Medical Misdiagnosis Claims
Misdiagnosis cases are relatively common in the UK and Ireland. A misdiagnosis occurs when a doctor or other health professional fails to identify and treat a health problem after examining a patient. Misdiagnosis can also occur when a doctor fails to take appropriate steps to deal with the health problem, this can include the failure to refer to a relevant specialist.
At P.A.Duffy & Co Solicitors we appreciate that the damage caused by misdiagnosis can be irrevocable. Our medical negligence solicitors can offer compassionate legal advice and will establish whether or not a medical professional has been negligent in diagnosing a particular illness.
We rely on the advice of medical professionals and expect to be properly diagnosed. This is not an unreasonable expectation and if a medical professional has failed to diagnose, has unacceptably delayed a diagnosis or has given an incorrect diagnosis then you may have a claim for compensation.
An incorrect diagnosis can arise when a doctor or health professional diagnose their patient with the wrong condition and fail to identify the real source of the patient’s problems. This can be particularly detrimental to patients if they are given a course of treatment or medication to treat an illness, disease or injury that they do not have.
Most illnesses tend to worsen if an early diagnosis does not identify the problem. For example, illnesses such as cancer or diabetes must be diagnosed as early as possible to ensure you receive the most effective treatment possible. Delayed diagnosis is becoming prevalent in the UK in particular due to NHS waiting lists that result in patient’s not being examined by medical experts for as long as two years in some cases. This can inevitably lead to a patients’ symptoms worsening before they eventually receive treatment.
How do I make a claim for misdiagnosis compensation?
Making a claim for misdiagnosis compensation can be a complex process, and it may vary depending on your jurisdiction and the specific circumstances of your case. It is essential to consult with a qualified solicitor who specialises in medical negligence to guide you through the process.
If you ask us to represent you, we will start by taking details of the event and assess what has happened and who is responsible. We will put together evidence in support of your claim and contact the relevant health trust to advise them of the claim.
We will ask our medical experts to carry out examinations and write a report about the misdiagnosis have suffered. If the other side admits liability, we will negotiate with them to agree on the amount of compensation to be paid to you. Where they deny liability or the amount of compensation offered is not sufficient, your case will go to court. We will ensure that you have our support throughout and that you are represented by an expert misdiagnosis advocate.
What will I receive compensation for in a misdiagnosis claim?
Compensation can be awarded for a range of issues, including:
Pain and suffering
Reduction in quality of life, or being unable to enjoy normal activities
Financial losses, such as loss of earnings
How much misdiagnosis compensation will I receive for myself or my baby?
The size of misdiagnosis compensation payments varies widely depending on the severity of what has happened. If you speak to us about your case, we will be able to give you an initial idea of the range of compensation that is generally awarded for the type of injustice you have endured.
How can I finance a misdiagnosis compensation claim?
We know that funding a misdiagnosis compensation claim might be a worry, so we offer a range of options. These include:
Legal expenses cover
After the Event insurance (ATE insurance)
What is the time limit for bringing a birth injuries compensation claim?
The claim must be made within 3 years of the misdiagnosis taking place if the claim is being brought in Northern Ireland. If the claim is being brought in the Republic of Ireland the limitation period is 2 years. The date of misdiagnosis is effectively the date when a patient became aware that they have been misdiagnosed (the date of knowledge). A report from the relevant medical expert will often be required to determine not only if there was a misdiagnosis, but also when that misdiagnosis took place.
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