Lactose Intolerance Misdiagnosis – Can I Claim Compensation?

If a lactose intolerance misdiagnosis caused by medical negligence has resulted in you sustaining unnecessary and avoidable harm, you might be able to seek compensation. Medical professionals owe their patients a duty of care when treating them. They need to provide care that doesn’t fall below a minimum standard. 

lactose intolerance misdiagnosis

Lactose intolerance misdiagnosis claims guide

You might have questions, for instance: 

  • What scenarios could lead to a medical misdiagnosis claim?
  • How are medical negligence claims valued?  
  • What is a No Win No Fee agreement and what benefits do they offer? 

We aim to answer all of those questions in this guide. This guide will also explore what lactose intolerance is, its symptoms and the impact that misdiagnosis could have on your quality of life. 

If you would rather speak directly with a member of our team, you can do so. They are available 24 hours a day, 7 days a week, to offer you free legal advice. 

To get in touch: 

Select A Section

  1. What Is Lactose Intolerance Misdiagnosis?
  2. What Are The Symptoms Of Lactose Intolerance?
  3. Evidence In A Misdiagnosis Claim
  4. How Much Could I Claim For Lactose Intolerance Misdiagnosis
  5. Choose The Right Medical Negligence Solicitor

What Is Lactose Intolerance Misdiagnosis?

A medical misdiagnosis is where you have been diagnosed with a condition that you do not have, or you have sought medical attention for a condition that has been missed, meaning you have been told you don’t have the condition when you do. In order for your circumstances to be classed as medical negligence, you would need to show that:

  • You were owed a duty of care by a medical professional. All medical professionals have an automatic duty of care towards the patients they treat; they need to provide a level of care that doesn’t fall below a minimum standard.
  • This duty was breached by the medical professional.
  • As a result of this breach, you’re caused avoidable and unnecessary harm.

According to the NHS, lactose intolerance is a digestive problem that does not allow the body to digest lactose. Lactose is a form of sugar commonly found in milk and other dairy products.

If you are having symptoms of lactose intolerance, you should visit your GP. There are several steps they could take to diagnose your condition. For example: 

  • Suggest a lactose elimination diet.
  • Carry out blood tests
  • Do a hydrogen breath test. This can give an indication of how well you digest lactose.

In some cases, if your symptoms are particularly severe, a gastroscopy could be performed. This is a procedure that entails a small, thin tube being inserted into your stomach through your mouth. It can then take a small sample of cells that can then be tested. 

What Impact Could A Misdiagnosis Have?

If you went to your doctor with symptoms of lactose intolerance, and they misdiagnose you, then this could cause you to continue to eat dairy and suffer from these symptoms.

Sometimes, people can suffer from lactose intolerance because of another underlying condition, such as a bowel injury or coeliac. If there is a delayed diagnosis of the lactose intolerance and of the underlying condition, there might be delayed treatment that results in unnecessary pain and suffering.

Furthermore, you may be diagnosed with another condition when you are actually lactose intolerant. You could be prescribed medication to treat this, but it’s not a drug you actually need. Being prescribed the wrong medication can make you unwell.

If you would like to ask questions about the process of claiming for lactose intolerance misdiagnosis, speak with a member of our team today. They could connect you with a lawyer if your claim is legitimate.

What Are The Symptoms Of Lactose Intolerance?

Below are some common symptoms of lactose intolerance that can occur after consuming something with lactose: 

  • Flatulence 
  • Diarrhoea 
  • Bloating of the stomach 
  • Cramping and pain in the stomach 
  • Stomach rumbling 
  • Sickness 

You might also have symptoms that persist for longer, including a rash, pain in your joints, tiredness and trouble concentrating.

If you would like to know if you could claim for lactose intolerance misdiagnosis, speak with a member of our team today.

Evidence In A Misdiagnosis Claim

As previously touched on, you must be able to show that you have medical negligence has taken place to be able to make a misdiagnosis compensation claim. Simply being misdiagnosed is not sufficient grounds for a claim; you must be able to show that a breach of duty of care caused you harm that the right level of care would have avoided.

