Can I Make A Pneumonia Misdiagnosis Claim?

A misdiagnosis of pneumonia can be a life-threatening mistake. We trust that the healthcare providers treating us will spot the signs and diagnose accordingly. So whether it was treatment through the NHS or a private hospital, you might have grounds to seek medical misdiagnosis compensation if they failed via a pneumonia misdiagnosis claim.

Our guide covers a range of topics about the pneumonia misdiagnosis claims process. Starting with who’s eligible to claim, we then look at what compensation can cover and how it is calculated. After this, we give some examples of negligent treatment that might cause a pneumonia misdiagnosis. Everything you need to build your claim is also explained below.

We close the article by discussing how a solicitor from our panel could help. They have decades of expertise with claims like this and can provide their services through a type of No Win No Fee agreement. This can free you from any concerns you may have about working with a solicitor on your pneumonia misdiagnosis claim.

To learn more, please carry on reading the sections below. Or, why not take advantage of a free, no-obligation assessment of your claim right now?

X-ray image of a red area of concern on a patient's lungs.

Frequently Asked Questions

  1. Can I Make A Claim For Pneumonia Misdiagnosis Compensation?
  2. How Much Compensation Can I Get For An Incorrect Pneumonia Diagnosis?
  3. How Negligence Can Lead To A Misdiagnosis Of Pneumonia
  4. The Conditions That May Be Mistaken As Pneumonia
  5. Illnesses That Pneumonia May Be Misdiagnosed As
  6. What Do I Need To Prove My Pneumonia Misdiagnosis Claim?
  7. Is There A Time Limit To Claiming For A Misdiagnosis of Pneumonia?
  8. What Can Medical Negligence Claims Care Help Me With?
  9. More Information

Can I Make A Claim For Pneumonia Misdiagnosis Compensation?

To have a valid pneumonia misdiagnosis claim, there are eligibility criteria you need to meet. You need to show:

  • The medical professional owed you a duty of care.
  • They failed to meet the standards reasonably expected from any other competent professional.
  • Because of this, you suffered avoidable harm and/or unnecessary treatment

These three points define medical negligence.

Any person seeking treatment from the NHS or a private practitioner is automatically owed a duty of care. So if the professional failed to spot pneumonia or recommended incorrect treatment, you could have a claim.

What If I Was Misdiagnosed By An NHS Practitioner?

You can claim if a practitioner in the NHS misdiagnosed you. The NHS has a separate department called NHS Resolution to deal with claims of negligence. If your claim is successful, compensation is paid by the NHS is from these allocated funds. You would not be taking resources away from vital frontline services. Furthermore, a solicitor can still help you with your claim if you wish.

Can I Claim On Behalf Of A Loved One?

You can make a pneumonia misdiagnosis claim on behalf of a loved one by acting as a litigation friend. Usually, this is a family member (or responsible party) who launches the claim for those who cannot do so themselves, such as:

  • Minors (those under 18 years of age).
  • Those without the mental capacity to make an independent claim.

A litigation friend carries out the duties of the claim and makes any decisions that best benefit the claimant. You can contact our advisors to discuss the role of a litigation friend further. Or if you have general questions about making pneumonia misdiagnosis claims, get in touch.

If your loved one died because of a misdiagnosis of pneumonia, you might be eligible to make a claim for medical negligence resulting in death. Please phone an advisor for more information.

How Much Compensation Can I Get For An Incorrect Pneumonia Diagnosis?

The amount of compensation you could get from an incorrect pneumonia diagnosis claim is calculated in two areas, called general and special damages. The first evaluates physical and psychological harm, as well as any long-term disability caused. Special damages are calculated to compensate for the financial harm caused by the misdiagnosis.

Those involved in calculating general damages might look at medical records as a guide. Alongside this, publications like the Judicial College Guidelines (JCG) are consulted. This book provides an index of compensation guidelines for various injuries and illnesses based on their severity.

