Failure to refer to a consultant is when a hospital doctor or GP does not send you to see a consultant for further treatment or diagnosis. The failure to refer could result in your illness or injury getting worse or cause delays to your correct treatment. 

Failure to refer to a consultant is medical negligence. Your doctor should know what to do and who to refer you to when your condition warrants further expert opinion. The failure to refer can affect your life today and in the future, effects which can be fatal in some cases. 

You see a medical professional when ill or injured, and they owe you a duty of care. If they breach that duty of care by failing to refer you to a consultant, you may have a claim for compensation. 

You bring a compensation claim against those responsible for the failure to provide a duty of care. If a loved one cannot represent themselves, you or their family may be able to claim on their behalf. 

A No Win No Fee medical negligence solicitor can make your failure to refer claim for compensation when you suffer negligence by medical professionals.

Failure to Refer to a Consultant

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What is failure to refer?

Failure to refer is when a medical professional fails to refer you for further treatment, tests, or expert opinion. The doctor, GP or consultant fails to refer you when you are ill, and your condition could get worse as a result. 

A failure to refer happens when your doctor does not give you a service that any other medical professional would provide in similar circumstances. The doctor’s failure to refer is medical negligence that could cause injury or make your condition worse than it should be. 

The result of failure to refer is that you do not get the correct treatment, nor get an accurate diagnosis of a condition, or get to see the right medical professional. You trust a doctor to give you a professional service, and when they fail to do so, it could be a breach of their duty of care. 

The examining doctor should consider all the possible symptoms of your condition and the correct treatment path. Some symptoms can be mistaken for another condition, but the doctor should refer you for tests, further treatment, or to see a consultant where necessary. 

You could have a claim for medical negligence compensation if you suffer as a result of failure to refer.

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Common failure to refer claims for Medical Negligence

A patient may need to be referred to a consultant when an expert opinion is needed or further correct treatment could be necessary. The doctor should be aware of their limitations and when to refer a patient to a consultant. 

A consultant is an expert in their particular field of medicine. Doctors can refer to a consultant neurologist, paediatrician, oncologist or one of the many other consultants available for the patient’s condition. 

A patient may need to be referred to a consultant when:

  • Failure to refer in a medical emergency claim
  • Failure to refer following test results claim
  • Failure to refer patent with recurring symptoms claim
  • Failure to refer when a patient does not respond to medication claim
  • Failure to refer a patient who needs further treatment claim
  • The examining doctor cannot make a diagnosis claim
Common failure to refer claims for Medical Negligence

Failure to refer in a medical emergency claim

In a medical emergency, a patient may need to be referred to a consultant immediately. The A&E team or paramedic may stabilise the patient but should refer to a consultant for further treatment. 

A failure to refer to a specialist consultant will delay treatment and not help the recovery of the patient.

Failure to refer following test results claim

When test results indicate a patient should be referred to a consultant, the examining doctor should do so and advise the patient. 

Your GP may see that you need to see a consultant from blood test results, or the radiologist may notice something on the scan or MRI. 

Test results are an excellent diagnostic tool and should be used when referring you to see a consultant.

Failure to refer patent with recurring symptoms claim

When a patient has recurring symptoms, the doctor should refer to a consultant for an expert medical opinion. A consultant will know from experience how to treat your recurring symptoms and diagnose what could be wrong.

Failure to refer to a consultant when you have recurring symptoms could be medical negligence.

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Failure to refer when a patient does not respond to medication claim

A patient does not respond to medication when on the wrong treatment path and should see a consultant for further opinion. Your GP or hospital doctor should refer the patient to a consultant for the best treatment possible. 

When you do not respond to medication, a consultant could be the only solution, and your doctor should refer you to a consultant before your condition worsens.

Failure to refer a patient who needs further treatment claim

When the patient needs further treatment for a condition or injury, the doctor should refer to a consultant for the patient’s well-being and to determine the correct medication path. 

Further treatment is usually the best option for dealing with any condition. Only a consultant can decide how to treat you properly; failure to refer to a consultant could be medical negligence.

The examining doctor cannot make a diagnosis claim

When the examining doctor cannot make a diagnosis or is not sure of a diagnosis, is a perfect example of the need to refer to a consultant. The expert opinion of a consultant may make an accurate diagnosis and help the patient to recover. 

A failure to refer to a consultant will cause further suffering and could put the patient’s life at risk. 

Failure to refer to a consultant can be medical negligence when the patient suffers as a result. The potential effects of not being referred to a consultant in time could be catastrophic for you, and you may have a claim for compensation.

Potential effects of not being referred to a consultant in time

The potential effects of not being referred to a consultant in time can be life-changing and could result in unnecessary suffering or death in tragic cases. The responsibility of the examining doctor, GP or hospital doctor is to treat the patient and refer to a consultant when necessary. 

