Misdiagnosed patients could be set for compensation

Adam Smith
Email: a.smith@waldrons.co.uk

Patients affected by the misdiagnosis mix-up at Hereford County Hospital could have a case for compensation, says clinical negligence specialist Adam Smith at solicitors Waldrons.

The situation has seen 17 patients who were told they did not have cancer later informed they did have the disease. A further 14 patients, some of whom underwent radiotherapy, were told they had cancer when they did not.

The first step for those affected is to seek expert legal advice from an accredited clinical negligence specialist, urges Mr Smith.

He said: "This is an extremely complicated area of law. Those who were wrongly diagnosed with cancer when they did not have it, and received radio or chemotherapy without just cause, may have a claim for the pain and suffering incurred."

"Potentially, they could also have a psychiatric claim if they suffered depression or another psychiatric disorder as a result."

"Equally, someone who has been wrongly told they are cancer-free when they are not may have a claim for the effect that the delay in treatment had on their outcome."

"In both cases, to be successful, the patient has to show there was a breach of the duty of care to them and, that as a result of this, they suffered an additional injury."

Mr Smith added: "We have significant experience in this field and are currently running a number of failed or delayed diagnosis of cancer cases."

" Waldrons is one of a handful of local specialists with a solicitor on the Law Society Clinical Negligence Panel - of which out of around 13,000 solicitors in England, there are just over 400 members."

"Our membership offers assurances on the highest level of skills and experience in all aspects of clinical negligence. It also means that, where eligible, we can advise and represent patients under the legal aid scheme, which is not available via non-panel solicitors."

Waldrons was awarded a Clinical Negligence Legal Aid Franchise in 2006.
For more information, contact Adam Smith at Waldrons on 01384 811 811