Receiving a multiple sclerosis diagnosis at any point can be life changing but when it comes after misdiagnosis and other medical mistakes, it can make the experience even more difficult to deal with. We understand how terrifying and confusing misdiagnosis can be and are here to help those that have suffered as a result.
Receiving a correct diagnosis for multiple sclerosis (MS) is not straightforward.
The doctor’s aim should be to eliminate the possibility of misdiagnosing diseases whose symptoms closely mimic those of multiple sclerosis. It’s important to be examined by a doctor who is experienced and knowledgeable in correctly diagnosing MS so the appropriate treatment can start as soon as possible.
As a degenerative condition with no cure, multiple sclerosis (MS) diagnosis is life-changing, however, due to advancement in treatment with a prompt diagnosis and proper medication and treatment patients can have a better quality of life than ever before. However, those who are diagnosed late can experience undue pain, suffering, and deterioration which could have been avoided. We understand that a compensation claim can’t turn back the clock but it can help you move forward. Some of those living with MS may find that they need to make adjustments to their homes to reflect disabilities, give up their current job, or even pay for complementary treatments to ease symptoms, the compensation award can help with this.
We’ll work on your behalf every step of the way when you choose to take forward a multiple sclerosis compensation claim. Using our expertise as specialist medical negligence lawyers will ensure we achieve the best outcome possible.
The time limit on making an MS claim
If you would like to make a claim after your MS was misdiagnosed, you must do so within the medical claim time limit. Starting from the ‘date of knowledge’ you have three years to make a claim for compensation.
In some cases, it can be difficult to understand exactly when your three-year timeframe started, especially if your case is complex or there were multiple misdiagnoses. It is, however, usually the date on which your MS was finally diagnosed. If you’re unsure or confused about when you need to take action, we can help. We’ll work with you to unravel exactly what happened and take the time to listen to your experiences. From here, we’ll be able to tell you exactly how long you have to take a case forward against those responsible for the medical negligence.
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.
While you have a maximum of three years to act, we advise our clients that they do so as soon as they are able to. We know that while you’re coming to terms with a multiple sclerosis diagnosis, a legal case can seem like a daunting prospect but it is better to not delay. We’ll need to take a witness statement from you to support your claims and it’s typically easier to recall the finer details the sooner you do this task. We’ll gather other evidence to support your case too, such as medical records, and scans and these may be easier to obtain the sooner a request is made.