When you do not receive the correct medical treatment, the potential effects on your health are many and could be avoidable. Being referred to a consultant can be the first step to helping you fight an illness, and not doing so could be medical negligence. 

The potential effects of not being referred to a consultant in time are:

  • Delays in the diagnosis of a condition
  • Delays in starting treatment for a condition
  • Misdiagnosis of a condition
  • Broken bones not setting properly
  • A patient being on incorrect medication
  • A patient being on an incorrect dose of a medication
  • A patient not undergoing the full set of tests
  • A failure to inform the patient fully
  • Unnecessary suffering
  • The patient’s condition worsening
  • A condition becoming chronic
  • The death of a patient

The potential effects of the failure to refer to a consultant are many for a patient. The doctor who does not refer you to a consultant may be responsible for medical negligence, and you could have a claim for compensation.

Compensation for failure to refer to a consultant negligence

You can seek compensation for failure to refer to a consultant negligence claims in amounts from the low £10,000s to over £10 million in some cases. 

The compensation varies depending on several factors, and failure to refer to a consultant negligence claims sometimes see very high awards, such as when a patient passes away or suffers a lifetime of unnecessary suffering and chronic pain.  

Compensation in failure to refer to a consultant claims can be:

  • Failure to refer to a consultant for further treatment- £32,700
  • Failure to refer to a consultant by a GP – £48,600
  • Failure to refer to a consultant after test results – £52,300
  • Failure to refer a patient to a cancer consultant- £77,500
  • Failure to refer to a consultant, leading to treatment delays – £125,100
compensation claim calculator

All amounts are approximate and are only a guide to what is possible in failure to refer to a consultant claims. Figures can be high in some claims as you or a loved one could need long-term care and may face medical bills for life. You may be able to claim for these care expenses and the medical costs in the future.

As in all medical negligence claims, each case is dealt with on merit and how much the patient suffers due to failure to refer to a consultant. 

A No Win No Fee medical negligence solicitor will be the one to advise you on a failure to refer to a consultant claim. They will know from experience what your case may be worth and how to make a successful claim for compensation.

Our Process

Our team members have a higher career win rate with a 75% success rate on NHS letters of claim, compared to an industry average of 54.5%.

Enquiry

The first step is to get in touch and tell us what went wrong. It’s free and easy. Call our 24-hour helpline: 0800 246 1122 or request a callback here.

Medical Evaluation

Once you have spoken with our team we’ll let you know how we can help. Typically the next step is to obtain your medical records for us to review.

Legal Letter

Once all your medical records have been received they will be reviewed by a medically & legally qualified member of our team. If there is evidence of medical negligence we will send a letter of claim to the negligent party outlining your medical negligence claim.

Who is eligible for compensation?

The patient who suffers from complications due to failure to refer to a consultant may be eligible for compensation. They are the ones who have suffered, and the clear medical negligence could lead to the condition going untreated for a time. 

The delays in their treatment could lead to years of unnecessary suffering and the patient’s early death in some cases. 

If a patient passes away due to a type of doctor failure, the ones left behind may have a claim for medical negligence. 

Loved ones in a medical negligence case are known as ‘dependents’ and can be:

  • A spouse or former spouse of the deceased
  • Someone who lived with the deceased for two years before death as a husband, wife, or civil partner.
  • Blood children, adopted children or those who became children through marriage or civil partnership
  • Parents and those acting as parents, such as a guardian or step-parents
  • Grandparents or great-grandparents
  • Brothers, sisters, cousins, and other direct relatives

When you are a victim of medical negligence or have lost a loved one through failure to refer to a consultant negligence, you may have a claim for compensation.

What can you claim for when you sue for failure to refer to a consultant negligence?

You can claim compensation for any damages that occurred when you sue for failure to refer to a consultant negligence.

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 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 is any difficulty you have in doing everyday tasks, such as walking, sitting, playing sports, 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 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 due to the medical negligence.  

You deserve compensation to cover all losses, including loss of life, medical costs, and long-term care needs. 

When you or a loved one suffers from the effects of failure to refer to a consultant, you can make a claim for medical negligence compensation.

medical negligence compensation types
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Who can be responsible for failure to refer to a consultant negligence?

A medical professional is responsible for failure to refer to a consultant negligence. When dependents bring a claim for any medical negligence, they claim against the NHS Trust or private clinic that employed the medical professional responsible.

