Why can meningitis misdiagnosis occur, and can you make a negligence claim?

Although rare, meningitis is a serious disease that could lead to death or brain injury if not identified and treated quickly. Unfortunately, meningitis, particularly bacterial meningitis, exhibits symptoms similar to those of illnesses, leading to a misdiagnosis. Often, healthcare professionals incorrectly diagnose it as pneumonia, tonsillitis, flu, or another condition.

A failure to investigate the possibility of meningitis warrants a clinical negligence lawsuit, but many patients are unsure if they can make a claim and how much compensation they would receive. Here, we explain why meningitis can be diagnosed, how to make a negligence claim, who can receive compensation, and how much compensation you can receive.

Why can meningitis be misdiagnosed?

Viral and bacterial are the two common types of meningitis. Viral meningitis is caused by viruses and is less severe. It can often get better on its own in patients with a normal immune system. Bacterial meningitis, on the other hand, is more likely to be fatal, so it is crucial that a doctor performs multiple tests for a correct diagnosis. Meningitis can sometime be misdiagnosed because of:

• Failure to conduct a lumbar puncture or CSF examination
• Failure to perform a CT scan of the head or chest X-ray
• Misinterpretation of meningitis symptoms, test results, x-rays, and scans
• Failure to test cerebrospinal fluid for signs of infection
• A lack of investigation into symptoms of ill health
• Delay in referring you to a specialist
• Delay or failure to administer intravenous antibiotics.

As mentioned earlier, meningitis exhibits similar symptoms to conditions such as strep throat and flu, making it easier for it to be misdiagnosed. Common signs and symptoms include headaches, decreased appetite, dehydration, stiff neck, sleepiness, fever a rash and lethargy.

Do you feel you have been the victim of meningitis misdiagnosis?Find out how we can help here.

What are the possible consequences of meningitis misdiagnosis?

A delay in diagnosis or misdiagnosis increases the chances of death or serious complications such as brain damage, sepsis, organ failure, amputation, and seizures. The disease progresses very quickly, and in many cases, severe effects can develop just a few hours after symptoms start. For example, children with meningococcal meningitis display symptoms in the first 4-6 hours of illness but could be close to death within 24 hours. Therefore, time is of the essence when treating meningitis, and the sooner medication is administered, the better.

Can you make a negligence claim for meningitis misdiagnosis?

If your child or a family member has experienced meningitis misdiagnosis, you can make a negligence claim on their behalf. However, for a case to qualify as negligence, there must have been a delay in diagnosis and treatment that led to further damage that could have been prevented. For example - someone may go to hospital suffering from meningitis symptoms and be misdiagnosed with another condition, leading to a delay in treatment. This can sometimes lead to serious consequences and can sometimes cause severe disability or even death. Consequently, if treatment had been administered earlier, an individual may not have suffered permanent neurological damage or other health issues.

Contact us todayif you believe you have a meningitis negligence claim.

Who can receive compensation?

If evaluation proves that you or your loved one was misdiagnosed or there was a delay in diagnosis, a law firm such as Wake Smith can help you get compensation. The compensation received varies from one case to another, and value is determined by:

• The severity of the damage or injury that may have been otherwise avoided
• Emotional and physical trauma caused
• Associated travel and medical costs
• Whether the injury will have long-lasting effects on the patient.

Read more about the different types of meningitis negligence claims here.

How much compensation could I receive from meningitis misdiagnosis negligence?

The compensation received depends on the extremity of the damage caused to you or your loved one and the factors listed above. Working with a good solicitor will ensure that you get the compensation you deserve, so it is important to get good representation.

Can meningitis claims be made against a private healthcare provider?

Yes. Clinical negligence claims cover all professional healthcare practices, regardless of whether the treatment was private or on the NHS.

How long will a meningitis claim take?

Time taken depends on whether or not the defendant contests the claim. If liability is not admitted, the claim can take two to three years because clinical negligence cases are complex to investigate. If liability is admitted early on, the claim can still take time to resolve because quantifying all the consequential financial losses is time-consuming.

Making a hospital negligence claim for a meningitis misdiagnosis case

To make a medical negligence meningitis misdiagnosis claim, it is always best to seek the advice of expert solicitors. Once you have made your claim, your solicitors will conduct a full investigation into the medical attention and evidence of the misdiagnosis that you received. Your solicitors will be able to use their expert knowledge to guide you through each step of the process to ensure that you receive compensation for any trauma or injury that you incurred.

How Wake Smith can help

We offer a free initial consultation without obligation to discuss your case. We’ll advise you on the steps you need to make during the consultation and even offer financial assistance. If you feel like you have a claim, contact us today for more information on medical and clinical negligence.

Frequently asked questions

When can you claim for meningitis misdiagnosis?

Adults can claim meningitis compensation within three years after the incident. In children’s cases, the three-year period does not commerce until they turn 18.

What are the dangers of a delayed or missed meningitis misdiagnosis?

A delayed or missed meningitis misdiagnosis can be fatal. It can cause brain damage, leading to disabilities and even death.

Are you entitled to compensation for the misdiagnosis of meningitis?

To receive compensation, you must prove beyond reasonable doubt that your injury resulted from a misdiagnosis or a delayed diagnosis.

How much compensation can you get for meningitis misdiagnosis?

Compensation value varies from one case to another. Usually, compensation is determined by the extremity of your injuries, physical and emotional trauma incurred, and associated medical and travel costs.

What does meningitis misdiagnosis involve?

Meningitis misdiagnosis involves failure to investigate symptoms of ill health, failure of a o conduct a lumbar puncture, CT scan of the head, and x rays.

What evidence is needed to claim compensation for meningitis?

To start your meningitis compensation claim, you’ll need to provide your personal details, detailed statements of the incident, including appointment dates and medical professionals who attended to you, test results and results from scans. You should also try and provide witness statements, evidence of financial losses incurred, and a medical report from an independent medical expert.

What are the symptoms of meningitis in babies and young children under the age of five?

Meningitis symptoms in babies and toddlers include fever, irritability, poor feeding, complaints of headache in children, a stiff body with jerky movements, cold hands and feet, and blotchy skin.

How long does it take to get compensation for meningitis negligence?

A meningitis negligence claim can take a minimum of three years to settle, depending on whether the defendant accepts liability or not.

What is the most common form of meningitis?

Viral meningitis is the most common form of meningitis. However, it is less severe than bacterial meningitis, and most people get better on their own.

What are the main meningitis symptoms?

The most common symptoms of meningitis are sudden high fever, a stiff neck, and headache accompanied by nausea and vomiting.

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