How is compensation calculated following a misdiagnosis claim?

In order to determine the likely level of compensation in a medical misdiagnosis claim, we must consider where a claimant is now, and where they should have been with proper treatment.

The very nature of misdiagnosis means that when a claimant went to see a healthcare professional, they already had an injury or illness. Consequently, it means this condition may have been causing symptoms at that time and that there were treatments and a likely prognosis which may have changed over time.

The failure to make the correct diagnosis will have led to a failure to initiate the appropriate treatment at an earlier stage. This may have several consequences for the claimant:

• The symptoms may have persisted or worsened

• The treatment options may have changed, with some options no longer being possible

• More significant treatments or procedures may be required

• The prognosis may have worsened, affecting them long term or even reducing life expectancy

The impact of a misdiagnosis on all three of these factors will vary from case to case. For example, if a fractured foot is initially misdiagnosed and discovered two weeks later, it is likely the only consequence will be that the person has had to endure a couple more weeks of pain and discomfort, and may have been unable to go to work or participate in activities.

At the other end of the spectrum, a misdiagnosis of breast cancer that is not resolved for several months can significantly change all three of these factors:

• The symptoms have worsened

• The treatment options might have changed from a fairly straightforward lumpectomy, to now requiring a combination of a mastectomy, chemotherapy and radiotherapy

• The prognosis many have shifted from a full recovery with the lumpectomy to a 40% chance of survival at 5 years

In this scenario, these factors would mean that the claimant would be entitled to substantially more compensation than the person with the fractured foot. But how would this actually be calculated by the Court or your solicitors?

By assessing the changes to a claimant’s symptoms, treatment options and prognosis due to the misdiagnosis, solicitors can get a sense of the general damages likely to be awarded by a Court. Calculating the special damages and future losses and expenses is often more complex, as it depends on the claimant’s unique personal circumstances.

Earlier in the article we highlighted some of the factors that can contribute to that calculation. It is made up of financial losses and expenses incurred up to the date of the settlement or trial, and any future losses and expenses which are reasonably anticipated. The expenses can include the cost of treatments, therapies, care, aids and equipment, transportation and travel, adaptation to accommodation and loss of earnings.

This is the part of compensation where there may be large differences between the amount awarded to different individuals with similar cases. For instance, if there is a loss of earnings of £10,000 per year, the full value will be different for someone who is aged 25 and someone aged 50. The same applies to the requirement for treatments, therapies or equipment.

Because the impact can be so individual, we are reliant on our client for insight into the impact on them and their life as a result of the misdiagnosis – what things they used to be able to do but cannot anymore, what care or treatments they require, if this has affected their ability to do their job, etc. The more we learn about a client’s circumstances, the better we are able to determine a suitable value for the claim.

However, we also require expert evidence to help determine the value of special damages. This often includes:

• Healthcare professionals such as physiotherapists, orthotists, speech therapists and hydrotherapists will recommend treatment plans, aids and equipment that may be required

• Occupational therapists to assess the claimant’s ability to do everyday tasks

• Architects to assess the suitability of the claimant’s home for their needs and whether adaptation is possible or whether a move to another property is required

• Assistive technology specialists will make recommendations for technology which may help

Only by forming a strong understanding of a claimant’s unique circumstances can we form a clear picture of the special damages they deserve.

No two medical misdiagnosis claims are the same. The specific circumstances of the claimant, the severity of the injuries, the treatment and care requirements they have for the future – they vary from claim to claim, making the compensation awarded very personal to each individual.

Therefore, we would not recommend using an online compensation calculator to try and gauge the value of your claim. Instead, you should contact an experienced medical negligence solicitor like our professionals at Gadsby Wicks.

We give your claim the attention it deserves, investigating all evidence, canvassing the opinions of medical experts, and understanding your situation. Through this, we are best placed to give you a reliable estimate of the compensation you might expect to receive.