The medical professional responsible for failure to refer to a consultant negligence could be:

  • The doctor who failed to refer you to a consultant for cancer diagnosis
  • The hospital doctor who failed to refer you to a consultant for further tests
  • The A&E doctor who failed to refer the patient to a consultant
  • The GP who failed to refer you to a consultant
  • The hospital responsible for doctor protocols and NICE guidelines
  • The hospital responsible for hiring suitable medical professionals
  • The hospital responsible for providing patient care
Who is responsible for medical negligence

Every medical professional owes you a duty of care when dealing with your health problems. You may suffer more than necessary if they are negligent with that duty of care and do not provide you with a professional service.

Medical negligence is treatment below an acceptable standard by a medical professional. Instead of putting the care needed into your care, the doctor made avoidable errors, which is clear medical negligence. 

By behaving less-than-professionally, the doctor risked the health of a loved one, and the financial and emotional effects could be with you for life.

You can claim compensation for a failure to refer to a consultant negligence and get help getting your life and that of the other dependents back on track.

What are the steps involved in making a medical negligence claim?

The steps involved in making a medical negligence 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 gather all the facts and figures.

Seek medical advice on the injuries your loved one suffered during, before or after surgery, as soon as you realise they experienced medical negligence.

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 the case, see where the problem lies, and advise if you suffered due to a doctor’s failure.

The Medical Negligence Team also have a 100% Compensation Guarantee scheme, where you get all the money awarded in a negligence claim. 

Your loved one suffered medical negligence, and you should get all the money due for the suffering to your life caused by the failure to refer to a consultant negligence.

Your medical negligence solicitor obtains the medical records with your permission. By reading the records, they will confirm if they think you have a valid medical negligence claim. 

The medical negligence team will know from your medical records if the case will result in compensation being paid.

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 medical negligence 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.

Getting a response from the negligent party’s insurer will move the 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 refer to a consultant claim can be valued, and the two parties will meet to decide on the compensation payment. 

Your solicitor will negotiate with the negligent party and use their experience to get the compensation you deserve.

Issuing court proceedings is the next step if they deny liability in your failure to refer to a consultant negligence claim. 

Going to court happens, too, when they are not prepared to pay a fair amount for the damages suffered by you or your loved ones. 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.

making a medical negligence claim

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“Medical Negligence Team Law quickly settled my medical negligence claim and I received 100% of the compensation recovered. I would highly recommend them.”

Miss P.R , North Yorkshire

“My pharmacy incorrectly gave me fast acting insulin causing problems with my blood sugars which made me very unwell for one month until the mistake was discovered. Medical Negligence Team Law quickly settled my claim and I received 100% of the compensation with no deductions.”

Mr G.W. , Lincolnshire

“I required Tegretol medication for my underlying epilepsy and nocturnal seizure control but my pharmacy gave me something completely different by mistake. As a result after many years of having no seizures I had a number of seizures, a fall and needed time off work. The Medical Negligence Team got me the compensation I deserved including money for lost wages. They also paid 100% of the compensation to me with no deductions.”

Mr J.B., Kent

“Your care and support was outstanding, making me feel supported and reassured and you kept in constant contact with any worries I had explained and swiftly responded to thank you, would recommend highly.”

Mr B.H., Brighton

“Following open surgery in October 2022 I continued to have pain in my wound. It was discovered a piece of drain had been left inside me causing me pain and suffering and the need to have a further surgical procedure to remove it. In June 2023 Medical Negligence Team Law completed my claim and I got 100% compensation awarded. Thank you.”

Mrs B, Hertfordshire

“Medical Negligence Team Law quickly settled my claim. They were friendly and helpful throughout the whole process and above all I received 100% compensation recovered with no deductions.”

Mr S.B., Northamptonshire

“Our pharmacist gave my husband the incorrect medication and while on holiday and taking the medication my husband became seriously ill. We had to rush home from Spain as a result of this. Medical Negligence Team recovered the costs for our abandoned trip and compensation for the pain my husband endured while he was recovering. They were very friendly, responsive and we received 100% of the compensation with no deductions.”

Mrs A.P., Worksop

“I needed surgery to remove an ovarian cyst. The NHS did the wrong operation first time round and they drained rather than remove the cyst. I then had to have a further operation to do the operation they should have done first time round with significant pain in between as the cyst came back. Medical Negligence Team quickly settled my claim. I received 100% of the compensation and was delighted with the service and communication throughout. They really are medical negligence experts”

Mrs T.S., South Yorkshire

“My pharmacy issued me with quetiapine rather than venlafaxine which had a significant impact on my mental health. Andy, Anthony and the team at Medical Negligence Team were incredibly helpful and obtained compensation for the pain and suffering I endured as well as payment for loss of earnings. They paid all the compensation, 100%, to me. I would highly recommend them.”

