NHS Resolution, the body responsible for handling medical negligence claims through the NHS, reported that between 2023 and 2024, there were 2,323 claims where the primary cause was failure or delay in diagnosis. If you have suffered harm due to this, our delayed diagnosis compensation calculator may be able to help you.
This guide explores the different forms of compensation that could be awarded in a medical negligence claim and when you could be eligible to make such a claim.
We will then discuss common examples of how delayed diagnosis can occur and the impacts of this. Furthermore, we discuss how a No Win No Fee solicitor from our panel could help you.
Read on to learn more, or alternatively, if you have any questions at this stage, you can contact our team by:
- Calling us on 0800 408 7826
- Filling out our online contact form
- Using our live chat option
Jump To A Section
- Delayed Diagnosis Compensation Calculator
- Claiming Back Financial Losses As A Result Of Delayed Diagnosis
- Can I Make A Delayed Diagnosis Compensation Claim?
- How Long Do I Have To Start A Delay In Diagnosis Claim?
- What Could Lead To A Diagnosis Being Delayed?
- The Impacts Of A Delayed Diagnosis
- How Can I Prove My Delay In Diagnosis Was Negligent?
- Can I Claim For Delayed Diagnosis On A No Win No Fee Basis?
- More Information
Delayed Diagnosis Compensation Calculator
A delayed diagnosis compensation calculator could help give you a clearer idea of the compensation you could potentially receive if you make a successful medical negligence claim.
It works by asking you various questions about your case, such as ‘What harm did you suffer?’ and ‘How severe was it?’.
Our compensation calculator uses figures from the Judicial College Guidelines (JCG). This document lists compensation guidelines for various injuries and diseases. It is also often referenced by those calculating general damages in medical negligence claims.
General damages is compensation for pain, suffering and any loss of amenity caused by the harm you suffered. This could mean that if you can’t contribute to activities or engage in hobbies the way you did prior to the medical negligence, this will be taken into account.
For the following table, we have also used some of the compensation guidelines within the JCG, aside from the first entry.
| Harm Suffered | Notes | Compensation Guidelines |
|---|---|---|
| Multiple Forms Of Severe Harm + Special Damages | Cases in this bracket will have experienced multiple severe forms of harm as well as special damages such as loss of earning potential. | Up to £1,000,000+ |
| Injuries Involving Paralysis - Tetraplegia (also known as Quadriplegia) | Those falling into the top end of the bracket will show: a significant impact to senses or the ability to communicate, as well as reduced life expectancy. | £396,140 to £493,000 |
| Injuries Involving Paralysis - Paraplegia | The amount of compensation awarded will depend on the presence and extent of pain, age and life expectancy and impact on sexual function. | £267,340 to £346,890 |
| Injury Resulting from Brain Damage - Very Severe | The amount of compensation will be impacted by: the extent of physical limitations, sensory impairment and the injured person's ability to communicate with or without the use of assistive technology. | £344,150 to £493,000 |
| Injury Resulting from Brain Damage - Moderately Severe | The following factors will affect the amount of compensation: the degree of insight if any, life expectancy, extent of any behavioural problems, and the degree of independence on others. | £267,340 to £344,150 |
| Kidney Injury a) | Cases falling into this bracket will show either severe permanent damage or loss of both kidneys. | £206,730 to £256,780 |
| Kidney Injury b) | Either a significant risk of urinary tract infections, or other total loss of kidney function causing high medical costs in future. | Up to £78,080 |
| Reproductive System: Female | Where an injury or disease has resulted in infertility along with sexual dysfunction. | £140,210 to £207,260 |
| Lung Disease b) | Lung cancer causing impairment of function and severe pain (usually in an older person) | £85,460 to £118,790 |
How Is Delayed Diagnosis Compensation Calculated?
When your compensation is being calculated, the professionals responsible will consider things such as:
- Severity of the harm you suffered
- Impact on your quality of life
- Your projected recovery time
Those who are calculating your compensation may also consider similar previous cases to help them. The amount of medical evidence you hold will also be hugely important in your claim. We discuss evidence later on in our guide.
If you have any questions about how your compensation is calculated or would like to know how to use our delayed diagnosis compensation calculator, contact us today.
Claiming Back Financial Losses As A Result Of Delayed Diagnosis
As part of your compensation, you could potentially claim financial losses caused by the medical negligence. This head of loss is called special damages, and can include the following:
- Loss of earnings
- Travel costs
- Medical expenses
- Care costs
- Prescription fees
For you to be able to claim special damages, you must hold evidence which demonstrates your financial losses. This could be evidence such as:
- Wageslips to demonstrate a loss of earnings
- Receipts from travel
- Medical invoices
As a part of the services offered by our panel of solicitors, they could help you compile this supporting evidence to strengthen your claim.
To find out more about what you could claim for, contact us today.
Can I Make A Delayed Diagnosis Compensation Claim?
For you to be eligible to make a medical negligence claim, three components must be present in your case:
- A medical professional owed you a duty of care
- The person who owed you the duty of care breached it
- The breach led to you suffering unnecessary or avoidable harm
In medical negligence claims, you are owed a duty of care by all medical professionals who treat you. Their duty of care is to treat you with the minimum standard expected of them in their role. Steps they could take to abide by their duty of care include:
- Considering any symptoms you describe to them seriously
- Referring you for any necessary further tests
- Assessing any medication you currently take before prescribing new medication.
Later in this guide, we discuss when cases of delayed diagnosis could lead to a medical negligence claim.
As part of the free services offered by our team, you can contact us today to discuss your potential claim and how a delayed diagnosis calculator could help you.
