If a GP has delayed your diagnosis and you’ve suffered harm as a result, you may be wondering if you could make a medical negligence compensation claim. In this guide, we’ll explore what medical negligence is, and the duty of care that your doctor or GP owes you as their patient.
Following this, we will discuss what a delayed diagnosis is, and how a delay in diagnosing a medical condition or injury could harm you further. If your claim meets the criteria, you could receive compensation. We’ll discuss what this compensation could be made up of, and how each area is calculated.
Finally, we will discuss how a No Win No Fee solicitor could help you through the medical negligence claims process. Read on to learn more or contact our team of advisors to get started. When you talk to a member of our team, they could offer a free evaluation of your case and may connect you with a solicitor from our panel. To get in touch:
Browse Our Guide
- When Can You Claim If A GP Has Delayed Your Diagnosis?
- Examples Of When You Could Make A Delayed Diagnosis Claim Against A GP
- Medical Negligence Claim Calculator – How Much Compensation Could You Receive?
- What Evidence Could Help You In A Misdiagnosis Claim?
- Make A Delayed Diagnosis Claim On A No Win No Fee Basis
- Learn More About Claiming If A GP Has Delayed Your Diagnosis
All medical professionals owe a duty of care to their patients. This means that they have to provide the correct standard of care. If they fail to do this, and you suffer harm as a result, then this is classed as medical negligence. The responsibilities of medical professionals under this duty will vary from field to field. You can learn more about the duties of a doctor from the General Medical Council (GMC).
To make a medical negligence claim for the harm you suffered because a GP has delayed your diagnosis, your case must meet certain criteria in order to be valid. This means you have to be able to prove that:
- Your GP owed you a duty of care
- They did not fulfil this duty
- You suffered harm as a result
Not all cases of delayed diagnosis will mean that your GP has been negligent. A delayed diagnosis can happen for different reasons. To make a compensation claim the delay in diagnosis must have been caused by the GP being negligent in order to have a valid medical negligence claim.
For example, if your diagnosis was delayed because you did not show typical symptoms, then you may not be able to claim.
Our advisors are here to help. If you’d like to find out if you could be eligible to claim, contact a member of our team and start your free evaluation.
As we mentioned in the section above, not all instances of a delay in diagnosis will result in a valid claim. Some examples of when you could make a delayed diagnosis claim against a GP include:
- Delayed diagnosis of cancer: For example, a GP failed to listen correctly to the symptoms a patient was describing that clearly indicated signs of breast cancer. This meant they didn’t refer them for further tests, such as a mammogram. As a consequence this allowed the cancer to spread.
- Test results: A patient was given blood tests however the GP failed to report the results to the patient. This meant that the patient’s condition worsened due to receiving no follow-up appointment or medication.
- Misdiagnosis of a fracture: A patient visits the GP surgery after experiencing a fall. Their arm is clearly broken. However, the GP misses this and does not refer them for an X-ray. The fracture worsens, and the patient has to undergo an operation they would have not otherwise needed.
These are just a few examples of when you could make a claim for a delayed diagnosis. To have any medical negligence claim questions answered please call our advisors now.
You may be wondering how much compensation you could receive if your medical negligence claim were to succeed. There are two heads of claim that you could pursue in a medical negligence claim: these are general damages and special damages.
General damages are awarded to all successful claimants, as this head of claim addresses the harm you suffered as a result of the medical professional breaching their duty of care. When solicitors calculate this head of claim, one tool they can use to help them reach a value is the Judicial College Guidelines (JCG).
The JCG offers guideline compensation brackets that correspond with different injuries and illnesses. You can see some examples of these guideline brackets in the table below. Please note that this table is for guidance only.
|Very Severe Brain Damage
|£282,010 to £403,990
|There is no language function, and little response to environment, with double incontinence and a need for round-the-clock nursing care.
|Moderate Brain Damage (c) (i)
|£150,110 to £219,070
|In this bracket there will be a moderate-to-severe intellectual deficit, and some risk of epilepsy.
|The age and life expectancy of the claimant are considered here, along with the presence of depression and pain and the degree of independence.
|In the region of
|Total loss of sight in both eyes.
|Lung disease (a)
|£100,670 to £135,920
|In a young person where there is a probability that the illness will worsen and lead to a premature death.
|Lung Disease (b)
|£70,030 to £97,330
|Lung cancer that causes significant impairment of function and pain.
|£44,590 to £69,730
|Impairment of function and often necessitating temporary colostomy.
|Up to £63,980
|Significant risk of future urinary tract infection.
|£23,410 to £31,310
|Almost a complete recovery but some fairly long-term interference.
Claiming For Financial Losses In A Medical Negligence Case
Special damages address the financial losses you experience as a result of the medical negligence.
Special damages can also cover the cost of:
- Help with housekeeping
- Mobility aids
- Loss of earnings
- Medical costs
However, in order to claim under this heading, you must be able to prove your losses. Because of this, it can be useful to keep any invoices, bills, or receipts.
To learn more about claiming if a GP delayed your diagnosis, contact our team of advisors today.
Evidence is crucial in making a medical negligence claim. The right evidence can help show that your GP is liable for the delay in your diagnosis. It can also illustrate the severity of the harm you suffered as a result.
Some examples of evidence that you could use to prove a medical negligence claim include:
- Medical records: Your medical records will detail the treatment your doctor gives you. These might illustrate where your doctor acted negligently.
- Patient notes: Similar to your medical records, your patient notes, or a hospital chart can give some insight into the treatment you received. It can also illustrate the actions taken or not taken by your doctor.
- Witness statements: While you can’t take these statements yourself, keeping the contact details of anyone who witnesses your interactions with your GP can be helpful. This means that their statements can be taken at a later date.
- Prescriptions: Your prescriptions can demonstrate if your doctor gave you medication that may have made your condition worse.
- Symptoms diary: Keeping a symptoms diary creates a record of the harm you suffer as a result of the delay in diagnosis.
If you choose to work with a legal professional on your claim, they can help you source other relevant evidence. Contact our team today to find out if a solicitor from our panel could help you claim if a GP delayed your diagnosis.
If you are ready to make a claim for a delayed diagnosis, a solicitor from our panel could help. The solicitors on our panel provide their services on a No Win No Fee basis. They do this by working under a Conditional Fee Agreement (CFA).
Working under the terms of a CFA, your solicitor doesn’t expect to receive a payment for them to begin working, nor do they expect payments for their continued work. Likewise, if your claim doesn’t succeed, your solicitor won’t take a payment for their services. They will take a success fee if your claim succeeds, which is deducted from your compensation. This is taken as a small percentage, and the amount your solicitor can take is limited by a legislative cap.
To find out if you could be eligible to work with one of the solicitors on our panel, contact our team of advisors today. A member of our team can evaluate your claim for free. They can also answer any questions you might have about claiming if a GP has delayed your diagnosis. To get in touch:
For more help with medical negligence claims, we recommend:
- Find out what you need to know about making a prescription error claim with our helpful guide
- If you were harmed by a prescription error, you might be eligible for compensation. Our guide offers more information.
- Get more information on whether or not you could claim after being prescribed the wrong medication with our guide.
- This article can help you understand when you could claim for the misdiagnosis of leukaemia and what evidence you could use when claiming.
Or, to learn more:
- GMC – Ethical Guidance For Medical Professionals
- NHS – When To Call 999
- GOV – Statutory Sick Pay (SSP)
Thank you for reading our guide on making a medical negligence claim if a GP has delayed your diagnosis.