Misdiagnosis By Video Examination Negligence Claims Guide & Compensation Experts

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I Was Misdiagnosed By Video Examination By A Doctor Or GP, Could I Claim Compensation?

As you may well be aware, getting an appointment with a GP can take longer than it used to, and while the COVID-19 pandemic is ongoing, changes have had to be made regarding the way surgeries operate. Therefore, many doctors offer telephone or video consultations instead of face to face appointments. They’re a great way of saving patients from having to travel in to see the doctor and they can reduce the spread of viruses as there’s no mingling in the waiting room. But what if a video appointment goes wrong? This guide sets out to look at what you can do if you’re misdiagnosed by video examination by a doctor or GP. We’ll consider the types of mistakes that can happen, when they could happen and if you might be entitled to compensation.

Misdiagnosed by video examination medical negligence

Misdiagnosed by video examination medical negligence

If you are thinking of claiming, Legal Expert can support you. Our advisors will assess any claim in a no-obligation telephone consultation. They’ll look at how you were misdiagnosed and what suffering was caused. If there’s a reasonable chance your claim could be won, you’ll be referred to a specialist No Win No Fee medical negligence solicitor from our panel.

You can either start your claim right away by calling 0800 073 8804 now, or you can continue reading to find out more about how to sue a doctor over a misdiagnosis.

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A Guide To Claims If Misdiagnosed By Video Examination By A GP Or Doctor

Modern technology along with faster broadband speeds provide us with a lot of benefits. Many have proven crucial during the Coronavirus lockdown. Being able to work from home has helped keep many businesses functional and doctors have been able to reduce the number of patients they see face to face because they’re able to offer video examinations.

The principle of a video consultation is that you receive the same service as you would when you visit your GP’s surgery. However, do they work as well, and can they go wrong? During our guide, we’re going to review these questions and find out if a doctor’s negligence could entitle you to seek compensation.

Proving this type of negligence can require quite complex evidence. This is one of the reasons we suggest you have an experienced lawyer working with you. They’ll be able to advise what evidence is required to prove the true extent of you suffering if you’re misdiagnosed by a GP.

We advise that you try and begin your claim as quickly as possible. It’s so much easier to recall what happened in the days and weeks following your appointment than it is if you wait for a few months. Starting sooner also allows your solicitor more time to carry out the many tasks they need to complete before they submit a claim.

There is also a medical negligence claims time limit to consider. Just like in personal injury claims, this is a 3-year period which either starts from the date of the appointment or from the date you found out that negligence had caused you to suffer.

After you’ve read this guide, please reach out to us if there are any outstanding queries or if you’d like to start a claim.

What Are Video Examinations By Doctors Or GP’s?

A video examination by your GP can be considered a virtual examination. The idea is that you get exactly the same experience as you would when you visit a GP, but it’s conducted using the camera on a phone, tablet or computer. The way the appointment is conducted should be exactly the same as an in-person appointment and the results of the examination should be the same.

What Happens During A Video Consultation?

Prior to video consultation, there may be an online form to fill in so that the doctor already has some of the information they need about your symptoms. Following that, a video call will be started, and you’ll see the doctor on your screen. At this point, you’ll be asked questions about your symptoms in the same way as a normal appointment. The doctor will have access to your medical records, as usual, so they’ll be able to check if there’s any history of similar illnesses.

When the doctor has finished, they may offer a prescription. If so, you’ll be told how you can collect your medication and how you should take it.

What Do I Need To Have A Video Consultation?

It’s important that the video consultation is carried out in the correct conditions, especially if the doctor needs to see any physical symptoms. To participate in a video examination, you’ll need:

  • An internet connection (either broadband or mobile data).
  • A tablet, PC or smartphone with a camera and microphone.
  • A private space that is well lit and quiet so the doctor can see and hear you properly.

If the consultation fails, the doctor will call you to try again or to arrange a telephone consultation.

What Are The Limitations Of Video Examinations?

Research by Imperial College London has suggested that the main disadvantage of video examinations is that there is no possibility of a physical examination to be conducted. That leads the researchers to the conclusion that the video consultation could lead to an increase in misdiagnosis where physical examinations aren’t possible.

What Is GP Or Doctor Misdiagnosis?

Medical negligence or misdiagnosis by a GP happens when they have failed to fulfil their duty of care towards the patient. That means they need to use reasonable caution when prescribing or administering treatments, giving medical advice or diagnosing conditions.

If it can be shown that a competent GP would’ve acted differently in the same scenario, then it could be shown that the GP has breached their duty of care and acted negligently and this might lead to a compensation claim. Please discuss what happened in your case with a member of our team to see if we could help you make a claim.

How Should Doctors Or GP’s Conduct Video Examinations And Consultations?

