Get the compensation you deserve for the serious and lasting impact of a medical misdiagnosis.
What is Medical Misdiagnosis?
Medical misdiagnosis is when you get an incorrect, delayed or missed diagnosis from a medical professional entrusted with your care. Consultants, A&E doctors, hospital staff or even your local GP can be responsible for a medical misdiagnosis if they fail to diagnose and treat your condition correctly and promptly.
A late or wrong diagnosis can have a devastating, long-term effect on your life. You might have experienced unnecessary pain, your condition may have got significantly worse or you could even have a reduced life expectancy as the result of medical misdiagnosis.
When the stakes are so high, all medical professionals have a responsibility and duty of care to provide you with thorough, competent and error-free healthcare.
Who Can Make a Medical Misdiagnosis Claim in Northern Ireland?
If you’ve been the victim of medical misdiagnosis in Northern Ireland, you could claim compensation that recognises the hardship you’ve endured. There are two key factors when making a medical misdiagnosis claim in Northern Ireland and the UK.
Firstly, the level of care you received must have fallen below the minimum standard of competence (known as ‘breach of duty of care’). Secondly, the pain and suffering you experienced must have been avoidable or would have been less severe if you had been given the correct treatment (known as ‘causation’).
You could make a medical misdiagnosis claim if you were:
- Misdiagnosed with something less serious, which delayed the treatment you needed.
- Given the wrong diagnosis, which resulted in treatment you didn’t need.
- Given the wrong diagnosis, which led to unnecessary surgery.
- Given a distressing, incorrect diagnosis — such as being wrongly told that you were terminally ill — which caused severe psychological damage.
- Not diagnosed at all.
The most serious cases of medical misdiagnosis can lead to a tragic, preventable loss of life. If this has happened to someone close to you — such as your partner, parent, child or sibling — you may be able to bring a fatal accident claim to hold the medical professionals involved accountable for their actions.
Commonly Misdiagnosed Conditions
Medical misdiagnosis is worryingly common in Northern Ireland. Department of Health statistics show there are around 4,000 cases of clinical and social care negligence in Northern Ireland each year, with more than £40 million paid in compensation and legal fees annually.
Some of the most commonly misdiagnosed conditions include:
- Cancer Misdiagnosis
Cancer may be misdiagnosed as a less serious illness with similar symptoms. A late or missed cancer diagnosis can delay treatment and reduce your chances of being able to fight the disease successfully. - Diabetes Misdiagnosis
Type 1 diabetes is often misdiagnosed as type 2 diabetes. Delayed or incorrect diabetes treatment can cause a range of medical complications, including preventable amputations, heart attacks and strokes, kidney disease and blindness. - Meningitis Misdiagnosis
The fever, rash, vomiting, neck pain and drowsiness of bacterial meningitis may be misdiagnosed as a less serious illness or infection. Failure to treat meningitis as a medical emergency can result in serious illness or even death. - Ectopic Pregnancy Misdiagnosis
When an ectopic pregnancy is misdiagnosed as period pain or another form of abdominal pain, the delay in diagnosis can result in prolonged, excruciating pain and suffering as well as damage to a fallopian tube. - Stroke Misdiagnosis
Strokes can be misdiagnosed as a migraine or other conditions. Around 1 in 4 strokes are fatal and many others result in brain injuries or other long-term disabilities, so delayed treatment can have devastating consequences. - Epilepsy Misdiagnosis
Misdiagnosing epilepsy as another condition, diagnosing the wrong type of epilepsy and wrongly diagnosing another condition as epilepsy can result in preventable seizures, unsuitable medication being taken and unnecessary restrictions being placed on driving and other activities. - Cauda Equina Misdiagnosis
Incontinence, urinary retention and a loss of sensation in the genital area are symptoms of cauda equina syndrome. Medical professionals often overlook this and misdiagnose a different condition, which delays treatment for this serious spine condition. - Appendicitis Misdiagnosis
Appendicitis can be missed or mistaken for other causes of abdominal pain, such as constipation, gastroenteritis or a urine infection. A missed appendicitis diagnosis can result in potentially life-threatening abscesses or blood poisoning.
Claiming Medical Misdiagnosis Compensation
If you’re the victim of a medical misdiagnosis you may be entitled to compensation. The amount of medical misdiagnosis compensation you get will depend on:
- The seriousness of the injury or illness you suffered as a result of your misdiagnosis.
