Medical Misdiagnosis

There are three broad types of medical misdiagnosis, as follows:

Failure to diagnose: Misdiagnosis may have occurred if a medical professional fails to spot signs of illness or disease, meaning your condition is completely undiagnosed.  If disease or illness goes undiagnosed, the patient’s health may decline as a result, and in some cases may suffer long-term consequences, or even death as a result.

Delayed diagnosis: Depending on the nature of the condition, any delay in diagnosis can result in permanent or persistent physical or psychological damage.  In the context of conditions such as cancer, any delay can mean the difference between curative treatment and palliative care.

Incorrect diagnosis: If a medical professional has provided an incorrect diagnosis, you may be given treatment which do you not require and your condition may remain untreated.  In some cases, the treatment provided may cause unnecessary side-effects, health complications, or even damage.

It is the role of medical professionals to make the correct diagnosis, even when the evidence and presenting signs and symptoms suggest a range of possible diseases or conditions.

The process of deducing which is the correct diagnosis from more than one is referred to as making a ‘differential diagnosis’. It may be important to understand what this term means in the context of any claim for medical negligence due to misdiagnosis.

To bring a claim for medical misdiagnosis, it will be necessary to provide evidence that:

• The medical care you received was below a satisfactory standard (i.e. that another medical professional of the same level would have made a correct diagnosis), and

• This negligence caused you damage or injury.

To prove your case, we will compile evidence, including medical records, and seek expert medical opinion.

Claims following medical misdiagnosis which leads to injury or disease may cover two areas of loss:

• Pain and suffering due to the injury; and

• Specific costs resulting from the injury caused.  This may cover costs already incurred, such as transport, accommodation, and medical treatment, and expected future expenses, such as physical therapy and care costs.  The costs you receive will be based on the precise injuries suffered and the circumstances of the case.