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Medical Misdiagnosis
or Delay

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Top class service.

Absolutely top class service with my late mother’s hospital negligence claim. Professional sympathetic staff who so far have kept me in the picture and continued to update me from day one. Highly recommended!

- Lisa Chambers

Explained everything and stayed in touch.

Oakwood have explained everything regarding my medical negligence claim. They have stayed in touch, returned calls and taken my information in detail and anything I have remembered after the fact they have also taken that down in detail too.

- Phil Mc.

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The experts in Medical Negligence Claims

Oakwood Solicitors Ltd’s specialist Medical Negligence department has an in-house team of solicitors and legal professionals dedicated solely to this area of law.

With over 30 years of combined experience, we are dedicated to assisting clients who have suffered physically, mentally, and financially as a result of negligent medical treatment. The specialist team pursues an array of medical negligence claims ranging from prescription errors and misdiagnosis to complex birthing injury and spinal claims and everything else in between.

What is medical misdiagnosis?

Alongside delayed diagnosis, medical misdiagnosis is one of the most common types of medical negligence claims:

Medical misdiagnosis (incorrect diagnosis or failure to diagnosis) is when a medical professional provides an incorrect diagnosis or fails to diagnosis you after negligently misinterpreting your symptoms and/or not investigating your symptoms appropriately.

If you have received an incorrect diagnosis, you may have undergone unnecessary treatments or procedures. Further to this, particularly in relation to a failure to diagnose, your condition may go untreated, or its treatment may get delayed, meaning that you may require more invasive treatment in the future.

What is delay in medical diagnosis?

Here a medical professional fails to a diagnosis a health condition when they should have done or fails to refer you for investigations, meaning you are diagnosed late. This can again lead to a worsening of the condition and prolong your period without necessary treatment.

This can encompass delays in referrals, scans and other investigations. It can also include medical professionals overlooking symptoms or records that are re-reviewed at a later date and urgently acted upon once the delay has been identified.

Where might misdiagnosis or delay occur, and with what conditions?

Medical misdiagnosis and/or delay can occur in all areas of medical practice. However, are very common in the following settings:

  1. GP Negligence
  2. A&E Negligence
  3. Dental Negligence
  4. Hospital Negligence
  5. Surgical Negligence

Furthermore, medical misdiagnosis and/or delay can occur in diagnosing any medical conditions however are very common in the following medical conditions:

  1. Orthopaedic issues such as fractures and cauda equina syndrome.
  2. Cancer
  3. Diabetes
  4. Heart attacks
  5. Strokes
  6. Infections
  7. Meningitis

Medical misdiagnosis and/or delay can severely affect an individual’s life, treatment options, recovery period and in more serious cases the chance of survival.

If you have been given the wrong medical advice or course of treatment which has left you in a debilitating condition, you may be eligible to make a medical misdiagnosis and/or delay claim.

Frequently Asked Questions

How do I make a claim?

If you feel that you have been affected as a result of late diagnosis or incorrect or inappropriate treatment, then you may be entitled to bring about a claim for compensation.

The team at Oakwood Solicitors Ltd will be able to give you free advice on the prospects of your case and whether you would be eligible to make a claim.

Who can bring about a claim?

The patient who has been affected may be able to bring about a claim. However, it can also sadly be the case that the patient has passed as a result of the disease. In such instances, the executor of the estate or the next of kin/dependents may be able to bring about a claim.

Our specialist team will be able to discuss whether you have a right to bring about a claim, so if you or a loved one has been affected do not hesitate to contact us.

How long will my case take to run?

Given the complexities involved in pursuing clinical negligence claims, they can often take 18-24 months to conclude and longer if court proceedings have to be issued.

Our investigations start by obtaining all relevant records and protocols before approaching independent medical experts for their opinion. We will provide you with regular updates on the progress of your case to ensure that you are kept up to speed.

How much is my claim worth?

It is often difficult to value clinical negligence claims at their outset given the complexities involved however we will pursue two forms of compensation for you:

  • General damages – an award of money for the pain and suffering you have endured as a result of the negligence.
  • Special damages – an award of money for all of your out of pocket expenses such as travel expenses, medication costs, loss of earnings, treatment costs both past and future. This list is not exhaustive and is very case-specific.

How is my case funded?

The majority of clinical negligence cases are funded by a Conditional Fee Agreement (CFA), more commonly known as a ‘no-win, no-fee’ agreement. This means that there will be nothing to pay upfront and nothing to pay if the claim has been lost. If you are successful in your claim, a deduction of 25% of damages will be taken to cover the success fee and the shortfall in legal fees.

It may also be the case that an After The Event (ATE) insurance policy will be obtained to cover the costs of expensive medical reports and investigations. If an ATE insurance policy has to be obtained the cost of the same will be discussed with you at the appropriate point.

The cost of the ATE insurance policy is again taken from your damages and only payable if you are successful with your claim.

Why should I choose Oakwood Solicitors Ltd?

We have a dedicated team of solicitors and paralegals who have many years’ experience between them in running cases of this nature. They are highly trained to deal with all aspects of clinical and medical negligence.

Oakwood Solicitors Ltd wishes to ensure that clients are not overwhelmed by legal jargon or medical terms that they don’t understand and aims to allow the claims procedure to be as transparent as possible.

Case Studies

We have compiled a variety of case studies from previously resolved matters here on our website.

Please note that all cases are unique. Due to individual circumstances you can never compare even two seemingly identical cases and expect the same results in either outcome or award.

What do I do now?

If you believe or feel you have a claim, contact us for a no-obligation consultation regarding your options:

carol cook
Carol Cook — Head of Medical Negligence Department

Carol joined Oakwood Solicitors in May 2017 to lead the Medical Negligence department. She handles a wide range of Clinical and Dental Negligence claims and has a specialist interest in Birth Injuries.

Carol has years of experience in handling complex clinical and Dental Negligence claims securing substantial amounts of damages for her clients. Carol studied her law degree (LLB honours) at Salford University.



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