‘Lost in the system’ claims
If you require medical treatment, tests or a specialist consultant, your GP or hospital will usually send you an appointment invitation. Whilst most appointments are set up successfully, sometimes this does not happen or appointments aren’t followed up. The appointment is not sent, the treatment is not arranged and the patient is simply forgotten about. This is often referred to as being ‘lost to follow-up’ or ‘lost in the system’. Whilst a forgotten appointment might not seem like a big deal, it can cause delays in treatment which can have serious consequences.
If you’ve suffered harm due to being lost in the system, then you could be entitled to claim compensation. With over 400 years’ combined experience, Fletchers Solicitors are skilled in handling all types of medical negligence claims including ‘lost in the system’ cases. Our specialist legal team work on a No Win, No Fee basis and will support you through the legal process to secure justice for you and your family.
What is a ‘lost in the system’ claim?
‘Lost in the system’ or ‘lost to follow up’ claims are when a medical professional or institution has failed to follow up on appointments, treatment or results.
It may be that a referral appointment to a consultant was never made, your test results were never properly communicated to you or a hospital failed to provide the treatment you needed at all.
If you can show that someone has made such an error and that it has caused you harm, then you could be entitled to compensation. Sometimes, ‘lost in the system’ errors can cause a delay in diagnosis which can lead to a delay in treatment and this may affect the prognosis. Delays can mean that the problem becomes harder to treat, the treatment is more invasive and takes longer and the outcome is poorer.
In order to have a successful negligence claim, you will need to be able to show the effects that the ‘lost in the system’ error had on you. For example, what pain and suffering was caused because of your delay in treatment, how this delay has affected your life and work, or any financial losses that have incurred due to the mistake.
Our team of dedicated lawyers can help you collect evidence for your claim to build you the best case. Not only do we bring the best legal minds to your case, but we also work with a team of medical professionals to assess the care you received.
Different types of ‘lost in the system’ claims
‘Lost in the system’ or ‘lost to follow up’ incidents can occur in a number of scenarios, including:
- Appointments to see a consultant, nurse or other healthcare professional are not made
- Arrangements for tests, scans, monitoring of conditions are not put in place
- Treatment is not provided
- Results of investigations, diagnoses or treatments are not communicated
Is there a time limit on making a ‘lost in the system’ claim?
Generally speaking, you have three years from the “date of knowledge” to make a ‘lost in the system’ claim.
The “date of knowledge” is the date you first found out or became aware of negligible treatment. This is not three years from when the mistake happened, but three years from when you first knew that something had gone wrong. In our experience, often people find out that a mistake has been made straight away, but it can take months, or even years before people admit that something went wrong.
If you or the person the mistake happened to is or was under the age of 18 at the time the incident occurred, then the time limit is three years from the date of their 18th birthday. So, children have until their 21st birthday to make a claim.
If the person the mistake happened to does not have the mental capacity to recognise the mistake, there can be no time limit.
If you or a loved one has suffered harm because of a ‘lost in the system’ error, then you could be entitled to compensation. Delays in appointments and treatment can have a serious impact on your prognosis, so it’s important that medical professionals deal with follow up appointments and treatment in a timely manner.
Contact us today to find out how we can guide you through the legal process.
Call us now on 0330 013 0251 or start your claim today with our online form.