How To Make Medical Negligence Claims For Delayed Treatment
Medical treatment or getting the right diagnosis could be delayed for a number of valid reasons. However, where administrative errors happen, a doctor misdiagnosed you, or they failed to refer you for further tests, you could claim for delayed treatment if you can show that the delay was unnecessary and avoidable.
Key Takeaways
- NHS Resolution, the body dealing with claims for medical negligence, dealt with 13,382 clinical negligence claims.
- In the same year, the cost of harm dealt with by the CNST (Clinical Negligence Scheme for Trusts) was £4.7 billion.
- Successful delayed treatment claims may be made against the NHS or private healthcare providers.
- You must generally start your claim within 3 years.
- A medical negligence solicitor from our panel could help you to claim for harm caused by delayed medical treatment.
Contact one of our helpful advisors today to discuss your case and receive free advice, They can be reached by:
- Calling 020 3870 4868
- Completing our form to start your medical negligence claim online.
- Talking to an advisor over our live chat.
Jump To A Section
- What Is A Treatment Delay?
- Can I Make A Delayed Treatment Compensation Claim?
- How Can Negligence Lead To Delayed Treatment?
- What Conditions Can A Treatment Delay Claim Cover?
- How Much Compensation Could Be Awarded For Delayed Treatment?
- The Delays In Treatment Claim Time Limit
- Is There An Acceptable Wait Time For Receiving Medical Treatment?
- Claiming With A No Win No Fee Delayed Treatment Solicitor
- More Information
What Is A Treatment Delay?
Treatment may be classed as delayed if a patient does not receive medical care within a reasonably expected timeframe, leading to adverse health outcomes. Treatment delays may be caused by unreasonable waiting times for diagnosis or procedures, misdiagnosis of your condition or other failures by medical professionals.
The delayed diagnosis or treatment of many conditions could lead to a deterioration in the patient’s health and worse health outcomes. Adverse effects may include progression of a disease and further (unnecessary and avoidable) pain and suffering. Patients may also face prolonged recovery periods, emotional distress and lost income.
If you believe that you have been harmed due to delayed treatment, please contact our team. An advisor could help to determine whether you have grounds to take legal action.
Can I Make A Delayed Treatment Compensation Claim?
You could make a delayed treatment compensation claim if you can show that a medical professional breached their duty of care.
Whether you visit your GP, receive care in a hospital or visit another medical service provider, you are owed a duty of care. Per this duty, medical professionals should ensure that the care they provide meets the correct standard.. This may include meeting professional standards set by bodies such as the General Medical Council (GMC). Delays in providing care may be considered a failure to meet such standards and breaching their duty of care.
To claim for a delay in treatment, you must show that:
- A healthcare professional owed you a duty of care.
- They breached this duty.
- This caused you to experience unnecessary or avoidable harm.
Together, these three factors form the basis of medical negligence.
We must note here that not all instances of delayed diagnosis or treatment may be considered negligent. Delays may occur even when doctors (and others) act in accordance with the highest professional standards.
Can I Claim Against The NHS For Delayed Treatment?
You could claim against the NHS or a private healthcare provider for delayed treatment. In either instance, your claim must meet the same eligibility criteria, which are highlighted above.
Delayed treatment claims made against the NHS may be handled by NHS Resolution. This is a specific body within the NHS dealing with compensation claims. If you make a successful delayed treatment claim, any damages you are awarded would be paid out from the relevant Trust.
Successful claims made against private healthcare providers will typically be handled by their insurance provider.
Delayed Treatment Claims On Behalf Of A Loved One?
There are several scenarios in which delayed treatment claims could be made on behalf of a loved one. Individuals under the age of 18 cannot claim compensation on their own behalf. Similarly, neither can those without sufficient mental capacity to do so.
In these circumstances, a suitable adult, such as a parent, other family member or friend, could apply to become their litigation friend. A litigation friend is a person appointed by the court to act in the best interest of the person harmed. They may perform duties such as liaising with solicitors, keeping the claimant up to date and making decisions in the best interest of the person harmed.
Whether you need to claim for yourself or on behalf of another person, our team could help you. Please get in touch with our team to find out how one of our panel of specialist solicitors could help you.
How Can Negligence Lead To Delayed Treatment?
Negligence could lead to delayed treatment in a variety of ways. We explore some of these below.
Misdiagnosis Or Delayed Diagnosis
A doctor, such as your GP, may misdiagnose your condition or may diagnose it at a much later stage. Doing so could mean that treatment options are narrowed or would not be as effective.
