Claim compensation for misdiagnosed meningitis

If you or a loved one have suffered due to misdiagnosed meningitis, you may be entitled to make a medical negligence compensation claim.

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Misdiagnosed Meningitis Claims

Diagnosing and treating meningitis as quickly as possible is vital to secure the best prognosis for the patient. Failure to do so can result in permanent physical and mental disabilities. In the most serious cases, misdiagnosed meningitis can even be fatal.

If you or a loved one have suffered avoidable harm in similar circumstances, you may be eligible to make a misdiagnosed meningitis claim.

Receiving compensation for meningitis can help ease any financial burden during the recovery process and any long-term or permanent health conditions. Furthermore, it will cover the pain and suffering caused and the impact on your daily life.

To find out if you are entitled to make a compensation claim, do not hesitate to contact us for a free case assessment. You can call 0800 470 0474 at your convenience or enter your details here to request a call back.

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By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.

Table of Contents

What is meningitis?

Meningitis is a medical condition that affects the protective membranes of the brain and spinal cord, known as the meninges. It can affect all people, but young children and those with weakened immune systems are particularly at risk.

The meninges consist of three membranes: the pia mater, the dura mater, and the arachnoid matter. Their function is to protect the central nervous system.

So, when meningitis occurs, it can put the patient in a critical condition, with significant risks to their health and life. This can be due to infection of the protective membranes by bacteria, viruses, and parasites, as well as non-infectious causes like certain medications or autoimmune disorders.

Meningitis is treated as a medical emergency as the risk of fatality is elevated if the condition is not urgently and appropriately treated. Delays in the receipt of treatment can lead to permanent injury, the need for amputation or, at worst, the loss of life.

Am I eligible to make a meningitis negligence claim?

If you or a loved one have suffered from meningitis and have been left with injuries that could have been avoided through proper medical care, you may be eligible for compensation.

A medical negligence solicitor can let you know if you have a valid case by determining whether:

You were owed a duty of care. This is generally true, as all healthcare providers must provide treatment that meets an acceptable standard of medical practice.
There was a breach of duty. A breach occurs when a medical professional fails to meet the standard of care expected of them. In the context of meningitis diagnosis, this could involve a failure to recognise symptoms or misinterpreting test results.
There’s causation. This means proving that the breach of duty directly caused harm to you. You must demonstrate that the delay or failure in diagnosing meningitis led to your injuries or worsened your condition.
There are damages. Damages refer to the physical, emotional, and financial harm caused by the medical misdiagnosis, such as pain and loss of amenities.

If these elements can be established, your solicitor will help you get started with the claims process. You can read more about this in the sections below.

How do I make a claim for medical negligence?

To make a successful clinical negligence claim for the delayed diagnosis of meningitis, you should follow these steps:

Seek legal advice

Contact a meningitis negligence claims solicitor to assess the merits of your case. They will explain your legal rights and whether you’re likely to succeed.

Collect evidence

Gather all relevant evidence to support your medical negligence claim, including:

Medical records that document your symptoms, appointments, tests and treatments.
Expert testimony from independent specialists who can confirm that the care you received fell below the acceptable standard.
Your testimony regarding your symptoms and how the delayed diagnosis and treatment have affected your life.
Statements from family members, carers or others who observed your condition and the impact of the misdiagnosis.
Proof of any financial losses, such as lost earnings, medical expenses, or care costs.

Your solicitor will help you collect the necessary evidence.

File a letter of claim

Your personal injury lawyer will send a letter of claim to the defendant outlining the details of your case and the compensation you seek. They have three months to investigate and respond to your claim.

Negotiations

Once the defendant responds, your solicitor will negotiate on your behalf. Many cases (more than 96%) are resolved at this stage without going to court.

Court proceedings

If the other party denies liability or you cannot settle, your solicitor will issue court proceedings. During the court trial, a judge will review the evidence and determine whether negligence occurred and the amount of compensation you are owed.

Compensation

If your claim is successful, you will typically receive your payment within four weeks. This will cover your pain, suffering, financial losses, and future care needs.

What symptoms of meningitis should doctors recognise?

Meningitis is a severe and potentially life-threatening condition, and prompt treatment is essential for the best prognosis. However, its symptoms can be difficult to diagnose in the earliest stages, as they can be subtle or resemble other conditions.

In most cases, early symptoms of meningitis are similar to those of the flu. However, as the condition develops, more symptoms become apparent, and the patient can become critically ill within hours.

Early symptoms of the condition that doctors should be aware of include:

A high fever that often starts suddenly and is accompanied by chills
Nausea and vomiting
A stiff neck is one of the first physical signs of meningitis
Muscular or joint aches and pains
Severe and persistent headaches
High temperatures but often with cold hands and feet
Sensitivity to light
Inability to concentrate, fatigue and drowsiness

You can also develop a rash that will not fade under pressure. This can start as a few small spots on any body part but then spread quickly over other parts. A meningitis rash can be a sign of sepsis, which is life-threatening.

The symptoms may be harder to spot in infants and young children. These could include poor feeding, vomiting, high-pitched crying, lethargy, and a bulging soft spot on top of the head.

How can meningitis be misdiagnosed?

A delayed or missed meningitis diagnosis can be due to various causes, including a failure to:

Carry out a thorough investigation of symptoms
Make a specialist referral
Order diagnostic tests such as a chest X-ray or CT scan of the head
Conduct a lumbar puncture
Examine the cerebrospinal fluid (CSF) for signs of infection
Correctly interpret symptoms, scans or blood test results
Hospitalise and monitor a patient with a high fever, especially a child
Consider sepsis in conjunction with meningitis
Administer intravenous antibiotics promptly

If you or a loved one suffered due to a medical negligence case of meningitis misdiagnosis, you may be eligible to claim compensation.

