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The short answer is yes; you can claim damages if you can prove medical negligence that your mother suffered an injury and damages due to the misdiagnosis. Medical misdiagnosis is one of the most common compensation claims for medical negligence in the UK.

Most forms of medical negligence will cause pain and suffering, loss of income, and other damages. As in your mother’s case, misdiagnosis can have a devastating impact on a person’s life.

As a patient, your mother would have a special doctor-patient relationship with her GP. She would trust them to make the correct diagnosis. And most of the time, that will happen. Unfortunately, doctors also make mistakes. If those mistakes amount to medical negligence, the patient has the right to claim for any injury resulting from that negligence.

Lawyers also talk about medical malpractice cases. To succeed with a medical malpractice case, you need to be able to prove medical negligence.

How do you prove medical negligence? 

Your mother was entitled to expect a certain standard of care from her GP. This standard of care can be defined as what a reasonably prudent doctor with similar qualifications would do under similar circumstances. Your doctor has a duty to act within this level of care. If your doctor fails to meet this standard of care, it may amount to negligence.

So, to prove negligence, we ask the following questions: 

• Was there a duty of care?

Yes, this duty of care is based on the doctor-patient relationship.

• What is the expected standard of care?

We will need to present evidence to establish the reasonable conduct and level of care expected from a competent GP with similar qualifications in similar circumstances, i.e., would another GP have been able to diagnose your mother correctly? 

• Did your GP deviate from this duty of care? 

If you can show that your GP failed to act within the reasonable standard expected from a GP in the same circumstances, you may succeed with a claim based on medical negligence. 

Breaking it down to these three questions sounds reasonably straightforward. However, suing for medical malpractice is one of the most challenging actions to succeed with, but it is entirely possible to achieve.

You will be met by a team of legal and medical experts protecting the profession. In return, you will need expert evidence and witnesses. As medical negligence specialist solicitors, we have access to trusted experts. We understand the legal and medical issues to assist you with a medical negligence claim. 

What counts as misdiagnosis? 

Misdiagnosis can take many forms. It could be caused by an honest mistake, or it could be negligence. The doctor could miss the diagnosis entirely, misdiagnose the symptoms, or diagnose your condition too late.

Examples of conduct that could lead to misdiagnoses include: 

• Performing the wrong tests.
• Misinterpreting test or scan results.
• Not examining the patient properly.
• Failure to take into account the patient’s medical history.
• Failure to conduct further tests.
• Giving the wrong or unsuitable medication based on an incorrect diagnosis.

So, suppose you’ve been diagnosed with something less serious, given incorrect treatment, or unnecessary treatment or surgery, or not been diagnosed at all. In that case, you might have a claim for medical malpractice based on a misdiagnosis. If you have suffered harm due to the misdiagnosis, you may be able to claim compensation. 

Delays in cancer diagnosis can be caused by many errors, for example:

• Failure to request the appropriate tests.
• Missing something on the scans or X-rays.
• Misinterpreting tissue samples or blood tests.
• Samples or reports get lost, leading to no follow-up visits. 

Our team of experts will assist you in deciding, based on your mother’s circumstances, whether we are dealing with the following: 

• Wrong diagnosis – did the GP diagnose your mother with the wrong illness?
• Late diagnosis – was she eventually correctly diagnosed, but because it took so long, she now needs more aggressive treatment, and her chances of survival were reduced?
• Failure to diagnose – the GP completely missed cancer. 

What conditions are most often misdiagnosed? 

Unfortunately, many conditions can be misdiagnosed. Some are more serious than others. Here are just a few conditions where misdiagnoses can lead to serious consequences.

• Meningitis.
• Appendicitis.
• Ectopic pregnancy.
• Cancer.
• Heart conditions.
• Head injuries.
• Broken or fractured bones.

A causal connection between negligence and the injury

Up to now, we have dealt with proving medical negligence based on your mother being misdiagnosed. Negligence on its own, however, is not enough to succeed with a medical malpractice claim. 

We must prove a causal connection between the GP’s deviation or failure to meet the standard of care and your mother’s suffering. We must prove the GP’s negligence caused your mother to suffer injury and damages.

It is not always straightforward to prove what “would have been” if the doctor didn’t misdiagnose the patient. The courts use something called a “but for” test – “but for the misdiagnosis, the injury to the patient would not have occurred”.

The patient must prove the doctor’s misdiagnosis caused their suffering and that the suffering or damages would not have occurred if the doctor wasn’t negligent.

The claim will fail if the injury, loss, or damages would have occurred in any event, regardless of the doctor’s negligence. 

The problem with the “but for’ test is that it is not always so simple. Sometimes, there is more than one cause for the patient’s injury. In such cases, we apply a “material contribution test”. Did the doctor’s negligence contribute to the injury, and was the contribution material? 

In your mother’s case, we need to ask: 

Would the cancer have progressed to a terminal stage if she wasn’t misdiagnosed? Could it have been prevented if it had been diagnosed earlier?  

Proving causation in a medical malpractice case is often more challenging than proving negligence. Causation is complex where the injury could have occurred even without a misdiagnosis. A specialist, experienced team of lawyers and experts are needed to navigate the issues and establish causation.

Is there a time limit for making a claim? 

You have three years from the date of misdiagnosis, or from the date you first became aware that you have suffered an injury or illness due to the negligence to start a medical malpractice claim. Speaking to a lawyer as soon as possible after becoming aware of the misdiagnosis is essential.

How much compensation can we claim? 

It is always difficult to say how much compensation you will receive from a medical negligence claim. Each case is different from the one before. Our team of experts can evaluate your mother’s case and advise on the amount of compensation you will likely receive. An experienced medical negligence solicitor can give you estimates based on previous cases and specific guidelines.

How is medical misdiagnosis compensation calculated? 

The amount a claimant receives will depend on the severity of the injury and the financial losses. Each case is unique. All the factors and circumstances need to be evaluated. Compensation is usually calculated as general damages and specific damages. 

• General damages cover the patient’s pain and suffering, plus the injury’s impact on their life. Being misdiagnosed can also affect your mental health. Finding out you have terminal cancer can be devastating, especially if you feel that the progression of the cancer could have been prevented if not misdiagnosed.
• Special damages cover financial losses, both past and future, directly linked to medical negligence. It includes medical expenses, ongoing and future medical expenses, loss of earnings, future earnings, travel expenses for treatment, any changes needed to your home, home careers, etc. 

Our team knows what evidence is needed to support your claim successfully. We assist with gathering the correct documents and medical reports, calculating future earnings, past and future medical expenses, and anything else needed to present a strong compensation case.

Conclusion

Our medical negligence specialist solicitors are experts in this field of law. After years of experience, we know what is needed to succeed with a medical negligence claim. We have access to top medical experts and the skills to present a compelling case. 

We also understand that medical negligence cases are often very emotional. You can rest assured that we have the expertise and the commitment to achieve the best outcome for your case. Plus, peace of mind knowing you’re in a safe pair of hands.