Proving medical negligence could entail providing and collecting: 

  • Medical records 
  • Prescriptions (for example, if you were given the wrong medication a prescription could demonstrate this)
  • A diary of your symptoms and how you’ve been impacted by the misdiagnosis 
  • The contact details of any witnesses who can provide a statement; for example, someone who was in the room with you when you spoke with your GP
  • The results of a complaint that you made. If you reported the doctor and the medical institution investigated and found in your favour, then this could benefit your case.

The Bolam Test might also be utilised as part of your claim in order to determine whether a breach of duty of care occurred. This is where a panel of medical professionals with the approproate training are asked to give their thoughts on whether the duty of care was breached or not. If they say that it was, then this could support your medical negligence claim.

Get in touch with a member of our team if you’d like guidance on the kind of evidence you could use to support your case. They could also provide guidance on other aspects of the process, such as the time limit that applies to beginning lactose intolerance misdiagnosis claims.

How Much Could I Claim For Lactose Intolerance Misdiagnosis?

The compensation you could be be awarded if your claim is successful may be made up of two heads of claim. These are general and special damages. 

The pain and suffering as a result of medical negligence would be compensated through general damages. This head of claim is valued by legal professionals with the help of a publication called the Judicial College Guidelines, alongside other proof such as medical evidence. 

We have included some of the brackets from these guidelines in the table below. However, these should only be used as guides as the settlement you receive will be based on the individual circumstances of your claim.

Compensation amounts

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Harm Compensation Bracket Details
Digestive System (Non-Traumatic) £38,430 to £52,500 Serious and acute pain, vomiting and fever. Claimant needs to stay in hospital for days or weeks. Some ongoing symptoms such as incontinence, with an impact on ability to enjoy life.
Digestive System (Non-Traumatic) £9,540 to £19,200 Serious symptoms that are short-lived and diminish over a period of two to four weeks. Some discomfort and disturbed bowel function persists.
Digestive System (Non-Traumatic) £3,950 to £9,540 Significant discomfort, cramps, altered function of the bowels and fatigue.
Digestive System (Non-Traumatic) £910 to £3,950 Days or weeks of varying degrees of pain, cramps and diarrhoea.

Special damages

Additionally, special damages aim to reimburse you for any monetary losses you’ve experienced due to medical negligence. For example, you might have to pay for travel to and from the hospital because you need to attend medical appointments that you otherwise would not have; these costs may be reimbursed. 

Special damages can also cover: 

It is important to keep a record of all financial losses. Without proof you might not be fully reimbursed for all the money you have spent. 

If you would like a more detailed analysis of how much compensation you could be owed, please contact a member of our team. They could also connect you with a No Win No Fee lawyer if your lactose intolerance misdiagnosis claim is valid. 

Choose The Right Medical Negligence Solicitor

Working with a medical negligence solicitor to assist you with your case can be beneficial. They can use their years of experience to cover all bases of your claim and can also represent you if your case goes to court. 

If you work with a solicitor from our panel, they could offer a No Win No Fee agreement. Generally, they work under a form of this agreement called a Conditional Fee Agreement (CFA) which means there are no legal fees to be paid upfront or while your claim is ongoing. 

In addition, if your claim is lost, you will not be required to pay fees to your lawyer for the work they’ve done on your case. If your claim is successful, a legally capped success fee will be deducted by your solicitor from the compensation you are awarded.

Our advisors are available to assist you with your claim 24 hours a day, 7 days a week. They could connect you with a legal representative if you have a valid lactose intolerance misdiagnosis claim. Please do not hesitate to get in touch: 

Read More

Below, we have included more of our guides that you might find useful:

 We have also included some of our own guides that may be of benefit: 

If you have further questions on the steps you can take if you have been harmed by a lactose intolerance misdiagnosis, speak with a member of our team today.

Writer KC

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