Misdiagnosis

Misdiagnosis medical negligence occurs when a GP or hospital doctor provides the wrong diagnosis of a condition or illness. This in turn may lead to a delayed treatment and failure to provide the right treatment.

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Medical misdiagnosis can be particularly harmful as it will inevitably lead to delays in making sure the patient receives the treatment they need. In some cases, such as cancer, this may lead to serious long-term harm, worsening of symptoms and may even prove fatal.
When misdiagnosis causes harm, it can be particularly devastating. A claim for medical negligence compensation can help a family financially after the death of a loved one or it can be used to provide treatment and rehabilitation therapies for those who have suffered life changing injuries.

Common types of medical misdiagnosis

The most usual types of complaints against doctors are:

  • Going to a doctor with specific symptoms and being told nothing was wrong, only for a correct diagnosis to be made later or by another doctor
  • Your condition was diagnosed but the seriousness or degree of onset was not picked up
  • Wrong diagnosis led to unnecessary treatment or surgery, or incorrect treatment, such as an inappropriate antibiotic for infection
  • Being wrongly diagnosed as having a terminal illness and suffering psychological harm as a result

There are three main conditions which when misdiagnosed can lead to death or serious, permanent disability. These are:

  • Misdiagnosed cancers: such as liver cancer, pancreatic cancer, colon cancer.
  • Vascular events: abnormal conditions of the blood vessels (arteries and veins) including stroke, pulmonary embolism, deep vein thrombosis, and heart attack.
  • Infections: such as meningitis, spinal infection, pneumonia, and sepsis (the body’s reaction to major infection).

Other conditions which are most commonly misdiagnosed include:

  • Appendicitis
  • Broken bones and fractures
  • Cauda Equina syndrome
  • Diabetes
  • Ectopic pregnancy
  • Epilepsy
  • Irritable bowel syndrome
  • PTSD

Misdiagnosis and mental health

If a doctor has misdiagnosed a condition, injury, or illness, it is not just your physical wellbeing that can be harmed. Your mental wellbeing may be affected by the psychological trauma of a wrong diagnosis or missed diagnosis.

You may suffer anxiety, stress, sleep deprivation, or depression and these conditions should be factored into your claim for compensation.

How to make a misdiagnosis claim for compensation

Medical negligence claims can be complex and you will need to prove several elements within your claim. Firstly, that you were owed a duty of care form the GP or hospital doctor who you are making the claim against. Secondly, that their failure i.e. the misdiagnosis, was negligent (would other similarly qualified doctors have diagnosed you correctly in the same circumstances). Thirdly, did the doctor’s misdiagnosis cause you harm that would not otherwise have occurred if they had correctly diagnosed you.

In order to establish whether your claim is likely to succeed, we offer a free, no-obligation initial meeting in which we listen to your situation, so that we can establish the nature of your case. We will also let you know about some of the practicalities of making a misdiagnosis claim, including how your case could be funded, such asincluding the use of a “no win, no fee” agreement.


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Litigation Bromley

Penny Langdon

Solicitor
Litigation Bromley
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Litigation Sevenoaks

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Litigation Sevenoaks

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