Swift, accurate diagnosis of a serious medical condition is essential to ensure you get the right treatment and to minimise any risk of long-term health consequences. If your diagnosis is delayed or you are misdiagnosed due to medical negligence, it can have a huge impact on you and loved ones for years to come.
Dealing with the fallout from medical diagnosis errors can be very difficult, both in practical terms and emotionally. We know how upsetting and frustrating it can be to know that all this could have been avoided with proper medical care.
Making a compensation claim can make a real, practical difference to your life, but it is also often the only way to get the answers to need about what went wrong with your treatment.
At this difficult time for you and your family, you deserve clear answers and close personal support. Having represented people just like you in Rhondda Cynon Taff and Bridgend for over 30 years, our medical negligence solicitors can give you all the help you need to get a fair outcome for your claim.
Why choose Devonalds for your delayed diagnosis claim?
We take pride in our strong connection to the local community, with most of our team being born and bred in the Rhondda Cynon Taff area, where we have advised and represented families for more than three decades.
If you’re not used to dealing with lawyers, we know that it can be intimidating to take that first step of getting in touch and asking for help. We want you to know that we are people just like you and we will do everything we can to make you feel comfortable and answer your questions and concerns.
You will have the dedicated support of a member of our team who will handle your case from start to finish. They’ll be available by phone and email at all times, so you can always speak to someone you know and who knows you if you have a question or need an update on the progress of your claim.
Wherever possible, we will seek an early settlement out-of-court settlement, so you get fair compensation faster, with lower legal fees and much less stress. However, should court proceedings be needed, we can ensure you have the very best legal representation and personal support every step of the way.
Speak to us about starting a delayed diagnosis compensation claim today
How delayed diagnosis claims claims work
Starting a claim for delayed diagnosis compensation
You likely have a lot of questions, including about whether you are entitled to compensation and how making a claim works. We offer a free initial consultation so we can answer your questions and help you decide what action you want to take.
During this meeting, we won’t put any pressure on you to pursue a claim with us, it’s all about giving you the right information so you can make the best choice for you.
No win, no fee delayed diagnosis claims
More properly known as a ‘conditional fee agreement’, with a no win, no fee deal there is no upfront to start a claim. You will only need to cover our fees if we secure compensation for you, so there is no financial risk to you in starting a claim.
Proving medical negligence caused a delayed diagnosis
For a successful claim, we have to prove that a delayed diagnosis was caused by medical negligence. We will typically rely on various types of evidence to prove this, including:
- Medical records
- Examinations by independent medical experts
- Witness testimony
Our medical negligence solicitors know what it takes for a successful claim. We can ensure all of the right evidence is gathered and presented effectively, so you have the best chance of securing an early settlement or achieving a positive outcome if your case goes to court.
Valuing your delayed diagnosis claim
The amount of compensation you could receive is obviously really important when thinking about making a claim. Working this out is often referred to as ‘assessing quantum’ or ‘assessing quantum of damages’.
The compensation available for a delayed diagnosis or misdiagnosis could potentially cover:
- The cost of medical treatment, specialist care & equipment
- Lost income if you need to take time off or give up work
- Your pain and suffering
- Travel costs and other expenses
- Loss of amenity i.e. not being able to carry out activities you would otherwise have enjoyed
- Providing for your future financial independence
Time limits for delayed diagnosis compensation claims
You will typically have three years from the date when any negligent errors occurred to make a claim. However, there are exceptions where you may have longer.
If the claimant is under 18, their parents or guardians will have until the claimant turns 18 to bring a claim. The claimant can then pursue compensation themselves up until their 21st birthday if required.
If a loved one died to due a delayed diagnosis or misdiagnosis, you typically have three years from their date of death to make a claim.
There is no time limit to claim if you need to do so for someone who lacks the mental capacity to pursue their own claim e.g. due to serious brain damage.
If you are unsure whether you still have time to make a claim, please don’t hesitate to get in touch.
Reaching an out-of-court settlement
With strong skills in negotiation and Alternative Dispute Resolution (ADR), we will always aim settle your family’s claim out-of-court wherever possible. This can get you the compensation you need much faster, with lower legal fees and less stress for you.
Taking your claim to court
If court proceedings are needed, our team will make sure you have all of the legal, practical and personal support you need every step of the way.
We will assist with preparing your case and ensuring you have the best possible representation for your hearing. We will also keep you informed of exactly what to expect at every stage of proceedings and the potential outcomes, working to keep the process as transparent and stress-free as we can.
Managing delayed diagnosis compensation
Following a successful claim, you will need to manage your compensation effectively to ensure your long-term needs can continue to be met.
Something you will likely need to consider is how receiving compensation may affect your access to means-tested benefits. We can advise you on placing compensation into a personal injury trust, which lets you ‘ring fence’ the funds, so they can be used to meet your needs without affecting your benefits entitlements.
Common questions about delayed diagnosis claims
How long does it take to get delayed diagnosis compensation?
Our goal is to get you the full compensation you are entitled to as quickly as possible. However, it is essential to be honest about how long these types of complex claims take. Due to the very substantial damages often at stake, a successful claim can take several years.
Claims can usually be resolved faster where an out-of-court settlement can be agreed and if you are in urgent need of funds to meet your needs, then interim payments can often be secured while a claim is ongoing.
Will I get an apology for a misdiagnosis or delayed diagnosis?
We know that often one of the most important things to victims of medical negligence is getting an apology from those responsible. We will always try to secure an apology for you, but it is important to be aware that, even where an NHS trust or other healthcare provider agrees to pay compensation, an apology is not always guaranteed.
Start a delayed diagnosis compensation claim
For a friendly, informal discussion about whether you or a loved one might be entitled to compensation for a delayed diagnosis or misdiagnosis, please contact your local Devonalds team in Bridgend, Pontypridd, Talbot Green, Tonypandy, Treorchy or Tylorstown.