For example, a GP misdiagnoses a patient’s wrist fracture as a strain and fails to order an X-ray. The fracture gets worse and heals in the wrong position, later requiring surgery.
Lack Of Referral
A doctor fails to refer a patient for additional tests or consultation with a relevant specialist, despite displaying symptoms that would require these further tests.
For example, despite having prominent lumps in your breasts, your GP misdiagnoses them as swollen lymph nodes and fails to refer you for further testing, such as a mammogram, which would have revealed these lumps to be breast cancer. Due to receiving delayed treatment, the cancer worsened, requiring a full mastectomy.
Incorrect Medication Prescribed
The incorrect medication may be prescribed by a doctor who fails to properly examine the patient or consult the patient’s medical records. The wrong medication could exacerbate the patient’s condition or cause a new one.
For example, a doctor prescribes you the incorrect medication for your condition. Not only do you experience side effects from this medication, but it also means your initial condition is not being treated, worsening over time.
Administration Errors
It is vital that patients’ records are accurately maintained. Records should be updated, referrals passed on, and procedures correctly booked. The failure to do so may delay treatment.
For example, administrative staff may fail to properly schedule a patient for surgery, thereby delaying the procedure and causing the patient to suffer longer than necessary.
Lack Of Follow Up Care
Follow-up care is a vital part of the treatment process. Patients may require close monitoring of the condition. Failure to do so may allow a condition to worsen or recur.
For example, following surgery, nurses and doctors may fail to closely monitor a patient as part of their follow-up care, thereby missing the early signs of sepsis. If left untreated, this can be fatal.
If your medical care has been impacted by any of the ways discussed in this guide, please contact an advisor. They could listen to your own personal circumstances and may connect you to a solicitor from our panel.
What Conditions Can A Treatment Delay Claim Cover?
You could claim for delayed treatment which has negatively impacted or worsened a wide range of different conditions. Whilst there are numerous different examples of potential conditions which the failure to treat in the appropriate time-frame could worsen, these examples could have some of the most severe consequences for patients.
Examples of conditions include:
- Cancer – the failure to diagnose and/or start cancer treatment in time could lead to the condition progressing and spreading. Significant delays could lead to more aggressive forms of treatment becoming necessary or the condition becoming untreatable.
- Heart conditions – delayed treatment for arrhythmia or a heart attack could have a serious and life-threatening impact on patients.
- Cauda equina – even minor delays in diagnosing or treating cauda equina could have serious consequences for patients. Delays could lead to bowel and bladder incontinence, sexual dysfunction and chronic pain amongst other effects.
- Stroke – delays treating or the misdiagnosis of strokes could lead to the patient’s condition deteriorating and may reduce possible treatment options.
- Infections – delays to treating infections, such as blood borne or bacterial infections, could lead to worse healthcare outcomes and higher rates of mortality.
- Sepsis – delays in prescribing and administering treatment, such as antibiotics, could lead to the infection quickly spreading and progressing. Even small delays in treating sepsis can significantly increase mortality.
- Meningitis – even small delays in diagnosing and treating meningitis can increase the risk of death.
- Orthopaedic conditions – delays in treating patients for orthopaedic conditions could lead to declining health, worse health outcomes. Delays in surgery could lead to longer hospital stays.
It is important to reiterate that in order to claim compensation, you must show that medical negligence took place. Contact us to claim for harm caused by delayed medical treatment.
How Much Compensation Could Be Awarded For Delayed Treatment?
A successful claim for delayed treatment which led to severe brain damage could potentially receive between £344,150 and £493,000 per the Judicial College Guidelines (JCG).
Those calculating your claim for the harm you have suffered may refer to this document, as it contains compensation guidelines for different illnesses and injuries.
In our table, we use some of the figures listed within the JCG. Please note that the first figure has not come from the JCG and this table should only be used as a guideline.
| Harm | Severity | Guideline Compensation Bracket |
|---|---|---|
| Multiple forms of harm + special damages. | Severe harm. | Up to £1,000,000+ |
| Brain damage. | A - Very severe. | £344,150 to £493,000. |
| Paralysis injuries. | B - Paraplegia. | £267,340 to £346,890. |
| Bladder injuries. | C - Serious impairment of bladder control. | £78,080 to £97,540. |
| Bowel injuries. | C - Faecal urgency/ passive incontinence. | In the region of £97,530. |
| Post-traumatic stress disorder. | B - Moderately severe. | £28,250 to £73,050. |
| Kidney damage. | C - Loss of one kidney. Other is not damaged. | £37,550 to £54,760. |
| Spleen | A - Loss of the spleen. | £25,380 to £32,090. |
| Epilepsy. | C - Other epileptic conditions. | £12,990 to £32,090. |
| Wrist injury | D - Recovery taking more than 12 months. | £7,420 to £12,630. |
Why Should I Claim For Delayed Treatment?
