Patients place great trust in their doctors to handle their case in the correct manner, to the highest standards possible. There is confidence that the medical records will be examined, the correct tests will be run on the patient, and that the patient will be diagnosed accordingly. Often with little experience themselves; it is satisfying to know that they are in great hands. People are correct in trusting their doctors, as the majority of the time, the correct treatment is given and the process runs smoothly to the patient’s satisfaction. However, on occasion doctors have been known to misdiagnose a patient, resulting in great distress for the patient. In these cases, it can be possible to bring a claim for medical negligence.
The types of misdiagnosis that can occur include the following:
Mixing up medical records
Failure to respond to test results
Mixing up medical records
Misinterpretation of the patient’s medical records
The doctor could potentially be held liable for medical negligence, if they fail to respond to test results or misinterpret them, a patient is owed a duty of care by their doctor, and expect that they will be diagnosed properly. They also expect that the necessary tests taken will be examined properly to establish what is wrong with them. In some cases, the doctor’s error does not prove to be catastrophic for the patient, as the case was relatively minor. However, in other cases the careless mistake can prove to be far more dangerous for the patient, and have devastating consequences. For example in cases where the early signs of cancer are left unspotted and treated. A patient’s lifespan could be greatly reduced as a result of that one mistake. On the flip side, some doctors make the mistake of misdiagnosing the patient with cancer, causing unnecessary pain and anguish.
How do you make a medical compensation claim for misdiagnosis?
Regrettably a large proportion of people every year are either misdiagnosed, or undiagnosed as a result of medical negligence. In some cases, a careless mistake on the part of the doctor can prove to be fatal for the patient. For a patient to make a claim, certain factors will need to be considered. In some cases, the doctor would have made an obvious error, which resulted in the injury to the patient. However, other cases may not be so clear cut. Therefore, the fundamental question that will be asked will be, what would the outcome have been had the patient received the correct diagnosis initially?
In accordance with the English Law, the real test is whether earlier treatment had a better than 50% chance of succeeding. As this test is quite confined, it can produce some harsh results. However, if you have suffered pain and suffering as a result of misdiagnosis, that would not have occurred had the initial diagnosis been correct, you may be entitled to claim for compensation. Our expert clinical negligence solicitors will assess your case on its own merit, and inform you of the best way to handle your case.