Many of us visit the doctor if we are feeling unwell, or feel anxious about a certain condition. It is expected, that once the situation is explained to the doctor, that our matter will be looked into, and diagnosed accurately. As we are unlikely to have much medical knowledge ourselves, we especially trust our doctor's advice, with little or no second thought. We should trust our doctors, as in the majority of cases, the correct diagnosis is made. Doctors normally scan patient's test results and establish an effective course of treatment. Nevertheless, doctors have been known to make serious errors in judgement and in some cases to the detriment of their patient.
The types of misdiagnosis that can occur include the following:
Failure to diagnose a condition or illness (such as cancer)
Failure to diagnose a condition or illness (such as cancer)
Failure to diagnose a condition or illness (such as cancer)
Misinterpretation of the patient's medical records
Medical negligence occurs when doctors fail to respond to test results or misinterpret them. The doctor is responsible for owing a duty of care to their patient, in ensuring that the patient is diagnosed correctly. This involves checking to see that the correct form of tests are carried out sufficiently in order to establish what is wrong with the patient, and working out the best form of treatment for the patient. If the patient's case is relatively minor, the doctor's error may not prove to be highly harmful to the patient. However, failure to diagnose accurately in some cases can prove to be fatal to the patient. On the other hand, some doctors inform patients that they have cancer when in fact they do not, thus causing unnecessary worry and pain.
Making a compensation claim for misdiagnosis
A surprising large number of people report incidents of misdiagnosis and treatment in hospitals every year. For the lucky few, a careless mistake on the part of the doctor does not prove to be detrimental as the condition was relatively minor. However, in more serious cases, the error can prove to be more fatal. In making a claim, there will be a number of factors that will be considered. As clinical negligence cases are quite complex the main question that will be asked will be, what would the outcome have been had the patient received the correct diagnosis initially?
In English Law, the real test is whether earlier treatment had a better than 50% chance of succeeding. As this test is quite stringent, 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.
Ayesha Salim , editor of the UK Lawyers Network, writes articles about compensation claims, Lawyer, accident compensation, find a solicitor, legal, lawyer, law help advice, solicitors litigation
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