How Long Do I Have To Start A Delay In Diagnosis Claim?
Generally, you have 3 years to start your delayed diagnosis medical negligence claim, which is established under the Limitation Act 1980. This 3-year time limit runs from either:
- The date that the medical negligence occurred.
- The date of knowledge, otherwise known as the date you realised that the harm you suffered was from negligent treatment by a medical professional.
There are, however, two exceptions to this permitted time limit:
- Claimants who are under 18, as a minor, cannot make a claim for themselves. They will only be able to start their own claim from their 18th birthday and have until their 21st.
- Those who are mentally incapacitated cannot claim on their own behalf. Only if they regain this capacity can they then begin their own claim, and the 3 years will run from this date.
In both of these situations where the time limit is frozen, a litigation friend could be appointed to claim on their behalf.
If you have any questions about whether your claim would fall within the time limit or are still wondering what a litigation friend is, contact us today.
What Could Lead To A Diagnosis Being Delayed?
Various incidents could lead to a diagnosis being delayed. Some examples of when a medical negligence claim could be made due to this include:
Symptoms Going Unnoticed By Doctor
You could attend the GP for an appointment with chest pains, but they fail to also note that you describe occasionally coughing up blood. They misdiagnose you with a chest infection, failing to refer you for further tests, which would have shown you had lung cancer.
This causes a delay in the cancer being diagnosed, and you later require more aggressive treatment due to it worsening.
Doctor Not Taking The Patient’s Concerns Seriously
An example of how the delay in diagnosis could occur is when your doctor doesn’t consider your concerns properly. For example, if you attend the doctor with excruciating period pain, and you show clear symptoms of ovarian cancer. Your doctor dismisses your concerns and explains that you just have really intense period pains. Your ovarian cancer goes unnoticed, untreated and worsens over time due to this delay in diagnosis.
Lack Of Response To Test Results
If your doctor fails to act in a timely manner following test results, this can lead to delayed diagnosis and subsequent treatment.
For example, if your blood test results reveal you are suffering from kidney damage and need further tests. If they fail to respond to these results or inform you of them, this could lead to a delayed diagnosis and treatment needed.
Lack Of Referral To Specialist
Your GP is capable of referring you to a specialist so long as they feel it is clinically necessary in your case. If they fail to refer you to a specialist when they should of, this could be considered as them breaching their duty of care.
For example, if you attend your GP with concerns about a lump in your breast. They fail to refer you to a breast cancer specialist, and your cancer goes unnoticed and untreated, therefore worsening over time.
If your particular circumstance isn’t listed here, this doesn’t mean you don’t have a valid claim. To assess the eligibility of your case, you can contact our advisors.
The Impacts Of A Delayed Diagnosis
A delay in diagnosis can have a massive impact and cause lifelong problems. If there was a delay in your condition being diagnosed, there are various impacts you could experience.
Some short-term impacts of delayed diagnosis can include:
- Prolonged pain and suffering
- Further risk of complications
- A sense of anxiety due to your condition not being diagnosed
Some longer-term impacts of a delay in diagnosis could include:
- Impact on quality of life
- Loss of earnings or earning potential if you’ve been left unable to work
- Needing more aggressive or invasive treatment if the condition worsened
The impacts we have discussed are not extensive, so if your delayed diagnosis has caused other impacts on your life, we could still help you.
Contact us today to find out how a solicitor from our panel could assist you in making a medical negligence claim.
How Can I Prove My Delay In Diagnosis Was Negligent?
For you to have a successful delayed diagnosis claim, you must have evidence which demonstrates how the medical professionals were negligent and the unecessary harm you suffered as a result. Your evidence in these claims could be:
- Medical or GP records – to demonstrate any diagnoses you received or symptoms you have listed.
- Any correspondence regarding medical treatment, such as emails or letters
- Any details of people who might have witnessed the negligent treatment
- Test results, x-rays or scans
- A diary of your symptoms
The list above isn’t exhaustive. As we previously mentioned, a solicitor from our panel could help you with gathering evidence to support your claim.
Contact us today if you have any questions about what evidence could help your claim.
Can I Claim For Delayed Diagnosis On A No Win No Fee Basis?
Yes, you can claim for a delayed diagnosis on a No Win No Fee basis. Our panel of solicitors work via a Conditional Fee Agreement. This means you wouldn’t have to pay for the services they provide:
- Prior to the claim starting
- While the claim is currently underway
- If the claim ends unsuccessfully
For a successful outcome, you would need to pay your solicitor a success fee. This is a legally limited percentage of your compensation.
Our panel of specialist solicitors have decades of experience advocating for those who have experienced medical negligence.
Our team would help you with:
- Understanding legal language and your claims process
- Ensuring your claim is started within the permitted time limit
- Advocating on your behalf to achieve the most suitable settlement
- Organising a medical assessment if needed
- Negotiating your compensation to include both general and special damages (where applicable).
Contact Our Panel Of Delayed Diagnosis Advisors
To find out more about how to use our delayed diagnosis compensation calculator, or to enquire about how to start your claim today, you can contact us by:
- Calling us on 0800 408 7826
- Filling out our online contact us form
- Using our live chat option
More Information
Read our other guides about:
- Fatal medical negligence claims
- How to make a dental negligence claim
- See if you could claim for misdiagnosed cancer
Helpful external resources
- How to claim Stautory Sick Pay from GOV.UK
- File a complaint against the NHS
- Good medical practice advice from the General Medical Council
Thank you for reading our guide on using a delayed diagnosis compensation calculator.