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Delayed Treatment Compensation – Learn When You Could Claim

By Cat Way. Last Updated 23rd September 2024. If you’re interested in claiming delayed treatment compensation, our guide is here to help. We’ll discuss everything you need to know about making a medical negligence claim, and answer frequently asked questions such as “Can I sue the NHS for waiting times?” and “Can you sue the NHS for a delay in treatment?”

We’ll also discuss claiming delayed diagnosis compensation from a private healthcare provider, as well as the NHS. Our guide will cover the different ways in which delayed diagnosis can be caused and will also discuss when you could potentially make a claim.

Following this, we’ll talk about compensation in medical negligence claims. While we can’t offer an average amount or an example of what you could receive, we can explore what your compensation payout may be made up of and how this could be calculated.

Finally, our guide will discuss making a claim with a No Win No Fee solicitor. There is no obligation to pursue compensation with a professional, but we will explain how working with a solicitor can make the process feel a lot less stressful.

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Can You Sue The NHS For A Delay In Treatment?

You might be wondering, “Can you sue the NHS for a delay in treatment?” A delay in treatment can have significant consequences, but not all cases of delayed treatment or delayed diagnosis will result in a claim.

The NHS and private healthcare providers all owe a duty of care to their patients. This means that the treatment they provide must meet a minimum standard. The steps that medical professionals are required to take to meet this standard both within the NHS and in the private sector vary by field. For example, the General Medical Council (GMC) provides guidance for doctors in their Duties of a Doctor.

In order to make a delayed treatment or delayed diagnosis claim, you must be able to prove that:

  •   You were owed a duty of care by a medical professional.
  •   This duty of care was breached.
  •   As a result, you suffered unnecessary or avoidable harm.

If your case meets these three criteria, then you may be able to claim delayed treatment or delayed diagnosis compensation.

Contact our team today to learn more about this, or read on to find out what your compensation could include.

Can I Sue The NHS For Waiting Times?

Unfortunately, the answer to this question is usually no. While the NHS is an essential service, waiting times for appointments, surgeries, and consultations have soared in recent years.

However, these waiting times are rarely due to poor clinical decisions. Because of this, you will likely be unable to sue the NHS for waiting times. The only exception to this would be if an administrator misread an urgent referral, causing a time-sensitive treatment, such as a cancer treatment, to be largely delayed.

Our team are here to help. Get in touch to find out if you can claim delayed diagnosis compensation.

Negligent Delays In Surgical Treatment

As soon as an illness or injury has been diagnosed, treatment should commence in order for the patient to become better and make a recovery. If an illness or injury requires surgery the necessary steps should be taken to get it underway. Surgical delays can result in the patient’s condition becoming worse causing their health to deteriorate, and in some cases causing them to be at risk of permanent complications and long-term effects. A medical negligence delay in treatment such as surgery can also be life-threatening, for example, if a patient needs heart surgery and it is delayed, they could have a fatal heart attack in the meantime, which could’ve been avoided had they received the required surgery straight away.

Negligent delay in surgery can result from negligent errors from as early on as the initial appointment with a medical professional where you first mentioned your health concern. Their failure to diagnose your condition and recognise the severity of your symptoms or failure to refer you to a specialist can all have led to a delay in surgery. A delay in surgery could cause the following to happen:

  • Increase in pain and suffering
  • Further illnesses occurring resultant from the primary condition
  • Worsening of the condition
  • The chance of a full recovery is reduced
  • A reduction in life expectancy

If you or a loved one has suffered further ill health due to a negligent delay in surgery, you may be eligible to make a personal injury claim. Speak to Legal Expert for free specialist legal advice to find out if you could make a delayed treatment compensation claim.

Delays In Cancer Treatment

Cancer is a devastating disease and one that if not treated as soon as possible, can be terminal. With cancer, the earlier the treatment is started, the higher the chance of beating the disease and making a full recovery, but if treatment is delayed due to a misdiagnosis, for example, it could quite literally mean the difference between life and death.

A delay in the treatment of cancer could be caused by the following:

  • The healthcare professional failing to recognise symptoms
  • Failure to make a correct diagnosis
  • Failure to refer the patient to a specialist
  • Being given the wrong treatment
  • A delay in investigations such as CT scans, MRI scans or X-rays after the health concern has been brought to the attention of a medical professional and referred.

