If you want to see whether you’re eligible to make a misdiagnosed heart attack claim, the advisors at Medical Negligence Claims Care can help. Being misdiagnosed can mean you were either diagnosed incorrectly or that your heart attack was mistaken for another condition. Either way, a misdiagnosis can lead to serious consequences on a physical, mental, and financial basis.
Our panel of medical negligence solicitors have supported numerous claimants through medical misdiagnosis claims and could help you receive the compensation you deserve. It will cost you nothing to speak to an advisor today and find out if you could claim for a misdiagnosed heart condition. Pick your preferred contact method to get in touch.
- Call via 0113 460 1216.
- Use our contact form to add your details.
Frequently Asked Questions
- Can I Make A Misdiagnosed Heart Attack Compensation Claim?
- What Compensation Could I Get For A Heart Attack Misdiagnosis?
- Why Are Women’s Heart Attacks More Likely To Be Misdiagnosed Than Men’s?
- How Can Negligence Cause A Heart Attack To Be Incorrectly Diagnosed
- How To Begin A Heart Attack Misdiagnosis Claim
- Can I Make A Heart Attack Claim On A No Win No Fee Basis?
- Frequently Asked Questions
- More Information
Can I Make A Misdiagnosed Heart Attack Compensation Claim?
The criteria for pursuing a medical negligence claim due to a heart attack misdiagnosis are:
- A healthcare professional owed you a duty of care.
- This duty of care was breached by the medical professional responsible for your care.
- You suffered avoidable or unnecessary harm because of this.
In healthcare, a duty of care means that a medical professional must provide care to the expected standard. This includes listening to the patient and carrying out further testing where necessary. If this did not happen and you sustained harm unnecessarily because of it, you could be eligible to make a heart attack misdiagnosis claim.
Can I Claim If My Condition Was Incorrectly Diagnosed As A Heart Attack?
If you suffered avoidable or unnecessary harm due to your condition being incorrectly diagnosed, there’s a high probability you can pursue a claim. For example, if you were misdiagnosed as having a heart attack but instead were experiencing a pulmonary embolism that you then suffered permanent heart damage from, this would likely be considered avoidable harm.
Claiming On Behalf Of A Loved One
If you wish to claim on behalf of a loved one who is unable to manage a claim themselves, you can become a litigation friend. This means you will represent the person claiming. Any suitable adult can be appointed as a litigation friend. Part of the role’s duties include ensuring that the patient’s wishes are considered and handling correspondence with their solicitor.
Fatal Heart Attack Misdiagnosis
If a loved one died due to a heart attack misdiagnosis, you may be able to claim compensation. Under the Law Reform (Miscellaneous Provisions Act) 1934, the estate of the deceased can claim compensation for the deceased’s pain and suffering. The estate can also claim for financial losses the deceased may have suffered as a result of their misdiagnosis. There is a 6-month time limit to claim under this act, and during this time, the estate is the only party that can claim.
Alternatively, dependents of the deceased can claim for how the deceased’s death has affected them under the Fatal Accidents Act 1976. They can do this 6 months after their loved one’s death. However, the estate can claim on their behalf.
If you have questions about eligibility or any of the topics discussed in this section of the guide, contact our advisors today. They can assess whether you have good grounds to claim for a misdiagnosed heart attack and if you do, help you get started today.
What Compensation Could I Get For A Heart Attack Misdiagnosis?
As stated in the Judicial College Guidelines (JCG), you could receive between £122,850 to £183,190 for severe chest injuries due to a misdiagnosed heart attack. The JCG is a legal document containing guideline compensation figures for different types of harm and injuries. However, there are other factors to consider when claiming.
Settlements could consist of up to 2 heads of loss:
- General damages, which are awarded to compensate for your pain and suffering. This head of loss will consider the nature of the harm, severity, prognosis as well as the impact on your ability to enjoy life (known as loss of anemity). For example, if prior to being misdiagnosed you enjoyed long distance running but no longer can participate in that activity, this loss of enjoyment will be considered under general damages.
- Special damages, which are awarded to compensate for the out-of-pocket expenses related to the misdiagnosis. This head of loss will consider your loss of earnings, including workplace benefits, such as pension payments. It’ll also consider whether you can return to work in the same capacity as before. Additionally, if you have any medical expenses, those would come under special damages as well as home adaptations to cope with a new disability. Furthermore, you can also claim back any money spent on care (whether professional or done by friends and family) and help with domestic duties (such as paying for a housekeeper while you recovered). To recover special damages, you will need to present documentation of your losses, such as payslips and invoices.
