma
- Travel and rehabilitation costs
This list is not exhaustive, and we would explore your specific losses with you.
6. What evidence do I need to claim for delayed ENT diagnosis?
We can help gather:
- Your full medical records
- Appointment history and referral dates
- Expert medical opinions
- Statements from witnesses or family
- Details of how your condition worsened over time, with the benefit of independent expert evidence, if appropriate.
7. How long do I have to make a delayed diagnosis claim?
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 which you can bring your claim.
The standard time limit is three years from when:
- The date of the negligence, or
- You date you realised the negligence occurred to start your claim.
Different rules apply for children, deceased people or people without mental capacity. We would be able to specifically advise you on the same.
8. Will I have to go to court for my ENT negligence claim?
In most cases, no. The majority of delayed diagnosis claims settle through negotiation without going to court. If needed, we’ll support and represent you every step of the way.
9. Can I make a no win, no fee claim for delayed ENT diagnosis?
Yes. 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 offer no win, no fee agreements (also known as conditional fee agreements) to the majority of our clients, so you can claim without financial risk. You won’t pay any legal fees upfront and only pay if your claim is successful.
10. Will claiming affect my benefits or tax?
Receiving compensation could impact means-tested benefits, but we can help you set up a personal injury trust to protect your eligibility and keep your finances secure.
11. Can I claim on behalf of someone else?
Yes. You can claim on behalf of:
- A child under 18
- Someone who has passed away
- A person lacking mental capacity
We’ll advise on the process and handle all legal steps on your behalf.
12. Is it wrong to claim compensation from the NHS?
Absolutely not. While we all value the NHS, patients deserve safe, timely care. Making a claim not only helps you recover damages but can also expose system failures and prevent future harm to others.
13. What should I do if I think my ENT condition was missed or delayed?
To find out more about starting a delayed diagnosis compensation claim with us, contact our specialist medical negligence solicitors for a free, confidential, initial no-obligation consultation on 01689 887887 or use the enquiry form on this page.
We will listen to your experience, assess whether you have a claim, and explain your next steps you will need to take to receive compensation, if your case has sufficient prospects of success.