Failure to refer for further testing has a serious impact on your medical condition. Ignoring your symptoms and worries is not professional practice by a doctor. It should not happen, but it does and to many people every day.
When you visit a doctor at the GPs or the hospital, they examine you based on what you tell them. They should refer you to another doctor or clinic if further testing is needed.
The only way to confirm that you do or do not have a treatable condition is to refer you for further testing. Failure to refer you for further testing when you are showing symptoms is medical negligence by the doctor.
A No Win No Fee medical negligence solicitor can take your failure to test claim and get you the compensation you deserve.
Table of content
What is a failure to treat claim?
A failure to treat claim is suing for not referring you for further testing. When the doctor fails in their duty to treat you correctly, you have a failure to treat claim.
Failure to treat can be when the GP does not refer you to a skin specialist to have that rash on your arm looked at properly. It is when they fail to refer you to a cardiologist when your symptoms suggest something sinister.
A failure to treat claim comes from the hospital consultant forgetting to book you in for another test or a mix-up happening with your notes. You can claim for failure to test against the NHS if they employ a consultant who commits medical negligence.
You can bring a medical negligence claim against anyone at fault for the failure to treat and for not referring you for further testing.
Who is at fault for failure to treat?
A medical professional is at fault for failure to treat medical negligence. It is the GP, the hospital consultant or the NHS hospital that failed to refer you for further testing to spot your disease.
Failure to treat you correctly leads to your condition getting worse and losing valuable time your treatment. Instead of you going on the correct dose of antibiotics, your bad cold develops into pneumonia, and you end up spending time in hospital. The ignored symptoms of cancer become a serious illness putting your life in danger.
The failure to refer for further testing costs time in tackling any disease, infection or broken bone. A simple X-Ray or blood test can confirm or rule out problems. The failure to treat only leads to further problems, and you can claim compensation for medical negligence.
A No Win No Fee medical negligence solicitor can get you compensation for the common failure to treat claims.
Common failure to treat claims
Common failure to treat claims are errors by the GP, hospital consultants and administrative staff at the hospital or private clinic. The failure to treat claims follows a path that quickly leads back to where the medical negligence happened.
Common failure to treat claims are:
- Failure to treat by a consultant
- Failure to treat by surgery or clinic
- Failure to follow up on results
Failure to refer for further testing, wherever it happens, is medical negligence, and you can claim compensation from those responsible.
Failure to treat in A & E
Failure to treat in A&E is when the doctor does not send you for more testing or refer you to a consultant. Referring you for tests and further appointments is necessary to confirm or rule out a range of conditions.
When you end up in A&E due to being ill or having an accident, the staff must diagnose what is happening. For the staff to not refer you for further testing can have consequences. Your health may deteriorate, and you will suffer from the negligence.
Failure to treat by a consultant
Failure to treat by a consultant is when they do not send you for further tests or read your results. The consultant is aware of your symptoms and must refer you for further testing when necessary.
You trust and rely on the consultant to have your interests at heart. They must treat you correctly, and failure to refer for further tests is medical negligence.
Failure to treat by a paramedic
Failure to treat by a paramedic can lead to serious injury or even death. When they examine you, the paramedic must recognise if you need to go to hospital for further testing.
Leaving you behind when you need hospital treatment is medical negligence by the paramedic. The need for further tests should not be eliminated; they have a duty of care to you.
Failure to treat by the surgery or clinic
Failure to treat by the surgery or clinic is when they do not book you an appointment when it is ordered. Administrative errors, poor management and low standards of record keeping lead to the failure to refer for further testing.
Appointments with consultants and hospitals are difficult to arrange. For the GP surgery or clinic to fail to refer you for further testing costs time and puts your health in danger.
Failure to follow up on results
Failure to follow up on results by the GP or hospital consultant is serious medical negligence. They may be busy, but that is not an excuse not to refer you for further treatment or even to change your course of medications.
Your test results show what is happening with you and point the doctor towards treating you properly. Not following up by either not reading the results or not acting on them wastes valuable time in treating you.
