LEGAL EAGLE: Three-year time period when a person can claim for medical negligence

I have concerns about delay in reaching the diagnosis but did not want to raise them because at the time the NHS were dealing with the Covid-19 pandemic, but my future is so uncertain now I am wanting to find out whether there is anything I can do.

I went to hospital after my GP had initially treated me just for infections when I was told that after initial blood tests I would need to undergo further investigations.

I did not receive any follow-up to this and eventually after many months had gone by, chased the hospital who assured me I was in the system and would be hearing from them.

More months went by and only after I chased them on numerous occasions did I receive an appointment for a scan in the early part of 2022. It was after the scans and further investigations that I received my diagnosis. I am not sure if I have left it too late to do anything about this?

I am very sorry to hear about your diagnosis.

There is a three-year time period when a person can claim for medical negligence, which starts from the date when you ought to have known that there had been a failure causing injury. This would run from the date of your diagnosis so it is likely you are still within time.

It is true that care was limited in the NHS in the early stages of the pandemic, but this should not have impacted on you undergoing necessary investigations.

Failures to investigate potential cancer would on the face of it give rise to possible arguments of negligence. There is a prospect that earlier investigation resulting in an earlier diagnosis may have prevented you suffering unduly and may have restricted the extent of treatment you have needed and are continuing to undergo and may of course also have affected the outcome for you in the future.

If you are contemplating investigating a claim due to unacceptable delay in investigating your symptoms, you should contact solicitors who hold appropriate specialist accreditation in clinical negligence such as with the Law Society. We hold such accreditation at Ben Hoare Bell LLP and the clinical negligence team can be contacted on 0191 565 3112 or [email protected]. Visit www.benhoarebell.co.uk for further information.