What are the procedures for making an NHS misdiagnosis of cancer claim for compensation?
An NHS misdiagnosis can often be grounds for making a claim for compensation, provided that the NHS misdiagnosis concerned led to a personal injury being sustained or that an existing condition deteriorated and caused you to come to harm. However the very first step that should be taken is to consult a medical negligence solicitor for advice. Eligibility to make an NHS misdiagnosis claim for compensation will need to be confirmed, and a medical negligence solicitor is in the best position to do this.
The first step of the claims process is to write a letter of complaint to the NHS hospital or to the practice manager where the NHS misdiagnosis occurred. With any NHS misdiagnosis claim due to medical negligence, the NHS needs to be given the opportunity to investigate. The time scale for alerting the NHS of what you believe was a case of medical negligence may be as little as 6 months from the date of negligence or the date of knowledge of negligence, so it is important not to delay making a complaint.
Delaying making a NHS complaint is unwise; however you should seek legal advice before doing so. A medical negligence solicitor will be able to help you making a complaint for a NHS misdiagnosis of cancer. It may also be possible to make a compensation claim for NHS misdiagnosis at the same time as the complaint, although in some cases a reply from the hospital or doctor concerned will be necessary before legal action can be taken.
The complaint letter concerning the NHS misdiagnosis of cancer should summarise what you think has happened, and should detail your diagnosis, when it was made, and the symptoms you described to the doctor or specialist at the time. The letter needs to be concise and must contain the questions you want answers to. The NHS will aim to provide a reply about any NHS misdiagnosis complaint within 20-40 days of receipt of the letter. If a claim for compensation for NHS misdiagnosis of cancer has not already been filed, a solicitor will be able to do this when the reply has been received.