Compensation Table
The table below looks at a few figures from the JCG to help you get a general idea of how your compensation could be calculated. We’ve also included a figure in the first row (not from the JCG) to show you how multiple types of harm, and/or very severe harm, as well as special damages, would affect your settlement.
| TYPE OF INJURY | SEVERITY | GUIDELINE COMPENSATION | NOTES |
|---|---|---|---|
| Multiple Severe Injuries | Severe | Up to £500,000+ | As described with special damages like lost earnings. |
| Chest Injuries | a) | £122,850 to £183,190 | Significant heart damage or removal of a lung. |
| b) | £80,240 to £122,850 | Traumatic injury to chest and lungs causing heart damage. | |
| c) | £38,210 to £66,920 | Damage to chest and lungs causing ongoing disability. | |
| Lung Injuries | a) | £122,850 to £165,860 | Probability of progressive worsening leading to an early death. |
| c) | £66,890 to £85,460 | Worsening lung function and impairment on breathing, usually due to disease. | |
| General Psychiatric Damage | Severe | £66,920 to £141,240 | Compensation will depend on how the affected person copes with life and future prognosis. |
| Moderately Severe | £23,270 to £66,920 | As above with a more positive prognosis expected. | |
| Post-Traumatic Stress Disorder | Severe | £73,050 to £122,850 | The affected person cannot function at a pre-trauma level in any aspect of their life. |
| Moderately Severe | £28,250 to £73,050 | The affected person's life is significantly hindered but a more positive prognosis than above is expected. |
The figures in the above table should be used as guidance. If you would like to know more about the JCG or compensation in general, please contact our advisors. They can also estimate how much compensation you could claim for a misdiagnosed heart attack and advise you on the evidence you would need to recover your expenses.
Why Are Women’s Heart Attacks More Likely To Be Misdiagnosed Than Men’s?
There are various reasons why women are more likely than men to be misdiagnosed. These include:
- Women are delaying seeking medical attention after the onset of symptoms. For example, due to having been previously dismissed by medical professionals, or for believing that they are suffering an anxiety attack.
- Risk factors related to heart conditions may be more deadly for women, but these are not considered.
- Unawareness of the symptoms, either by the patient or medical professionals.
- Dismissing the importance of the signs and symptoms of a heart attack. For example, a triage nurse writing chest pains as indigestion in a patient’s notes when they present at A&E.
If you are experiencing permanent heart damage from your heart attack being left untreated for too long, reach out to see if you could claim today.
How Can Negligence Cause A Heart Attack To Be Incorrectly Diagnosed
It is a medical professional’s duty of care to provide care to the expected standard. Some examples of medical negligence that may lead to a heart attack being initially misdiagnosed are:
- The patient presents with classic signs and symptoms related to a heart attack, but the patient is not listened to by medical professionals and is diagnosed with anxiety.
- The proper tests to see if a heart attack is happening are not carried out despite the patient showing symptoms.
- The tests are carried out, but the results are misinterpreted.
- A patient attends emergency care but is sent home after having their symptoms dismissed.
There are other ways medical negligence can occur. Contact our advisors today to see if your situation would be considered negligence.
How To Begin A Heart Attack Misdiagnosis Claim
You can find the relevant time limit for making a medical negligence claim, as well as the evidence required, in this section.
Time Limits
Under the Limitation Act 1980, you have 3 years to pursue a medical negligence claim due to a misdiagnosed heart attack. This 3-year period begins either on the date the negligence occurred or from the date you realised negligence happened. The latter is known as the date of knowledge.
There are 2 instances where this 3-year limit does not apply:
- If the patient is under 18. In this case, no time limit applies until the patient turns 18 because children cannot manage their own claim. The time limit ends on the patient’s 21st birthday.
- If the patient lacks mental capacity to claim, then the Limitation Act pauses the time limit altogether. No time limit is applicable in this situation unless capacity is regained, and then the 3-year time limit begins again.
In either case, a litigation friend can be appointed to act on behalf of the harmed party.
Evidence
Medical negligence can be difficult to prove, so evidence is vital to support your claim. For a heart attack misdiagnosis claim, you will need to prove that a breach of duty caused you to suffer unnecessarily. The following examples of evidence may be beneficial:
- Your full medical records, showing all treatment you received and your eventual diagnosis, as well as whether you suffered any psychological harm like post-traumatic stress disorder.
