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Make A Compensation Claim For A Pneumonia Misdiagnosis
By Ed Maloney. Last Updated 13th August 2024. Pneumonia is a potentially fatal illness that can develop without you realising it. In this guide, we look at cases where you can claim compensation for a pneumonia misdiagnosis.
Below, we look at the claims process, eligibility criteria, and how much compensation you could receive. If you’d rather speak with us now to see if you can make a pneumonia misdiagnosis claim, then get in touch with us for free.
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Select A Section
- Can I Claim For A Pneumonia Misdiagnosis?
- How Does Pneumonia Misdiagnosis Occur?
- How Do I Prove My Pneumonia Misdiagnosis Claim?
- How Much Compensation Could I Receive?
- Get Help From A No Win No Fee Medical Negligence Solicitor
- Learn More About Claiming For Negligent Medical Care
Can I Claim For A Pneumonia Misdiagnosis?
The misdiagnosis of a condition could happen for different reasons. Not all misdiagnoses will mean that the practitioner has breached their duty of care. So, in order to make a claim for your pneumonia misdiagnosis, you must meet the medical negligence claiming criteria. You must be able to prove that:
- You were owed a duty of care.
- There was a breach of duty.
- You suffered unnecessary harm because of the breach.
When you are under the care of a medical professional, they must provide you with the correct standard of care. If you suffer unnecessary harm because they failed to adhere to the duty of care they owe to you, you might be eligible to seek compensation.
However, not all pneumonia misdiagnoses will mean you have a valid medical negligence claim. For example, you may not be able to claim if your pneumonia diagnosis was missed because you failed to communicate all your symptoms with the doctor.
Is There A Time Limit To Make A Claim?
Claims for a pneumonia misdiagnosis must be started within the time limit as set by the Limitation Act 1980. Typically, this is three years from the date of the incident. This could also be three years from the date of knowledge: the date that you first realised, or would have been expected to realise, that the harm you suffered was caused by medical negligence.
However, in certain circumstances, there are exceptions to the time limits. These include:
- Those who lack the mental capacity to file a claim for themselves have an indefinite suspension applied to the time limit, which lasts for as long as they are unable to claim for themselves. During this time, a court-appointed litigation friend could bring proceedings on their behalf. Should capacity be regained, they will have three years from that date to file a claim if one was not made on their behalf.
- Those under the age of 18. For these cases, there is a pause to the time limit that lasts until their 18th birthday. Prior to this, a litigation friend could start the claiming process for them. Once they turn 18, they will have three years to start proceedings if a litigation friend did not act for them.
One of the advisors from our team can evaluate whether you are within the medical negligence claims time limit.
How Does Pneumonia Misdiagnosis Occur?
In our list below, we look at a few examples of how a pneumonia misdiagnosis could occur.
- A negligent doctor does not listen to the patient who is describing symptoms that reflect pneumonia. Pneumonia shares symptoms with a lot of other illnesses, such as bronchitis and the flu.
- X-ray negligence could occur, such as misinterpreting the results or failing to order x-rays to begin with.
- Delayed treatment could occur that worsens your condition as you are misdiagnosed with a different illness as your patient records and results are mixed up with another patient.
If you would like to discuss the situation that resulted in your medical misdiagnosis, please contact one of our advisors.
What Impact Could A Pneumonia Misdiagnosis Have?
According to the NHS, most pneumonia sufferers will recover in two to four weeks with the right treatment. However, if it’s left untreated, pneumonia can cause severe respiratory failure or a lung abscess. As cases are generally caused by bacterial infection, it is not unheard of for sufferers to contract sepsis due to the infection being allowed to spread and worsen.
Aside from the potential physical effects, the constant coughing, breathing problems and fatigue could prompt mental illness such as depression. In turn, these issues could affect someone’s ability to work, learn or enjoy life in general.
If a negligent diagnosis error has led to you being harmed unnecessarily, you could have the right to make a pneumonia misdiagnosis claim. Call today and our advisors can share guidance on your options.
How Do I Prove My Pneumonia Misdiagnosis Claim?
Collecting sufficient evidence could help support your claim for medical negligence. It could help prove that you suffered unnecessary harm due to your pneumonia misdiagnosis.
Here are some examples that could be helpful in a misdiagnosis claim:
- X-ray, scan or test results. For example, if your x-ray was misinterpreted you may have been sent away without the medication necessary to treat pneumonia causing it to worsen. You could provide the x-ray along with your medical records and further x-rays to show how your condition worsened.