Effects of failure to treat in medical negligence
Effects of failure to treat in medical negligence are seen when conditions worsen, or treatment is delayed. What is certain is that the patient will suffer, and someone is responsible for the medical negligence.
The effects of failure to treat are:
- A delay in testing
- Illness getting worse
- Broken bones going untreated
- Delays in beginning treatment
- Mental health worries being ignored
- Cancer not being diagnosed
- Cardiac issues
- Developing preventable diabetes
- Errors in medications
- Patients getting lost in the system
Many effects of failure to treat result in harm being done to a patient. The cancer will spread, a heart issue becomes a cardiac emergency, or the patient will wait months for appropriate treatment.
Failure to refer for further testing is medical negligence. A No Win No Fee medical negligence solicitor can handle your claim for compensation and get you the award to right the wrong done to you.
How much can I claim in compensation for a failure to treat claim?
You can claim compensation amounts from the low £1,000s to over £1 million in a failure to treat claim. Every claim is different, and there is never one fixed compensation amount you can claim.
When making a claim for failure to treat, you are looking for compensation for what happened at the hands of a medical professional. The negligent treatment caused temporary or permanent injury, and you deserve compensation for the suffering.
There is not one fixed amount awarded for failure to treat claims. The amount of compensation differs from patient to patient, depending on the circumstances of the failure to treat and its effects.
As in all medical negligence claims, each case is dealt with on its merits and how much you have suffered from the failure to refer for further testing.
A No Win No Fee medical negligence solicitor will be the only one who can advise you on a failure to treat claim. They will know from experience what your case may be worth and how to go about a successful claim.
Your No Win No Fee medical negligence solicitor will handle your failure to treat claim and get you compensation for all damages incurred.
What can you claim for when you sue for failure to treat?
You can claim compensation for any damages that occurred when you sue for failure to treat.
There are two types of compensation damages due when suing for any type of medical negligence: General damages and Special damages.
General damages are when you sue for the pain, suffering and the loss of amenity, PSLA, you have experienced due to negligence.
- Pain is that above what is normally expected for your procedure
- Suffering is the inconvenience and changes to your life that cause you discomfort
- Loss of amenity, PSLA, is any difficulty you have in doing everyday tasks, such as walking, sitting and sleeping
Special damages include loss of earnings, future care costs, and out-of-pocket expenses.
- Loss of earnings includes compensation for time off work and any reduction of your income in the future.
- Future care costs are for any care you will need as a result of the medical negligence
- Out-of-pocket expenses cover medical appointments, travel, accommodation and meals
Be sure to keep payslips, receipts and proof of any losses you experience as a result of the medical negligence.
You deserve compensation to cover all losses, including loss of life, medical costs and any long-term care needs.
When you or a loved one suffers from the effects of failing to refer for further testing, you make a failure to treat compensation claim.
Your No Win No Fee solicitor will guide you through the steps in making a failure to treat claim.
What are the steps involved in making a failure to treat claim?
The steps involved in making a failure to treat claim go from seeking medical advice to issuing court proceedings.
The steps are a part of any successful compensation case, and settlement can happen at any stage in the process.
Your medical negligence solicitor will do the rest when you follow the steps correctly and get all the facts and figures together.
Step 1: Seek medical advice
Seek medical advice on the injuries you have suffered or are suffering with immediately you realise you experienced failure to treat medical negligence.
Step 2: Contact a specialist medical negligence solicitor
Contact a specialist medical negligence solicitor who operates on a No Win No Fee basis and tell them what went wrong. The right solicitor will look at your case, see where the problem lies, and advise if you suffered failure to treat negligence by your doctor.
The Medical Negligence Team also have a 100% Compensation Guarantee scheme, where you get all the money awarded in a negligence claim.
You are the one who suffered medical negligence, and you should get all the money due for the suffering.