To make a video consultation as successful as possible, there are a number of steps that the GP can take. They include:

  • Providing the patient with advice on how the video call will work.
  • Making sure that the GP is comfortable with video software.
  • Explaining what will happen at the beginning of the call.
  • Making it clear when the doctor wants to speak and not relying on visual signals which might be difficult to see on a screen.
  • Checking that the patient understands what’s been said.

How Misdiagnosis By A Doctor Or GP Could Happen Over A Video Call

There are several ways in which being misdiagnosed by a GP could happen on a video call. The first is that, as mentioned earlier, a lack of physical contact could make diagnosing some injuries harder and lead to a misdiagnosis.

It’s also possible that if the doctor doesn’t have access to all of their patient’s medical records, because they’re working from home, for instance, they could misdiagnose a condition because they have to rely solely on what they see on the screen.

Finally, where a doctor is unsure of what condition the patient is suffering from, it’s possible they might prescribe unneeded antibiotics. This goes against the national policy which is trying to reduce antimicrobial resistance.

Types Of Doctor Or GP Negligence Which Could Happen During A Video Examination

Regardless of whether a doctor carries out an examination online or face to face, there are a number of ways in which a misdiagnosis could affect a patient. They include:

  • If the doctor diagnoses an incorrect illness, the patient could be given incorrect medication that could have an adverse effect.
  • When the doctor fails to refer the patient to a specialist because they’ve misread the symptoms, the patient’s illness or disease could worsen. This could be the situation in misdiagnosed cancer cases.
  • Where the doctor tells the patient that nothing’s wrong, but they suffer more until the condition is correctly diagnosed at a later date.

If you believe that you’ve suffered a misdiagnosis by your GP and would like us to review your claim, please let an advisor know what happened at your appointment.

Other Concerns About Video Examinations Which Have Been Highlighted

The Imperial College research we linked to earlier raised a number of concerns about video consultations, including:

  • The importance of identifying the patient correctly before prescribing medication.
  • Safeguarding issues around children including proving their relationship with accompanying adults.
  • Private companies offering video consultations don’t have access to NHS records so may not be aware of problems such as allergies.
  • There is a risk of an increased burden on NHS secondary care because patients could bypass the GP interaction.

Claims If Misdiagnosed By Video Examination By An NHS GP

If you receive a misdiagnosis or experience medical negligence by an NHS doctor, it’s possible that you’ll be able to make a claim against the individual doctor, the surgery they work for or the local NHS trust.

If you’re unsure how to proceed, please get in touch with our specialist team so they can review what happened and advise you on what steps you’ll need to take next.

Claims If Misdiagnosed By Video Examination By A Private Doctor Or GP

In the case that you’re misdiagnosed by a private doctor, you could raise a claim against them or the company who sold you their service. This can include doctors who operate on behalf of medical websites.

Where possible, it’s advisable to keep a record of the doctor’s name, the appointment date and time and what advice you were given. Then you should make contact with us so that we can investigate whether you’ll be eligible to claim or not.

Compensation Calculator If Misdiagnosed By Video Examination By A Doctor Or GP

This section is going to look at what compensation might be paid for certain injuries. As there are so many ways in which you could be affected, it’s difficult to detail all scenarios here. What we’ve done, therefore, is to provide a table below with some example compensation figures from the guidelines of the Judicial College. They review compensation awards made by the courts which allow settlement figures to be calculated. Even if you don’t see your injury in the list, we could still help you claim. When you speak to an advisor, they’ll tell you the amount of compensation that could be possible.

Type of Claim Severity Compensation Additional Comments
Anguish £4,380 If a misdiagnosis causes the death of the patient, a payment for mental anguish could be made if it caused them to fear for their lives.
Allergic Reaction Serious £8,950 to £18,020 Where the patient suffers a short-lived allergic reaction after being given the incorrect medication. Symptoms will generally lessen over a 2 to 4 week period but longer-term suffering could result in higher payments.
Kidney Serious £158,970 to £197,480 Where a misdiagnosis causes the loss of both kidneys or permanent and serious damage to both.
Arms Fracture £6,190 to £18,020 This bracket covers simple fractures of the forearm and could be claimed if the GP diagnosed bruising rather than referring for an x-ray.
Feet Moderate £12,900 to £23,460 Compensation awarded for displaced metatarsal fractures leading to a permanent deformity.

To prove how serious your injuries and suffering were, your solicitor will make an appointment for a local medical assessment to be conducted. The specialist will write a report showing what injuries were sustained, how they have affected you and whether you will suffer any long-term disability as a result.

Special Damages In Medical Misdiagnosis Claims

Like in personal injury claims, there are usually two different parts to a medical negligence settlement. The first, called general damages, cover the pain, suffering and loss of amenity caused by the misdiagnosis. The table in the previous section listed general damages figures.

