Am I entitled to claim against a consultant doctor if I received a considerable delay in diagnosis and treatment?
You are entitled to claim against a consultant doctor if the delay in diagnosis and treatment you received was due to a breach in the doctor’s duty of care towards you, and the delay caused you to sustain an injury that could have been avoided by the consultant doctor in the circumstances. For a claim against a consultant doctor to be viable, the harm done to you (your injury) must have been attributable to the low standard of care you received. This evaluation of substandard care is performed by other medical experts, who then determine if “on the balance of probabilities” the consultant doctor who owed you a duty of care was negligent. If so, your claim for compensation against a consultant doctor may be successful.
However, there may be mitigating circumstances that may affect your claim against a consultant doctor. For instance, if you were found to have partially contributed to the extent of your injury by your own lack of care you may not receive the same amount in your claim against a consultant doctor — i.e. your final settlement of consultant doctor compensation may be reduced.
Another factor to bear in mind in your potential claim against a consultant doctor is that if the consultant doctor in question is a NHS provider, you should make a complaint within twelve months from the time of your injury to the NHS or agency who referred you to the doctor (although your actual claim against a consultant doctor may be made within three years from the “date of knowledge” of your injury).
As there may also be other aspects in your potential claim against a consultant doctor, it is advisable to speak with a personal injury solicitor who is well versed with medical negligence claims about the circumstances surrounding your injury.