A misdiagnosis can occur when an injury or medical problem or condition is missed or not identified by a medical practitioner.
Common examples of medical misdiagnosis
Common examples of medical misdiagnosis occur when a patient sees his GP or other health professional with symptoms over a long period and there is a failure to identify that they have an illness or injury.
Sometimes a doctor becomes “locked in” to a particular diagnosis and fails to re-consider. Sometimes it is a simple case of mistake.
Not all conditions are easy to diagnose but many should result in a referral for tests or investigations.
Misdiagnoses can also refer to situations where a patient is told they have an injury or illness which they in fact don’t have. This can range from a fracture being diagnosed as nothing more than bad bruising or a sprain to a patient being treated for a condition which they do not have.
Misdiagnosis claim for compensation
While medical misdiagnoses do occur, many are picked up before any damage is caused and the correct treatment is provided. Generally a misdiagnosis claim for compensation will arise only when the medical error has made an injury, pain or discomfort worse.
An example might be where delay in diagnosis of a fracture has resulted in the need for surgery rather than a simple plaster cast.
We recognise how serious a misdiagnosis by medical professionals can be in some cases.
Contact our medical negligence solicitors
If you would like to talk to a medical negligence solicitor about your misdiagnosis, in the first instance please complete our Clinical Negligence form.
Please give as much detail as you can about the misdiagnosis as this will assist in our ability to fully understand your circumstances and offer legal advice about claiming compensation.
This advice is, of course, free of charge.
No win no fee personal injury solicitors
The expression “No Win – No Fee” is often used in personal injury cases. It is used as a way of funding a compensation claim where the accident victim does not have the means to pay for the costs involved as the case progresses.
A number of solicitors are prepared to handle personal injury cases on a “No Win – No Fee” basis but very few are able to offer their clients complete protection if the case is unsuccessful.
In that event, the client could end up being liable for many thousands of pounds in legal expenses or the case won't be fully investigated and therefore likely to under-settle.
Compensate 'no win no fee' funding
Digby Brown has its own funding company, Compensate, which provides the funding to allow the case to be fully investigated, employ the best experts surrounding the circumstances of the accident and/or injuries sustained and where and if necessary go to court.
If for whatever reason the case is unsuccessful, Compensate pays all your legal expenses and those of your opponent – you pay nothing.
On average our clients receive over 3 times the pre-litigation offer
Because of Compensate funding Digby Brown's success rate is extremely high and on average our clients receive three times the pre-litigation offer.
In the event the case is successful, a small percentage of your damages will be deducted with VAT to pay for this service. The percentage which Compensate will charge depends on the degree of risk involved. We believe that this is the fairest method of giving clients access to justice whilst ensuring their cases are fully investigated, prepared and funded.
Beware of compensation offers which may be too good
We know you will have seen many adverts offering 100% compensation or telling you that you will not lose any of your compensation, however we believe there are a number of problems with companies that do this.
- How do they make their money if they don’t charge you anything?
- If they aren’t taking any money from you, the client, what incentive do they have to ensure you receive the right level of compensation, appropriate to the injuries you have sustained?
- Fully preparing a case, finding out exactly what happened and what the consequences of your injuries may mean in the long term, is expensive, how do they do this properly?
- If they aren’t fully preparing these cases will they just accept the first offer they are given on your behalf by the Insurance company?
- It makes simple business sense, the less work they do the higher their profit margin is - they simply have no incentive to work harder on your behalf.
- These adverts in the main are from English firms on national television which operates in a different way and therefore wouldn’t apply to a Scottish person.
We know from the many client cases we mandate from other firms of solicitors (in the main at the request of the client who is extremely unsatisfied with the service received for the other firm) that many shortcuts are taken in preparation and that the first offer received is being recommended for acceptance, regardless of the value.
Getting something for nothing is usually the first sign of poor service.
Correct level of compensation with Digby Brown
Our experience and statistics show time and time again we will achieve the correct level of compensation which will be substantially more than the insurer is initially prepared to offer.
Even after we have deducted our percentage as a success fee you will gain considerably more than you would have achieved using a 100% compensation model.
Contact Digby Brown's personal injury solicitors
For further information about no win no fee, or anything else, call us on 0333 200 5925 or fill in our enquiry form below and someone will get back in touch with you.
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