The next part of your claim is called special damages. These aim to restore you to the same point, financially, as you were prior to the GP’s mistake. That means you could ask for any costs incurred as a result of the medical misdiagnosis during your lockdown video consultation.

Your claim could include:

  • Medical Expenses. Any GP negligence could mean you need treatment to resolve any issues caused. While you’ll normally receive that treatment for free, you might need to pay for prescriptions and other medicines. That could mean you’re allowed to claim for those costs.
  • Care Costs. If the misdiagnosis means you need to be cared for while getting better, you might be able to claim for any linked costs. That may include a professional carer but it’s more likely that you’d want to calculate an hourly rate for a friend or family member who supported you.
  • Lost Income. Taking time off work to recover can be costly if your employer doesn’t pay full sick pay. If that’s true, you could ask for lost earnings to be paid within your compensation.
  • Travel Expenses. When you attend medical appointments or collect prescriptions, you could end up paying for fuel and parking. These travel-related costs could be claimed too.
  • Future Lost Income. If your misdiagnosed illness leads to long-term suffering, which means your capacity to work is reduced, there’s a possibility you could ask for future losses in income to be considered.

An advisor will explain what you could claim for once your case has been reviewed.

No Win No Fee Claims For Misdiagnosis By GP Video Examination

If you’re thinking about suing your GP, there’s a high chance you’re concerned about the costs involved. Well, you needn’t worry too much because our experienced team of solicitors provides a No Win No Fee solution for all claims which they take on. That should remove a lot of worry and financial risk from the claims process for you.

To be able to offer such a service, the solicitor will need to check the viability of the claim prior to starting. Once your misdiagnosis claim has been reviewed, your solicitor will give you a Conditional Fee Agreement to sign (or CFA). 

The CFA, used to fund your claim, provides some security and benefits such as:

  • You will not be expected to make any upfront payment. That allows the claim to commence almost immediately.
  • There won’t be any solicitor’s fees payable as the claim continues.
  • You won’t be liable for any of your solicitor’s fees at all in the event the claim fails.

There will be a ‘success fee’ to pay if the claim is won. This is used to cover the solicitor’s time and costs and is a small portion of any compensation award. For clarity, the success fee is outlined in the CFA which means you’ll know how much you’ll pay at the start of the claim. Importantly, success fees are limited by law.

Let us review your claim today and your advisor will check if you’re able to use our No Win No Fee service.

Why Choose Us To Claim Against A Doctor Or GP?

Legal Expert specialises in helping people make personal injury and medical negligence claims. We hope the information provided in this guide has shown that and you’re thinking of letting us support your claim. Here are some more details about how we work:

  • There is no charge for our advice, even if you don’t make a claim.
  • You’ll receive a no-obligation assessment of any claim.
  • Our panel of solicitors has been dealing with medical negligence and personal injury claims for over 30-years.
  • During the claim, your solicitor is available to deal with any queries you might have. They’ll provide updates about the case progress as well.
  • Your solicitor’s main aim will be to achieve the maximum amount of compensation award for your suffering.

Get in touch today if there’s anything else you’d like to know.

Start Your Claim

We hope that we’ve shown you that if you are misdiagnosed by video examination by a doctor or GP, you could make a claim if their mistake has caused you to suffer. If you’d like to let Legal Expert take care of the claim, here are the best methods of asking us:

  • Call us on 0800 073 8804 to receive free claims advice from a specialist.
  • Explain what happened and how you suffered via the online chat feature.
  • Ask us to arrange a call back at a suitable time by filling out our claims form.
  • Email details of what went wrong with the video consultation to info@legalexpert.co.uk.

To make the process as straightforward as possible, one of our advisors will check your claim with you before a solicitor is involved. They’ll review the claim, for free, and provide advice on your next steps. If there is a good chance of success, you’ll be transferred to a medical negligence solicitor from our specialist panel. So that you don’t need to worry about the cost of claiming, if your claim is taken on, it will be dealt with on a No Win No Fee basis.

Essential References

We’ve arrived at the last section of our guide about claiming after being misdiagnosed by video examination by a Doctor or GP. We aimed to provide you with as much information as required to let you decide if you’d proceed with a claim. To provide extra assistance, there are some further guides and resources listed below:

Claiming Against A Pharmacy – Information about when you may be able to claim against a pharmacy because you were given incorrect medication.

Hospital Negligence Claims – Detailed advice on when a claim for hospital negligence might be possible.

GP Negligence – Advice on making a claim for negligence in a normal GP appointment which has caused you to suffer.

The Medical Register – A list of doctors in the UK containing details of their training and current status.

Coronavirus (COVID-19) – The latest information from the government regarding Coronavirus and what restrictions are in place at the moment.

Online GP Services – NHS services where you can review your medical records, order repeat prescriptions and book appointments.

Other Useful Compensation Guides

Guide by Hambridge

Edited by Billing

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    • Patrick Mallon

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.

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