The amounts shown from the Judicial College Guidelines below are strictly guidelines. Every claim has unique factors that influence the final figure. Our table below illustrates the entries that could relate to pneumonia. The first line is not from the Judicial College Guidelines:

Compensation Guidelines

HARMSEVERITYCOMPENSATION GUIDELINEEXPLANATION
Multiple severe harm and Special Damages Severe Up to £500,000 plusCases of several severe forms of harm and Special Damages for the lost earnings, professional care costs and private medical bills.
Lung Disease(a) Serious £122,850 increasing to £165,860A disability on a young person where there is a progressive worsening and probability of premature death.
(b) Severe £85,460 increasing to £118,790Lung cancer (in an older person) causing impaired function and quality of life as well as severe pain.
(c) Significant £66,890 increasing to £85,460A disease (like emphysema) that causes worsening lung function and impaired breathing.
(d) Breathing difficulties£38,210 increasing to £66,920Issues that require the frequent use of an inhaler and an inability to tolerate smoky environments.
(f) Slight breathlessness£12,990 increasing to £25,380Slight breathlessness with no impact on work capacity and where there's a probability of permanent and substantial recovery within a few years.
Asthma(b) Chronic asthma£32,090 increasing to £52,490Breathing difficulties that require occasional inhaler use and limit capacity to work.
(c) Bronchitis and wheezing£23,430 increasing to £32,090Impact to the person's work and social life but with a substantial recovery within a few years.
(d) Relatively mild£12,990 increasing to £23,430Mild asthma-like symptoms.
(e) Mild asthmaUp to £6,280Mild asthma, chest problems and colds that resolve within a matter of months.

Can I Claim For Financial Losses?

Special damages are the head of loss that deals with financial harm. To include them as part of your pneumonia misdiagnosis claim, you need to put forward documented proof of costs incurred. This can be the following:

  • Any receipts and invoices for private medical care and rehabilitation.
  • Prescription charges and the costs of any medical aids.
  • Poof of the cost of any counselling you needed.
  • Statements or payslips that show an impact on your earnings (now or predicted in the future).
  • The costs of any care provided by professionals, family or friends.
  • Tickets and receipts for essential travel, parking and petrol.

If our panel of solicitors act for you, they can use this evidence to calculate a detailed compensation amount. Alongside general damages, this can ensure a much more thorough claim is put forward. Why not try our medical negligence calculator here for yourself?

What Are Interim Payments?

Interim payments are small portions of the compensation paid out before the claim officially settles. Each request for money is considered individually by the court. They must be reasonable amounts and be for a specific purpose that benefits the claimant, such as urgent private medical care. Once the claim has settled, the total of the interim payments is deducted from the compensation.

Interim payments aim to help a claimant deal with pressing financial issues that may arise while waiting for the claim to settle. If you’d like free guidance on how to request them, speak to our advisory team on the contact options above.

Visual of a medical professional consulting with a patient by their bed.

How Negligence Can Lead To A Misdiagnosis Of Pneumonia

Negligence can lead to a misdiagnosis in a number of ways. Here are some examples:

  • A doctor fails to respond to a patient’s concerns and doesn’t refer them for further testing, such as chest X-rays and blood tests, delaying treatment.
  • A GP’s diagnostic evaluation states the pneumonia as something else (like influenza) and recommends the wrong course of treatment.
  • The medical professional misreads chest X-rays completely and no treatment at all takes place.
  • The patients’ notes are mixed up at the hospital, and this leads to a patient remaining inappropriately diagnosed.
  • A specialist fails to fully read patient notes and doesn’t prescribe the correct antibiotics for pneumonia.
  • Staff failed to foresee pneumonia as a potential complication of another health issue.

Issues such as prescription and medication errors can also be classed as medical negligence. If your healthcare provider failed to act correctly at any point during treatment, speak to our advisors about your pneumonia misdiagnosis claim.

