What is the process for claiming compensation for failure to diagnose DVT? After a hospital visit recently it was discovered that I have it even though my GP recently informed me that I did not. Can I claim for negligence?
You could be eligible to claim compensation for failure to diagnose DVT; however it is impossible to provide a definite answer without knowing more specific information. Although DVT can be serious if left untreated, medical negligence claims can be complicated, even when negligence is apparent and even when the negligent party is known. It will have to be established that had another competent doctor been in your GP’s place that they would have correctly diagnosed your condition and that they would have taken different actions to treat you. By contacting a personal injury claims solicitor with knowledge of DVT compensation claims as soon as possible you will be able to begin the process of establishing negligence and pursuing a claim.
In order to establish your GP’s negligence to make a claim for DVT diagnosis failure, your solicitor will contact your GP to obtain your medical notes and history. Your solicitor will present these to an independent medical expert. The expert will examine this documentation and will be able to determine why the mistake was made and whether or not another doctor would have made the same mistake in his place. The medical expert will inform your solicitor of their findings and from these findings your solicitor will determine the viability of your claim. If they think that you have a claim that is worth pursuing, they may offer to represent you legally in your compensation for failure to diagnose DVT claim.
You should be wary of any offers of compensation that may be proposed to you by your GP’s insurance company. Such unsolicited offers of compensation are known as third party capture. They are often made soon after an injury is sustained or the date that you have been made aware of an undiagnosed medical condition. As such, they will not have had time to fully assess the consequences and pain and suffering caused by your DVT and the financial repercussions of this. It is in your best interest to present such an offer to your solicitor before accepting them. Your solicitor will be able to determine whether or not you would be likely to obtain more if you decided to pursue a claim. He or she will be able to calculate the amount of DVT compensation you could be entitled to by taking into account a number of factors regarding your condition such as your age, sex, general state of health prior to DVT and the subsequent impact it has had on your quality of life.
All of this is a general overview of the process of making a medical negligence claim; it is no substitute for the specific advice a solicitor who has knowledge of the particular circumstances of your claim for DVT diagnosis failure will be able to give you. This is why you should contact one at the first possible moment to discuss your claim for compensation for failure to diagnose DVT in order to find out all your options.