- The impact the misdiagnosis has had on your life.
- The financial consequences of long-term care, rehabilitation and adaptations to your home or transport.
Given the wide spectrum of medical misdiagnosis cases and the resulting consequences, it is difficult to give guidelines for medical misdiagnosis compensation payouts in Northern Ireland. In all cases, the amount awarded will include both general damages and special damages.
Compensation for General Damages – Awarded based on the pain and suffering, loss of quality of life and psychological harm caused by your medical misdiagnosis.
Compensation for Special Damages -Awarded based on loss of earnings, alterations to your home, medical fees, additional transport costs and other expenses resulting from your misdiagnosis.
For a more accurate estimate of the amount of medical misdiagnosis compensation you could expect to receive, please get in touch for a free, no-obligation consultation to discuss your circumstances.
How Our Medical Misdiagnosis Solicitors Can Help You
DA Martin Solicitors have been providing expert legal support to victims of medical misdiagnosis in Northern Ireland since 1993. We will bring all of that experience to your case to help you claim the medical misdiagnosis compensation to which you’re entitled.
Our friendly and patient medical misdiagnosis solicitors will listen carefully to your story to understand the medical negligence you’ve experienced and the impact it has had on your life.
Once we understand your situation, we will give transparent advice on our recommended course of action, funding options and the likely outcome of your medical misdiagnosis claim. This is all completely free with no obligation to proceed with your claim.
If you decide to go ahead, we will compile and assess the evidence supporting your claim, handle all of the associated paperwork and negotiate a compensation payout that fully reflects the pain and suffering you’ve faced.
Garret McCann – Medical Misdiagnosis Solicitor
- Garret qualified as a Solicitor in 2010 after graduating from Queens University Belfast in Law.
- Garret also has gained significant experience in the area of Personal Injury Law and has secured millions in damages for clients.
- For expert legal advice call Garret on 028 9446 1509
FAQs
Can you sue the NHS for misdiagnosis?
Yes, you can sue the NHS for misdiagnosis if there was a ‘breach of duty of care’ and ‘causation’. This means that the care you received from NHS staff fell below the minimum standard of competence and this caused pain and suffering that would have been less severe or entirely avoidable if you had been diagnosed correctly.
What is the average settlement for cancer misdiagnosis?
Compensation settlement figures for cancer misdiagnosis vary dramatically depending on the type of cancer, the nature of the misdiagnosis and the severity of the impact on your life. That makes it hard to give an average settlement for misdiagnosis.
Most cancer misdiagnosis payouts fall into the £50,000 — £90,000 bracket. In some cases, the settlement will be less than this and in the most serious cases it could be more. Please get in touch for a no-obligation consultation and a more accurate estimate of the amount of compensation you could receive.
What is the time limit for making a medical misdiagnosis claim?
In most cases, you have three years from the date you became aware of the misdiagnosis in which to make a medical misdiagnosis claim in Northern Ireland. The main exceptions are:
- If you were under 18 at the time of the misdiagnosis you can claim up to your 21st birthday
- If a loved one died as a result of a medical misdiagnosis, you can claim up to three years after they passed away
- If you or a close relative who received a misdiagnosis don’t have the mental capacity to make a claim, there are no time limits
There may be some discretion available if the misdiagnosis only becomes clear much later. In all cases, it is best to start your medical misdiagnosis claim at the earliest opportunity so please get in touch to discuss your case.
How much does it cost to make a medical misdiagnosis claim in Northern Ireland?
The cost of making a medical misdiagnosis claim in Northern Ireland depends on the seriousness and complexity of the case. We will always seek to claim your legal fees from the NHS or healthcare provider involved in the misdiagnosis as part of your compensation.
We are happy to talk you through other funding options, such as legal aid and after the event insurance policies, during a free consultation.
How long does a medical misdiagnosis claim take to settle?
The time taken to settle a medical misdiagnosis claim can vary greatly. Straightforward cases where the healthcare provider accepts liability tend to resolve more quickly, while more complex cases may take longer to settle.
It’s important to reach the settlement you deserve, no matter how long this takes. We will seek interim compensation payments to ensure you don’t suffer further hardship while your claim is being settled.
Start Your Medical Misdiagnosis Claim Today
For further information on making a medical misdiagnosis claim in Northern Ireland, contact us for a free, friendly, no-obligation consultation.
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