The Conditions That May Be Mistaken As Pneumonia

There are several serious conditions that can be mistaken for pneumonia, and some examples are:

These conditions share some overlapping symptoms with pneumonia. Because of this, a healthcare professional must do everything reasonably possible to identify a condition correctly. However, not every misdiagnosis is negligence, as conditions can change and develop. To check your grounds for a pneumonia misdiagnosis claim, speak to one of our advisors first.

Illnesses That Pneumonia May Be Misdiagnosed As

Other illnesses can be misdiagnosed as pneumonia that are less severe. They could still be grounds for a claim if misdiagnosed in a way that caused harm:

  • Common cold
  • Sinus infections
  • Pleurisy
  • Seasonal bugs and viruses
  • Upper respiratory tract infections
  • Asthma
  • Influenza – The flu can cause breathing difficulties that resemble early pneumonia

Our advisory team are happy to answer any questions you might have about pneumonia misdiagnosis claims. Call to discuss, or you can email. 

Image of stethoscope folded on a desk.

What Do I Need To Prove My Pneumonia Misdiagnosis Claim?

To prove your pneumonia misdiagnosis claim, you need evidence that shows a duty of care was breached. And that this caused you avoidable or unnecessary harm. Therefore, the following is useful:

  • Get copies of your medical records that detail the diagnosis, treatment and prognosis given.
  • Keep all correspondence with the healthcare provider about the misdiagnosis.
  • Take the contact details of any witnesses who saw the doctor negligence or misdiagnosis taking place (like a relative who accompanied you to the GP’s).
  • Keep a personal diary of your symptoms, the treatments given and your emotional state.

If you decide to claim with our panel of solicitors, they’ll help gather this evidence. Medical negligence claims can become complex. So it’s definitely worth taking a moment to see if they could help.

Is There A Time Limit To Claiming For A Misdiagnosis of Pneumonia?

There is a time limit to claiming after a pneumonia misdiagnosis. The Limitation Act 1980 states that there is typically 3 years allowed to start a medical negligence compensation claim. This starts from:

  • The date of medical negligence.
  • The date of knowledge. This is when you could be reasonably expected to connect a breach of duty with the harm suffered.

There are exceptions to this standard time limit for minors and those lacking mental capacity, as we discussed above. Please connect with our advisors for more free guidance on time limits and pneumonia misdiagnosis claims.

A solicitor explaining how pneumonia misdiagnosis claims work to their client.

What Can Medical Negligence Claims Care Help Me With?

A Medical Negligence Claims Care solicitor from our panel could help you in a variety of ways. Firstly, they bring decades of expertise to the claims process. If you choose to place your claim with our panel, you can expect the following excellent services:

  • Help to gather evidence, like reports from medical experts.
  • An accurate calculation of the compensation amount.
  • Expert advice on any settlement offers made.
  • A full explanation of any legal jargon.
  • All deadlines and court requests met on time.
  • The solicitor will also negotiate with the other side to get you the best possible result.

Our panel of solicitors provide legal services through a type of No Win No Fee contract called a Conditional Fee Agreement (CFA). With this in place, you don’t need to pay for your solicitor’s services:

  • Upfront to get started
  • During the claim process
  • If the claim is unsuccessful

Pneumonia misdiagnosis claims that are successful require a success fee for the solicitor working on your case. This fee is a fixed percentage of your compensation as set out by the Conditional Fee Agreements Order 2013. This arrangement means you can expect to receive virtually all of your compensation.

With your claim in safe hands, you have the space and time to concentrate on your recovery. Interested in learning more?

Contact Our Team Of Advisors

More Information

Take a look at some other guides from our website about claiming compensation for medical misdiagnosis:

In addition to this, here are some external resources that might be useful:

In conclusion, thank you for reading this guide. If you need any further guidance or information on making a pneumonia misdiagnosis claim, get in touch with our advisors.