Step 3: Your medical negligence solicitor obtains your medical records
Your medical negligence solicitor obtains your medical records with your permission. By reading your records, they will confirm if they think you have a valid failure to treat claim.
The medical negligence team will know from your medical records if the case will result in compensation being paid.
Step 4: The medical negligence solicitor sending a letter of claim to the negligent party
The medical negligence solicitor sending a letter of claim to the negligent party is the next step. The letter will ask them to admit the failure to treat in what is known as ‘sending a letter of claim.’
When the negligent party receives the letter of claim, it has up to four months to provide a written response.
Step 5: Getting a response from the negligent party’s insurer
Getting a response from the negligent party’s insurer will move your compensation claim closer to a conclusion.
The insurer will either admit the medical negligence or say they intend to defend the case. Deciding to defend the case is known as ‘deny liability’ in legal terms.
If they admit liability, your failure to treat claim can be valued, and the two parties will meet to decide on your compensation payment.
Your solicitor will negotiate with the negligent party and use their experience to get the compensation you deserve.
Step 6: Issuing court proceedings
Issuing court proceedings is the next step if they deny liability in your failure to treat claim.
Going to court happens, too, when they are not prepared to pay a fair amount for the injuries you have suffered. Your medical negligence solicitor issues the court proceedings.
Remember that less than 1% of medical negligence cases end up in court, and very few of those cases ever make it to the courtroom.
Using a No Win No Fee solicitor
Using a No Win No Fee solicitor is the only way to get a successful failure to treat compensation claim. Your No Win No Fee medical negligence solicitor will not charge you for a claim you do not win.
Always have a fee agreement in place before engaging a medical negligence solicitor. If they start talking of a ‘win fee’ or a ‘success fee,’ you should walk away. The negligent party insurers should pay all fees.
The medical negligence solicitor should also operate a 100% Compensation Guarantee scheme. When you win the case, all the money awarded should go to you, not the solicitor.
You are the one who suffered failure to treat medical negligence, and you deserve the compensation to get your life back to normal.
How long do I have to make a claim for failure to treat compensation?
You have three years to make a claim for failure to treat compensation. All medical negligence claims are subject to limitation periods.
For example, in England and Wales, medical negligence claims must generally be brought and court proceedings issued within three years of the injury or three years of knowledge of the facts giving rise to the claim.
If someone has passed away, it is the date of death if the limitation period has not expired at the date of death.
Children not under a disability typically have until they reach 21 to start a failure to treat claim or court proceedings.
Persons under a disability, who lack capacity, are not subject to any limitation period.
Can I make a medical negligence claim against the NHS?
Yes, you can make a medical negligence claim against the NHS. Making a claim for failure to test against the NHS is not unusual. People sue the NHS for compensation for all types of medical negligence and receive the money they deserve for the negligent treatment.
Each year there are between 8,000 and 10,000 successful medical negligence claims against the NHS. Amounts in compensation claims awarded against the NHS range from £1000 to over £10 million.
The amount of compensation you receive covers minor injuries such as scarring to serious life-threatening negligence, which leaves you with long-term care needs.
We trust in and use the NHS daily and do not expect negligence. It happens, though, and the NHS has a dedicated team to handle medical negligence compensation claims, called NHS resolution.
NHS Resolution has a responsibility to treat patients who seek compensation fairly. Patients pay for the NHS through their taxes, and for that they deserve respect and the best medical treatment.
Contact The Medical Negligence Team
Contact the Medical Negligence Team today to discuss your failure to treat claim for compensation. We have both the legal and medical experts to guide you along the steps to a successful medical negligence claim for compensation.
At the Medical Negligence Team, we fight every compensation claim on a No Win No Fee basis. You will not be out of pocket for an unsuccessful claim.
We have a very high success rate and a reputation for a speedy and successful resolution to all medical negligence cases.
Our 100% Compensation Guarantee puts all the money you win into your pocket. You or your loved one suffered a failure to treat, and you deserve every penny of the compensation claim.
Contact us at the Medical Negligence Team for all your medical negligence needs.