If you live in the UK and have been involved in an accident leading to personal injury or you have had a medical misdiagnosis, you could be entitled to financial compensation.
For a more in-depth look at how much you can recieve, use the WINWales personal injury compensation calculator.
Who can claim?
Anyone who has suffered due to a misdiagnosis, or been involved in an accident, should seek professional advice from an injury lawyer immediately. After consultation, they will be able to advise you on whether or not you have a case and if so, which course of action to take next. You may be entitled to compensation. Compensation is an amount of money paid to a claimant by the negligent party or parties. Financial compensation can be given for a number of different reasons including actual injury and damages. There are factors that depend on the amount of damages awarded; these can include: how the injury occurred, the physical and psychological damage caused, recovery time, loss of earnings and the degree of any long term disability. Claims for misdiagnosis can be brought against a general practitioner, surgery or hospital. If a claim is made because of a misdiagnosis while in hospital, the correct defendant would be the NHS Trust the hospital is assigned to.
So how much could you receive for injuries?
Although there is no fixed amount applicable for particular injuries, there are guides available for reference. Most lawyers use The Judicial (13th edition) to assess claims for damages. Awards are dependent on the length of time for recovery and set according to guideline amounts. Usually general damages are awarded to compensate for general suffering that someone may have experienced. These also cover times when injury has prevented someone from carrying out what they normally would do. Special damages are awarded when there has been further financial cost to you due to an injury. As well as special damages, additional damages may be awarded for injuries that have prevented someone from carrying out their normal working life or their daily routine. Additional compensation may also be awarded, if any modifications have had to be made to a home due to complications caused by injury. Families claiming on behalf of a deceased relative may be able to claim for funeral expenses. These claims can range from £2,800 for a lost tooth; £7,500 for a leg fracture and to around £60,000 for a fractured wrist. In severe cases such as brain damage, awards can range from £150,000 to £300,000.
What about misdiagnosis?
Compensation can be made when a medical professional has not identified symptoms of an illness or condition which has led to the patients condition worsening. This can lead to further complications which might affect the patient's recovery. If a medical professional wrongly misdiagnoses an illness or medical condition in a patient, leading to unnecessary procedures, compensation may be awarded. For instance, if a patient is wrongly diagnosed with kidney failure or cancer and has to undergo dialysis or chemotherapy unnecessarily. Other problems may arise when patients are given the incorrect diagnosis. Psychological trauma may occur due to undiagnosed or incorrect diagnosis. Where it is proven that an illness has progressed due to late diagnosis, further claims may be brought. Legal costs and interest can be claimed in a case for misdiagnosis. Claims can range from £2,800 for minor anxiety relating to stress to £88,000 for severe psychiatric damage.
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