- Any test results.
- Contact details of witnesses to your treatment. For example, if your partner took you to A&E. A solicitor can interview them a later date.
- Any correspondence between yourself and where you were treated.
- Copies of any medicines you take or prescription forms.
- A personal diary detailing your symptoms and recovery.
Questions about evidence or want to know whether you’re within the time limit to claim? Get in touch with an advisor who can help you out.
Can I Make A Heart Attack Claim On A No Win No Fee Basis?
You can claim on a No Win No Fee basis with our panel of medical negligence solicitors via a Conditional Fee Agreement. Claiming with a No Fee No Win agreement is beneficial if you are already struggling financially. As part of your No Win No Fee agreement:
- Your solicitor won’t take their fee when they agree to support your claim.
- They also won’t ask for any fees to cover the work that they carry out on it as it is ongoing.
- There won’t be any fees to pay for your solicitor’s services if your claim is not successful.
- Instead, you only pay solicitor’s fees if you receive compensation for a misdiagnosed heart attack. These fees are capped at 25% by the law.
Contact Our Expert Advisors
We hope our guide has answered your questions regarding misdiagnosed heart attack claims. Use the contact methods linked below to see if you could claim compensation – it’s completely free to do so.
- Call via 0113 460 1216.
- Use our contact form to add your details.
Frequently Asked Questions
We’ve provided the answers to some commonly asked questions below.
What Could Result In A Heart Attack Happening?
Per the NHS, a heart attack occurs when the heart’s blood supply is interrupted, often due to a blood clot blocking the blood supply in the coronary artery. Without blood, the heart muscles become progressively more damaged. For example, due to a buildup of hardened fat.
The Different Types Of Heart Attacks
2 main kinds of heart attack exist: STEMI and NSTEMI.
- STEMI: An ST-segment elevation myocardial infarction is the more severe kind of heart attack and means your coronary artery is completely blocked.
- NSTEMI: A non-ST-segment elevation myocardial infarction is less severe, but can turn into a STEMI if not treated within enough time. The coronary artery is only partially blocked with an NSTEMI.
The Symptoms Of A Heart Attack
The main symptoms of a heart attack are:
- Chest pain.
- Pain in other parts of your body, particularly the left arm and jaw.
- Shortness of breath.
- Nausea and acid reflux.
- Cold sweats.
- Coughing and wheezing.
- Feeling dizzy.
How Are Heart Attacks Treated
The proper treatment for heart attacks depends on the type of heart attack and when your symptoms began.
STEMI
- To treat a STEMI that began within the last 12 hours, you are offered a coronary angiography and primary percutaneous coronary intervention. In certain cases, medicine to break down blood clots is offered instead.
- If your symptoms started over 12 hours ago, you may be offered bypass surgery in addition to medicine and a primary percutaneous coronary intervention.
- If you cannot have a primary percutaneous coronary intervention, you could be given antiplatelet medicine.
NSTEMI
-
- For an NSTEMI, medicine to prevent blood clots, including aspirin, is usually given. A coronary angiography and coronary artery bypass graft may also be offered after these medicines have been taken.
Who Are Most At Risk Of A Heart Attack?
Risk factors for a heart attack include:
- Being over 45 for men, or 55 for women.
- Being overweight or obese.
- Smoking.
- Diabetes.
- High blood pressure.
- A family history of heart issues.
The Consequences Of A Misdiagnosed Heart Attack
Physical consequences of a heart attack include:
- Permanent heart damage.
- Heart failure.
- An increased risk of heart attacks in the future.
Mental consequences include post-traumatic stress disorder and psychological conditions such as anxiety and depression.
Contact our team of advisors today if you think you suffered avoidable harm due to a heart attack misdiagnosis.
More Information
Discover some more of our guides below.
- See how to claim for medical negligence in private hospitals.
- Read our advice on making a doctor negligence claim.
- Find out how to claim if you’ve undergone unnecessary surgery.
The links below will take you to external sources that contain relevant information.
- Find a hospital to check quality of care via CQC.ORG.UK.
- See the duties of a doctor registered with the General Medical Council via GMC-UK.ORG.
- Discover annual statistics from 2024 via NHS RESOLUTION.
Thank you for reading our guide about claims for misdiagnosed heart attacks.