What can be the consequences of misdiagnosed meningitis?

In many cases, meningitis does not present obvious symptoms to begin with, and it can be mistaken for a less severe condition, such as the flu. However, without early diagnosis and treatment, it can quickly worsen and lead to complications, such as:

Chronic pain and fatigue;
Partial or complete hearing loss caused by damage to auditory nerves or structures in the inner ear;
Long-term brain damage, leading to memory problems, difficulty concentrating, and learning disabilities;
Recurrent seizures, which can persist even after recovery;
Stroke due to blood vessel damage or blockage caused by inflammation of the meninges;
Muscle weakness, paralysis, or coordination problems due to nerve damage or brain injury;
Developmental delays in children, such as speech, motor, and social skills deficits;
The need for amputation due to tissue death caused by severe sepsis associated with meningococcal meningitis;
If bacteria enter the bloodstream, it can lead to sepsis and damage to vital organs such as the heart, liver or kidneys;
Recovering patients may also experience emotional and psychological trauma due to the severity of their illness and symptoms.

In the most severe cases, failure to recognise the symptoms of meningitis and provide adequate treatment can lead to loss of life.

What treatments are available for meningitis?

The two most common types of meningitis are viral and bacterial. Viral meningitis is less severe, and it often gets better on its own in healthy patients. Bacterial meningitis is the most common and likely to cause life-threatening complications.

All cases of bacterial meningitis should be treated in hospital. Treatment of meningitis could include:

Antibiotics, which are usually needed intravenously;
Oxygen therapy for patients who struggle to breathe. In the most severe cases, the oxygen will be administered through a tube which is inserted into the trachea;
Corticosteroids, when the inflammation causes pressure in the brain;
Painkillers to address headaches and general aches;
Intravenous fluids to prevent dehydration;
Sedatives may be given to patients who are unable to relax or rest with ease.

The above list is by no means exhaustive, and many other additional treatments, therapies and recovery methods may be needed. Medical staff are responsible for assessing patients thoroughly to determine their care needs and promptly provide necessary treatment.

Failure to do so may amount to clinical negligence and may lead to a claim for meningitis compensation.

Can I make a meningitis compensation claim on behalf of my child?

If your child suffered due to meningitis misdiagnosis, you could make a claim on their behalf. To represent them, you must first apply to the court to be named as their litigation friend.

Children under 18 cannot make a legal claim themselves. As their litigation friend, it is your duty to act in their best interests and pursue the meningitis compensation claim on their behalf.

If you are successful, you must go to a court hearing for a judge to approve the settlement. Once approved, the money will be kept in a court bank account and released to the child on their 18th birthday. Your solicitor can also help set up a personal injury trust in their name.

Claims for wrongful death caused by meningitis misdiagnosis

Unfortunately, without quick treatment, meningitis can sometimes be fatal, especially in vulnerable patients. If you lost a loved one due to a delayed diagnosis or poor treatment of meningitis, you may be eligible to make a claim for wrongful death.

Under the Fatal Accidents Act 1976, you could receive compensation for:

The loss of income and other financial support provided by your loved one;
The services they provided, such as childcare and housekeeping;
Reasonable funeral expenses, such as wreaths and transporting the body to the grave;
The pain, suffering and financial losses they incurred between the missed diagnosis and their passing away;
Your grief, in the form of a bereavement award (its current value is £15,120).

Time limits to start a misdiagnosed meningitis claim

If you have been affected by a meningitis misdiagnosis, you have three years to start a compensation claim from the date of injury. Alternatively, the three years could begin when you became aware of the negligence.

If you think you are entitled to claim, it is best to start the process as soon as possible. Medical negligence cases can be complex, and your solicitor will need time to gather supporting evidence.

There are a few exceptions to the standard three-year time limit:

For child injury claims, the limitation date does not begin until their 18th birthday. Afterwards, they have until 21 to start a compensation claim.
If the injured party lacks mental capacity, the time limit is suspended, and a litigation friend can claim for them with no limitation date.
You have three years to claim for wrongful death if you lost a loved one due to meningitis misdiagnosis.

How much compensation can I claim for a delayed or misdiagnosis of meningitis?

Each case is unique, so it is difficult to say how much compensation could be owed to you without knowing your situation. Your solicitor will assess the value of your claim based on two types of damages:

Special damages

Special damages cover financial losses and expenses related to the misdiagnosis, which could include:

Private medical care and treatments
Loss of earnings and earning capacity
Adaptations to your home or vehicle to support a disability
Speech and language therapy needs
Past and future professional care and assistance
Counselling and physical therapy

General damages

General damages cover the pain, suffering and loss of amenities caused by your condition. They are based on the type and severity of your injuries and the way in which these have affected your daily life and well-being.

Our compensation calculator is a quick and simple way to find out how much you could be entitled to receive for your losses.

How much will it cost to make a meningitis misdiagnosis claim?

If you have grounds to make a meningitis misdiagnosis claim, your solicitor will be happy to help you on a no win no fee basis. With this arrangement, you will not have to pay them anything at the outset or if your case is unsuccessful.

You only pay your solicitor a success fee if you win, meaning there is no risk when making a claim. This fee is deducted from your compensation award and capped at 25% of the payment for pain, suffering and past financial losses.

If you, your child or a loved one has suffered from delayed meningitis treatment, you may have a valid claim for compensation. To find out more, contact our team of expert medical negligence solicitors today for a free case assessment by calling 0800 470 0474 or entering your details here.

Contact us for free claims advice

Call 0800 470 0474 or enter your details below to request a call back.

By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy.

Misdiagnosed Meningitis Claims

Find out if you can claim

What is meningitis?

Am I eligible to make a meningitis negligence claim?