Clinical negligence – Delayed diagnosis claims

Not only do healthcare professionals have a duty of care to provide their patients with medical advice and treatment that is appropriate, but they must also provide that medical advice and treatment within a timeframe that is reasonable given the patient’s individual presentation and needs.

Unfortunately, it is not always the case that this standard is met, and one of the most common causes of action for medical negligence claims in the UK arises for patients where advice and treatment has been delayed.

There are various situations whereby delays can occur in a healthcare setting. Delays can occur due to administrative and communication issues between healthcare providers and their patients; they can occur due to long wait times for appointments. Unfortunately, they can also occur due to negligence on the part of healthcare professionals. The most common example of this is where delays in treatment arise from misdiagnosis. For example, a healthcare professional may speak with a patient but fail to appreciate the significance of their symptoms, leading to misdiagnosis and delays in reaching a correct diagnosis and commencing treatment.

In some cases, a delay, although understandably frustrating and upsetting, can be relatively harmless and lead to very few complications for a patient’s health. In other cases, however, delays in treatment can be much more serious and have grievous consequences for a patient’s health, lifestyle, and financial situation.

Sadly, at Anthony Gold Solicitors, we commonly work with clients who have suffered adverse outcomes as a result of misdiagnosis and delays in treatment. There are certain conditions, in particular, where treatment can be time sensitive, and where delays with diagnosis and treatment can lead to very serious outcomes for patients. Some examples below: –

· Brain conditions (such as stroke / aneurysm / traumatic brain injury)

· Cancers

· Infections (such as sepsis / meningitis / pneumonia)

· Heart conditions (such as heart attack)

· Orthopaedic / nerve conditions (such as fractures / nerve damage)

· Spinal cord conditions (such as cauda equina syndrome / spinal abscess)

This list is not exhaustive, and there are many conditions which are time sensitive and require prompt intervention and treatment.

Although there are countless examples of delays within the healthcare system, it is important to note for those considering whether they may be eligible to bring a clinical negligence claim that not all delays will lead to a successful claim. Indeed, the legal framework surrounding delay claims is complex, and there are a number of hurdles a Claimant must jump over to succeed in a clinical negligence claim and obtain compensation.

The hurdles which must be overcome to bring a successful clinical negligence claim can broadly be split into two areas as follows: –

1. Breach of duty – It is not enough to say that there has been a delay, and so you ought to be eligible for compensation; you must prove that any purported delay was unreasonable. In practice, where there has been a delay, the relevant test for determining whether that delay is reasonable or unreasonable will hinge on the question of whether the advice or treatment given falls in line with what would be considered reasonable by a responsible body of medical professionals with the same expertise (i.e. the actions of an orthopaedic surgeon will be judged by the standard to be expected of a reasonable body of orthopaedic surgeons).

2. Causation – Even if you can establish that a delay was unreasonable, it is not enough to bring a successful clinical negligence claim in the UK. You must also prove that (1) the course of treatment followed ought to have been different (known as ‘factual causation’); and (2) had a different course of treatment been followed, you would have had a better outcome (known as ‘legal causation’). The issue of causation is far from straightforward, and significant exploration and investigation is often required to succeed in a clinical negligence claim.

Ultimately, if you or someone you know has experienced a delay in accessing treatment, and you feel that you have suffered a significant adverse outcome as a result, it is recommended that you speak with one of our legal professionals immediately to discuss whether you may be eligible to bring a clinical negligence claim for compensation.