A delayed treatment in healthcare where cancer is concerned can have devastating consequences and time is an important factor in surviving the disease.

If you or someone you love has suffered due to a delay in the treatment of cancer because of medical negligence, you may be entitled to pursue a claim for compensation.

Claiming Compensation For Delayed Treatment Of A Fracture

A delay in fracture treatment could potentially result in a permanent disability depending on the type and severity of the fracture and wherein the body it is located.

A negligent delay in treatment of a fracture could result in further problems arising because the fracture may have started to heal itself without first being put back into the correct position, which could then lead to more extensive treatment being required such as corrective surgery.

In some cases may result in permanent mobility problems and risk of arthritis, than if treatment was given straight away to correct the fracture and support it such as by using a cast for example so that it can heal properly.

A delay in fracture treatment may occur because of the following:

  • A doctor failing to recognise fracture symptoms and therefore doesn’t offer an x-ray
  • X-ray results are misinterpreted
  • The fracture couldn’t be seen on the x-ray as the x-ray was taken in the wrong position or from the wrong angle
  • The x-ray was not passed on to the doctor to be examined

If a patient with a fracture fails to get the treatment they need, depending on the circumstances, it can result in the patient suffering further pain and discomfort and may also have an effect on their everyday life and work life.

Regardless of whether it was a delay in treatment by a GP, a delay in-hospital treatment, or a delay in A&E treatment, if you have suffered due to delayed treatment medical negligence after sustaining a fracture, you may be entitled to make a delayed treatment compensation claim. Although it cannot change what has happened, if successful, it may provide some financial assistance whilst you recover from your injury.

How Much Delayed Treatment Compensation Could I Receive?

If you have experienced unnecessary harm due to negligent delayed treatment, you may be eligible to make a medical negligence claim.

If your claim is successful, your compensation settlement could include general and special damages. General damages aim to reimburse you for the pain you have endured as a result of your delayed treatment.

The Judicial College Guidelines (JCG) is a document that lists compensation guidelines for various injuries. Many legal professionals will refer to this document to help them value claims. In the table below, we have listed some of the amounts that are stated in the  JCG. We’ve also added a figure in the first row to show how you could be awarded compensation for very severe harm plus special damages. This figure is not from the JCG.

  • Multiple instances of severe harm alongside special damages could result in up to £1,000,000+
  • Severe brain damage could lead to £344,150 to £493,000
  • Infertility caused by damage to the female reproductive system could result in £140,210 to £207,260
  • Serious disability and premature death caused by lung disease could result in £122,850 to £165,860
  • Deafness or tinnitus could yield £110,750 to £133,810
  • Serious and permanent damage to both kidneys could result in £206,730 to £256,780
  • Double incontinence due to a bowel injury could result in up to £224,790

Under special damages, you could be compensated for any financial losses and out-of-pocket expenses you suffered due to medical negligence.

Some examples of the financial losses you could be compensated for include:

  • A loss of earnings.
  • Medical expenses.
  • Travel costs.

to be compensated for these losses, you should save and submit proof. For example, save your wage slips, receipts and invoices.

For further information on claiming compensation for delayed treatment, please contact our advisors today.

Claiming Delayed Treatment Compensation On A No Win No Fee Basis

So, now that you know more about whether or not you can sue the NHS for waiting times or a delay in treatment, you might be wondering why we recommend seeking legal help.

When you choose to claim delayed diagnosis or treatment compensation with a solicitor, they can help you:

  • Communicate with the other party
  • Collect evidence to prove your claim
  • Negotiate a settlement
  • Prepare your case for court if needed
  • Understand technical legal terms

Our solicitors can do all of this on a No Win No Fee basis under the terms of a Conditional Fee Agreement (CFA). Under this kind of arrangement, you don’t need to:

  • Pay your solicitor upfront to start working on your claim
  • Pay them to keep the claim ongoing
  • Pay them for their work if the claim fails

If the claim succeeds, they’ll take a small, legally capped success fee from your compensation.

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Our team are here to help. If you’d like to find out whether one of our expert medical negligence solicitors could help you, contact us today by:

Learn More About Medical Negligence Claims

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