Can I sue for misdiagnosis?

Can you sue for misdiagnosis?

Misdiagnosis is a common form/type of medical negligence and it comes in two different forms. There is medical negligence either where an injury or illness is completely undiagnosed or you can sue a practitioner for a misdiagnosis. Both of these situations can cause serious problems for the patient and can have a big impact upon their future.

Our team of solicitors here at Davies and Partners has a wide range of expertise in medical misdiagnosis claims:

  • Brain Tumour Misdiagnosis
  • Hospital Missed Fracture
  • Missed Fracture Compensation
  • Misdiagnosis of bowel cancer
  • Misdiagnosis of breast cancer
  • Misdiagnosis of cervical cancer
  • Misdiagnosis of Epilepsy
  • Heart disease/attack misdiagnosis
  • Herpes misdiagnosis

If you have experienced a situation where a condition has been left undiagnosed or incorrectly diagnosed, resulting in delayed treatment or a worsened condition, contact us today for a free initial consultation with one of our expert medical negligence solicitors.

Can you sue for medical negligence?

Any form of medical negligence is a breach of a medical practitioner’s duty to their patient. If that negligence has resulted in an injury or illness, or the worsening of a current injury or illness, then you are able to make a claim.

What is the time frame for making a claim or How long do you have before you can sue for medical malpractice?

Generally, you will have a 3 year limitation period in which to bring a claim for medical malpractice. This runs either from the date of the negligent treatment or the ‘date of knowledge’ that the negligent treatment caused the injury or illness incurred.

There are, however, a few exceptions to this rule:

Children: In cases involving children under the age of 18, their limitation period will not begin to run until their 18th birthday and so it will expire on their 21st birthday. Children do not have legal capacity.

Lack of mental capacity: Where a victim does not have mental capacity due to a mental disability, their limitation period will not begin to run until they regain that capacity. If they do not regain their capacity, then they will never be subject to a limitation period and can bring a claim at any time. A person without mental capacity does not have legal capacity.

Both children and claimants who lack the mental capacity to bring a claim themselves can be represented by a ‘Litigation Friend’, who will bring a claim and act on their behalf whilst they do not have legal capacity. If they gain or regain their legal capacity during the process of a claim, the litigation friend must stop acting on their behalf.

If you would like to know if you can sue for medical negligence, then please contact our team to discuss your claim.

Our blogs:

Delays in Bowel Cancer Diagnosis

Misdiagnosis of Appendicitis in Children

NHS apology over amputee toddler in toxic shock misdiagnosis

Failure to Diagnose a Blood Clot on the Lung – case report

How long do I have to claim compensation?

Claim settled relating to failure to diagnose and treat a lung condition

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