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A guide to medical negligence, including delayed diagnosis and misdiagnosis of cancer

Medical negligence can impact not only your health but your emotional wellbeing as well. For example, delayed diagnosis, a form of clinical negligence, can dramatically affect your quality of life and may even change your ability to make a full recovery. In a worst-case scenario, such as in the case of aggressive cancers where time is of the essence, delayed treatment or misdiagnosis may make it too late to receive treatment, reducing life expectancy.

Last updated on January 16th, 2024 at 02:28 pm

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    As the UK went into lockdown due to the COVID-19 pandemic thousands of people missed out on vital treatments, referrals, and routine screenings as the NHS shifted their focus to dealing with patients directly affected by coronavirus. Indeed, the BBC recently reported on a study conducted by DATA-CAN, the Health Care Research HUB (HDR-UK) for cancer, which highlighted that there could be an additional 35,000 cancer deaths in the UK due to delayed diagnosis and treatments.

    If you believe you have been a victim of medical negligence, then read our medical solicitor’s guide to some of the most frequently asked medical negligence and delayed diagnosis questions. Graysons’ team of medical lawyers are experts in clinical negligence, including delayed diagnosis and misdiagnosis of cancer, and will be able to help you receive the best compensation possible.

    Can you sue the NHS for clinical negligence?


    Yes, you can sue the NHS for medical negligence. Medical malpractice in the UK covers a vast area of claims. Some common things that people sue for are:


    • Delayed diagnosis, for example, when treatment is time-critical
    • Misdiagnosis of cancer
    • Failure to warn you about the risks of a specific treatment
    • A mistake made during an operation or procedure
    • Wrong treatment is given
    • Failing to respond to test results


    If your medical negligence claim is successful, you will be entitled to compensation for the suffering and pain you have wrongfully endured. You may also be able to claim for any money you may have lost. The best way to ensure a successful clinical negligence claim is to utilize the services of a professional and experienced medical lawyer who has a proven track record in suing the NHS for negligence.


    What is delayed diagnosis / medical negligence?


    A delayed diagnosis is a form of medical negligence, which can lead to a significant impact on a patient’s quality of life. The delay in diagnosis may mean that the patient’s condition worsens, making treatment harder or even resulting in fatality. To successfully claim for clinical or medical negligence, you will need to demonstrate that the care or treatment you received fell below acceptable standards and that this has directly caused further injury.  In the case of delayed diagnosis, you will need to be able to demonstrate that the delay has directly impacted your health, for example, it has affected recovery time, or created further health issues that otherwise would have been avoidable. A medical lawyer, such as the experts at Graysons, will be able to advise you if you have a claim for medical malpractice and negligence and help you put together a successful medical negligence compensation claim.


    How do I sue the NHS for medical negligence such as delayed diagnosis?

    If you believe you have been a victim of clinical negligence, your first step is to contact experienced clinical negligence solicitors, such as the team of medical malpractice experts at Graysons. They will ask questions in the strictest of confidence about the care you received and what injuries you have suffered to establish if you have a medical negligence claim. They will then be able to advise accordingly and, if you do have a case, help you successfully sue the NHS for negligence.


    Can I sue the NHS for misdiagnosis of cancer?

    Yes, misdiagnosis of cancer is considered medical negligence. A misdiagnosis of cancer usually occurs when a doctor has read and misinterpreted your test results. It may also cover when a doctor failed to refer you to a specialist despite apparent symptoms or failed to carry out the appropriate tests. A misdiagnosis of cancer will often mean that you are given the wrong treatment and that your condition worsens, impacting your recovery and your overall health and wellbeing. It may even lead to an untimely death. If your cancer was misdiagnosed, contact the team of medical lawyers at Graysons to find out if you have a case for medical malpractice and negligence.


    Can I receive compensation for clinical negligence?

    Yes, if your medical malpractice UK claim is successful, you will be entitled to compensation. The compensation you receive will depend on various factors. This will include the severity of your injuries, changes to your life expectancy, the length of illness and recovery time, lost earnings, and the impact on your overall health and wellbeing, including whether you will need to pay for ongoing care. Graysons’ team of medical negligence experts will work to ensure you receive the maximum amount of compensation possible, whether your claim is regarding NHS malpractice or a negligent service provided by a private healthcare company.


    When can I claim for clinical negligence?

    For all clinical negligence claims, including delayed diagnosis and misdiagnosis of cancer, you must file your claim within three years of the medical malpractice and negligence taking place. The three-year time frame starts at the time you became aware of the problem. There are, however, exceptions, for example, if the patient is under 18 or has limited mental capacity. So, do not delay, if you believe you have been a victim of medical malpractice in the UK, contact Graysons today.


    Will I have to go to court for a medical negligence claim?

    Most medical negligence cases do not go to court. In most cases, a settlement is reached. In the unlikely event that your clinical negligence case does go to court, a medical lawyer will be able to represent you, and therefore ensure the best possible outcome.


    How can medical negligence lawyers help me?

    For many people, suing the NHS for negligence or a taking a private healthcare provider to court can be a daunting task, especially at a time when you will likely be suffering from ill health, or be emotionally drained by your experience. A specialist medical attorney will be able to manage your claim for you and be able to secure the best outcome possible. If you are seeking the best medical negligence solicitors, then contact Graysons today.


    What is the medical negligence claim process?

    The first step in any medical negligence claim process is to contact an experienced medical solicitor. They will assess whether you have a claim and will then start the clinical negligence claims process. This will include gathering evidence, taking statements from you and any witnesses, as well as reviewing your medical records. You may also have to undergo a medical examination by an independent expert. Once a claim has been established, your claim will be registered with the court. In most cases, a medical negligence claim is settled before going to court. At Graysons we offer a no win no fee service, giving you complete peace of mind. Contact our medical malpractice solicitors today if you believe you have a claim for medical negligence.




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