Medical Misdiagnosis

A misdiagnosis claim can be raised if you are diagnosed with an illness which you do not actually have or you were informed that you had no illness when in fact you had.

Laura Reaney

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Being misdiagnosed by a medical professional can have a devastating effect on your life, and if this has happened to you or a member of your family, the specialist clinical negligence lawyers here at Spencers Solicitors want to help.

There are two major categories of misdiagnosis claims, these are:

  • Incorrect Illness
    Where you have been misdiagnosed with the incorrect illness, such as a heart condition when in fact you have a respiratory condition.
  • Missed diagnosis of Illness
    Where you have a medical condition but diagnosis has been delayed or missed for a period of time, despite your having visited your GP or hospital on many occasions.

If you have suffered a misdiagnosis from your doctor, consultant or at hospital, you may be entitled to make a medical negligence compensation claim.

Medical Misdiagnosis Claims

A medical misdiagnosis could, for example, mean your condition deteriorated causing lasting damage, or even death, e.g. if the misdiagnosis was of cancer that in the end became inoperable. Alternatively, misdiagnosis may cause you to suffer longer from your symptoms than was necessary.

The law aims to protect patients and ensure they obtain a high standard of medical care. If the court deems the treatment you received was negligent in that it fell below the standard of care you were entitled to expect from a healthcare professional of the same standing as the person that treated you, then you could be entitled to compensation in the form of a financial settlement.

A number of physical and psychological injuries can stem from a misdiagnosis, which can be caused by:

  • Significant delay in the diagnosis of an illness
  • Incorrect diagnosis of an illness or condition
  • Misdiagnosis causing a delay in the required treatment
  • Unnecessary use of drugs, treatment or a surgical procedure

How to make a claim for misdiagnosis

Proving medical malpractice is not always straight forward. While misdiagnosis in itself is not necessarily sufficient evidence to prove negligence, if the error was one which was unlikely to be missed by a reasonable medical expert, a finding of negligence is likely.

In order to assist the court in these cases, expert testimony can be used from noted specialists and prominent medical practitioners to answer factual medical questions.

If you think you may be entitled to compensation following a case of negligent misdiagnosis, contact our team of expert clinical negligence lawyers today who will be able to answer any questions you may have and will be able to advise you on your chances of pursuing a successful claim.

Strict time limits apply in medical negligence cases so it is advisable to seek advice as soon as possible.

If you want to make a claim against those responsible, call us on 08000 93 00 94 and speak with one of our advisors. Alternatively you can complete an Online Claim Enquiry and we'll call you back. Medical negligence claims are normally dealt with under a no win no fee arrangement, so if your claim doesn't succeed you won't pay for our work.

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