Discovering you have diabetes can be a shock. However, once diagnosed most patients receive the care and support they need to continue with their lives. If you have had a delayed diagnosis of diabetes or you have been misdiagnosed with the wrong type, you probably have questions that you want to be answered. A medical negligence claim may be the way forward for you, if you believe that you have suffered an injury as a result of these mistakes. Diabetes is a serious condition that has the potential to result in lifelong disabilities and in rare cases can be fatal. Where treatment is delayed, these risks are increased. As a result, those that have faced medical negligence may be entitled to make a claim for compensation from those responsible.
While compensation can’t undo the damage that medical negligence has caused, it can provide support to those affected. Our expert team are on hand to offer you the advice and support that you need throughout your claims process, including representation in Court if necessary. Here at Your Legal Friend, we pride ourselves on helping those that have been affected by medical negligence receive the justice and compensation that they deserve.
The time limit on making a diabetes claim
If you want to claim misdiagnosis of diabetes compensation you must act within three years from the ‘date of knowledge’ – the date that you first realised that mistakes had been made with your care, including the process of diagnosis.
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.
In complex cases, for example, where there has been a significant delay in your diagnosis, it can be difficult to understand when the time frame ends. If you’re unsure you can speak to one of our specialist diabetes misdiagnosis lawyers, who will be able to use their skills and expertise to help you understand what you must do next.
While you do have a maximum of three years to bring your case against those responsible forward, we advise our clients to act as soon as they can. We know that after being misdiagnosed and coming to terms with living with diabetes, a compensation claim is likely to be the last thing on your mind. But doing so sooner can help you move forward and give you access to compensation to alleviate financial concerns.