Claiming compensation for delayed treatment could not only help you with regaining a sense of justice, but it could also help compensate for any financial losses you expereinced.
General damages are awarded for the pain and suffering you endured due to the medical negligence. Factors that could impact how much you are awarded under this heading include:
- What harm you suffered
- The severity of the harm
- Your prognosis
- Your expected recovery
Any financial losses you experienced due to the medical negligence could be compensated under special damages. This could include, but is not limited to:
- Loss of income and earnings – you may have had to take time off work, been unable to return to work, or had to work at a reduced capacity. You could reclaim lost earnings. To do so, you must submit evidence, such as pay slips.
- Medical expenses – this could include the cost of medication, surgery, further treatment or even physiotherapy. You can use invoices and receipts to help prove such expenses.
- Care costs – this could include the cost of in-home care or care in a specialist facility. Estimates and invoices may be used as evidence of these costs.
- Travel costs – this could be taxi fares to and from your medical appointments. You could prove these with receipts.
To learn more about how compensation is awarded in delayed treatment claims, you can contact our advisors.
The Delays In Treatment Claim Time Limit
When making a claim for delayed treatment, there is a 3-year time limit to begin this process, as set out within the Limitation Act 1980. This time limit can begin from:
- The date the medical negligence took place
- The date you first became resonable aware of the harm, known as the date of knowledge
However, there are certain exceptions to this time limit.
If a delay in treatment has harmed a person under the age of 18, the time limit does not begin till they reach this age. This is because they can not claim on their own behalf prior to this age.
If the person harmed by delayed treatment lacks the mental capacity to bring forward their own claim, the time limit is also suspended. If the affected party does regain their ability to make a claim, and no claim has already been made on their behalf, they would subsequently have 3 years in which to do so themselves, running from this recovery date.
Whilst claims must be filed within the applicable medical negligence claim time limit, they do not have to be concluded within it. Get in touch with our team for a free consultation.
Is There An Acceptable Wait Time For Receiving Medical Treatment?
The acceptable waiting time for surgery or treatment may vary substantially, depending on a patient’s condition, overall health and the treatment required.
Patients have the right to start consultant-led treatment for non-emergency conditions within 18 weeks of being referred. The NHS should also take reasonable steps to offer patients alternative services if it is not possible to meet this target.
Waiting times for referral to treatment may be longer where a patient chooses to wait longer or where it is clinically appropriate for them to do so.
As of March 2025, 7.4 million people were on NHS hospital waiting lists for treatment.
Please get in touch with our team if you or a loved one has been harmed by delayed treatment to see how we could help you.
Claiming With A No Win No Fee Delayed Treatment Solicitor
If you have a valid case, you could claim with a No Win No Fee delayed treatment solicitor. We work with a panel of specialist solicitors who could help you. They have decades of experience in helping people to make successful medical negligence claims.
Specifically, the type of No Win No Fee contract our panel offers is a Conditional Fee Agreement, meaning:
- You won’t need to pay for their services prior to claim starting or while it is ongoing.
- There will be nothing to pay for their work on your case should it not be successful.
- You will pay the solicitor a success fee from your compensation if the claim succeeds. This is a legally limited percentage.
In addition to working on a No Win No Fee basis, the solicitors on our panel can also help with:
- Gathering evidence to support your case, such as medical records and witness statements.
- Filing your claim within the time limit.
- Negotiating your compensation.
- Explaining any legal jargon used throughout the claims process.
- Organising rehabilitation where needed.
Contact Our Advisors
To see if a No Win No Fee solicitor from our panel could help you with making a delayed treatment medical negligence claim, you can contact our advisory team today. They cna help answer any questions you may have:
- Call 020 3870 4868.
- Use our online live chat.
- Begin your claim online.
More Information
Here you can learn more about medical negligence claims:
- Learn more about first aid negligence in this guide.
- Find out how to report a doctor for medical negligence here.
- Guidance on proving medical negligence when making a compensation claim.
References:
- View the NHS Constitution for England here.
- Find advice for claimants in this resource from NHS Resolution.
- Read more about good medical practice in this resource from the GMC.
Thank you for reading our guide to claiming compensation for delayed treatment. For further information, contact our team.