Mrs S. R., Peterborough

“I fractured my wrist and Barts Hospital Trust in London failed to arrange appropriate follow up in the fracture clinic and as a result my surgery was delayed. Medical Negligence Team Law obtained all my medical records and radiology and quickly settled my claim. I received 100% of the compensation recovered with no deductions”

Mrs C.M., London

“Great service and communication from everyone at Medical Negligence Team Law throughout my claim. They handled my claim on a No Win No Fee basis and I received 100% of the compensation recovered.”

Miss A.W , Liverpool

“A leaking IV iron infusion caused permanent staining to my arm. I received £13,000 compensation,100% with no deductions. Would recommend Medical Negligence Team to anyone.”

Mrs R. R., South Yorkshire

“I am happy to accept the £3,000 compensation, I just want to thank you for helping me with this! Your service has been amazing!”

Miss M.P., West Yorkshire

“My late father had a fall in hospital breaking his hip which required surgery. The fall was due to a lack of supervision. Medical Negligence Team won our case and got us the compensation we deserved. We received 100% of the compensation recovered. Many thanks to all the team at Medical Negligence Team. Would definitely recommend them.”

Mr D.C., Nottingham

“Medical Negligence Team Law won my pharmacy negligence claim and I received 100% of the compensation recovered.”

Mr G.P. , South Yorkshire

Make a medical negligence claim on behalf of a loved one

Yes, you can make a medical negligence claim on behalf of a loved one. Under UK law, if an injured party cannot represent themselves, then a loved one can take the case on their behalf.

Failure to refer to a consultant is a perfect example of claiming on behalf of a loved one. The medical negligence could take a loved one’s life or leave them unable to make a claim.

Your loved one depends wholly on you and the family for care and to fight for their rights. By making a claim on their behalf for medical negligence, you are fighting for the compensation they deserve.

A parent can make a medical negligence claim on behalf of a child while they are still under 18. In some cases, the diagnosis of medical negligence is not made until a child is in their late teens. The child’s parents can make a compensation claim when the child is under 18, but the young adult can make one until they turn 21. 

A No Win No Fee medical negligence solicitor will work with you to win the compensation claim for the doctor’s failure.

Fatal medical negligence

Fatal medical negligence is when a patient dies due to a lack of duty of care by the GP, the doctor or the NHS hospital involved. It is medical care below a standard that no other doctor acting professionally would provide that results in the death of a patient. 

Fatal medical negligence comes in many forms, and the family left behind may find it very upsetting to learn that a loved one has died due to negligence by a doctor. 

Medical negligence is medical care below that any other medical professional acting at an acceptable level would provide. In a fatal medical negligence case, the NHS hospital or private care clinic has not provided your father, mother, son, daughter, husband, or wife with an acceptable level of medical care, causing their death. 

Your No Win No Fee medical negligence solicitor can look at your case and see if you have a valid fatal medical negligence claim for compensation.

Are you eligible for compensation?

If you want to obtain compensation for the negligence you have suffered, we have a simple 3 step process to make sure you get the money you deserve

  • Take our online assessment & speak with our team

  • Our team of doctors and lawyers will undertake a full medical review based on your medical records

  • We will send a legal letter of claim and our solicitors will pursue your compensation on your behalf

All case reviews are 100% cost and commitment free.

How long do I have to make a claim for medical negligence?

You have three years to make a claim for medical negligence. 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 medical negligence 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 medical negligence claim or court proceedings. 

Persons with a disability, who lack capacity, are not subject to any limitation period.

No Win No Fee Medical Negligence Solicitor

Using a No Win No Fee solicitor is the only way to a successful medical negligence 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 due to the failure to refer to a consultant, and you deserve the compensation to get your life back to normal.

Using a No Win No Fee solicitor

Medical negligence claim against the NHS?

Yes, you can make a medical negligence claim against the NHS. Suing the NHS for negligence is not unusual. People sue the NHS for compensation for medical negligence and receive the money they deserve for the lack of duty of care.

Failure to refer to a consultant negligence is a common occurrence in NHS hospitals and clinics. A doctor’s failure to refer a patient for further tests can result in severe infection developing, damage to bones and joints, delays in treatment, a cancer spreading and death. 

We trust in and use the NHS daily and do not expect negligence. It happens, though, and a ‘Never Event’ such as a doctor’s failure to diagnose is medical negligence, and patients claim compensation for the suffering. 

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 to receive the best medical treatment and may claim compensation when they do not get it. Patients make more than 10,000 successful medical negligence claims against the NHS each year, with amounts in compensation awarded ranging from £1,000 to over £10 million. 

Your No Win No Fee medical negligence team solicitor can handle your compensation claim with NHS Resolution and achieve a successful outcome.

Contact The Medical Negligence Team

Contact the Medical Negligence Team today to discuss your failure to refer to a consultant 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 medical negligence and deserve every penny of the compensation claim. 

Contact us at the Medical Negligence Team for all your medical negligence needs.

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