- A copy of your medical records. These will contain information about when you first sought treatment for the illness, along with what was initially diagnosed.
- Witness contact information. For example, if someone accompanied you to the appointment where you were misdiagnosed.
How Much Compensation Could I Receive?
Settlements in claims for a pneumonia misdiagnosis may consist of two heads of claim: general and special damages.
The head of claim to compensate for the physical pain and mental suffering caused by the medical negligence is general damages. When valuing your claim, legal professionals can refer to the Judicial College Guidelines (JCG) to help them. This text lists compensation brackets for different types of harm you could suffer.
General Damages
Our table below contains a selection of figures listed in the 16th edition of the JCG. It is only to be used as guidance.
| Type of Harm | Compensation Bracket | Notes |
|---|---|---|
| Multiple Severe Illnesses Plus Financial Damage | Up to £250,000+ | A payout reflecting numerous forms of severe harm caused by pneumonia. The payout also reflects associated costs such as a loss of earnings, medical bills or domestic care fees. |
| Lung Disease (a) | £122,850 to £165,860 | The claimant is young and suffers a serious disability with the probability of a premature death caused by progressive worsening. |
| Lung Disease (c) | £66,890 to £85,460 | Harm in this bracket causes significant and worsening lung function and breathing impairments. |
| Lung Disease (d) | £38,210 to £66,920 | Breathing difficulties require the fairly frequent use of an inhaler and the symptoms impact the claimant's lifestyle. |
| Lung Disease (e) | £25,380 to £38,210 | Claimants in this bracket suffer from bronchitis and wheezing. However they may experience varying levels of anxiety about the future. |
| Lung Disease (f) | £12,990 to £25,380 | The claimant suffers slight breathlessness. They are likely to make a permanent recovery. |
| Asthma (a) | £43,060 to £65,740 | The claimant suffers severe and permanent asthma that is disabling in nature. |
| Asthma (b) | £32,090 to £52,490 | Chronic asthma that causes breathing difficulties and a need to use an inhaler from time to time. There is an uncertain prognosis, plus restricted employment prospects. |
| Asthma (c) | £23,430 to £32,090 | Bronchitis and wheezing that affects working or social life. Substantial recovery is likely within a few years. |
Special Damages In Pneumonia Misdiagnosis Claims
Additionally, your settlement might include special damages. This head of claim compensates you for the financial losses caused by medical negligence. To recover your losses, you should provide evidence, such as your payslips or receipts.
Here are some examples of the costs you might be able to recover as part of your claim:
- Loss of earnings, including your past, present and future losses.
- Medical expenses, such as wheelchair rental and therapy.
- Home help. For example, you might need a cleaner to help you with chores following damage to your lungs.
If you would like your claim for medical negligence valued for free, get in touch with one of the advisors from our team.
Get Help From A No Win No Fee Medical Negligence Solicitor
If you would like to make a medical negligence claim for your pneumonia misdiagnosis, you might benefit from legal representation. One of our solicitors could support your case. They have lots of experience with medical negligence claims.
Our solicitors usually offer their services on a No Win No Fee basis under a Conditional Fee Agreement (CFA).
Under this type of agreement, you won’t be charged upfront or ongoing fees for your solicitor’s services. Additionally, your solicitor won’t ask for payment if your claim isn’t successful.
If your claim for clinical negligence is successful, your solicitor will take a success fee from your compensation award. The percentage that can be deducted is limited by the law.
Talk To Our Experts
If you need any free advice about claiming for medical negligence, please get in touch with an advisor from our team. Additionally, they can assess whether you have valid grounds for a claim and if you do, you could be put in touch with one of our medical negligence solicitors.
To talk to an advisor:
- Fill in our claim online form for a call back.
- Ask a question in our live chat.
- Call 0800 073 8804
Learn More About Claiming For Negligent Medical Care
Additional guides you may find helpful:
- How Hard Is It To Prove Medical Negligence?
- Medical Negligence Resulting In Death.
- Blood Test Negligence.
External resources that might be useful:
- Government Guide To The NHS Complaints Procedure.
- NHS Guide To Accessing Your Medical Records.
- NHS Information About Pneumonia.
If you have any questions about claiming for pneumonia misdiagnosis, please reach out to one of our advisors.
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