Whenever you visit a medical professional, you should be able to feel confident that the treatment you receive will be thorough, considered and appropriate. A doctor’s medical opinion is supposedly the most trustworthy opinion there is, after all. That could well be why cases of medical misdiagnosis are often so distressing for the victim. Misdiagnosis can often have serious – even fatal – consequences. Some of the most commonly misdiagnosed conditions include IBS, diabetes and ADHD, although there have been cases where illnesses as severe as cancer or meningitis have been similarly misdiagnosed.
If you have been a victim of medical misdiagnosis, it’s time to talk to Your Legal Friend. We have years of experience working on medical negligence cases, many of which have involved misdiagnosis claims. From a legal point of view, we know how complicated these cases can be. More importantly, we understand that they can leave the victim feeling incredibly vulnerable, even embarrassed. The psychological and emotional effects of medical negligence are often just as damaging as the physical impact. That’s why we are committed to guiding you through every step of the process. We will ensure that your claim is handled carefully and professionally by specialist solicitors, while working alongside experts in the medical field, to guarantee the best results for you.
The time limit on making a misdiagnosis claim
It’s beneficial if you’re quick to pursue a claim as the paperwork will be readily available and the detail of the event will still be ‘fresh’ in your mind, which will help when putting your case together. There is also a three-year time limit from the ‘date of knowledge’ where you learned that a mistake on your doctor’s part led to the pain or suffering you’re now experiencing. Usually, if you attempt to bring a claim after this date, it will be considered ‘statute barred’ or ‘out of time’ as per the Limitation Act of 1980, section 11. If you are within the time limit or are unsure as to whether you fall within the time period allowed, you can speak to us and we’ll be able to advise you as best we can based upon the information you’re able to share with us.
If you do not claim within the set time period, your claim will be considered ‘statute barred’ or ‘out of time’ and will unfortunately not be taken further. There are two exceptions to this rule, in the case of children and if the negligence directly led to a fatality. In these cases suing the NHS for negligence is still possible as the date on which time begins to run is the date of the child’s 18th birthday, and in the case of fatalities, from the date of death.
After a free initial phone consultation, a clinical negligence solicitor can get a feel for your circumstances, the problems you face and consequences you’re having to live with. If they feel that something wasn’t done, that should have been, they may go on to request copies of your medical records, with your permission, to assess whether something was missed or to see if a mistake was made. If it looks like a mistake was made, they will then speak to you to discuss whether you wish to pursue a medical negligence claim for compensation.