Many people suffer stress and inconvenience due to a delayed medical misdiagnosis. In some cases, the patient’s concerns are ignored, while other situations exist where communication between treating doctors and other specialists is delayed. There are also situations where the medical condition has been completely misdiagnosed, causing additional delay in treatment. In extreme cases, a delayed misdiagnosis can result in permanent health problems and even death. Appropriate compensation is warranted to assist the delayed misdiagnosis victim and their family in a time of need.
A medical negligence claim based on delayed misdiagnosis requires professional input from medical professionals, medical advisors, an experienced barrister and a highly qualified medical negligence lawyer. Taylor & Scott Lawyers have access to all of the above, backed by more than 110 years of experience winning cases for their clients. Medical negligence claims can be complex in such cases, as it’s essential to prove that the patient suffered due to delayed misdiagnosis and not simply due to an already existing medical condition.
Doctors are not always legally responsible in cases of a delayed misdiagnosis. Even the most competent medical professional can make a diagnostic error when applying reasonable care. In order for a claim to proceed it should be backed with evidence proving the doctor was negligent. Several basic factors need to be present.
In cases where diagnosis hinges on the probability of a particular disease or condition, the doctor is obliged to evaluate the patient, ask questions, identify symptoms, research the patient’s medical history, order tests and communicate with specialists. Even with all this in place, there are ways a doctor can be negligent, including:
In other cases, it may not be the doctor at fault, but a medical assistant or technician. Examples include test results read incorrectly, samples that get contaminated or important information overlooked by the doctor’s assistant.
Every Australian state has their own set of compensation laws and claims procedures. Residents of NSW and visitors to the state should process their compensation claim through the appropriate local legal channels, although the case can proceed if the NSW resident is interstate or overseas. As medical negligence claims, including delayed misdiagnosis, can become complex, it’s advisable to remain local and in touch whenever possible for a faster claims process. Taylor & Scott Lawyers, located in the heart of Sydney, reach out to all NSW residents, remaining in contact at all times to answer any questions or concerns regarding the compensation claim.
The more information you have related to your particular circumstances, the better the chance of maximising compensation payouts. Misdiagnosis can occur anywhere from the treating doctor’s office to the medical emergency room and anywhere in between, so providing a detailed overview of your experience can make a real difference in achieving maximum payout potential. If possible, take notes related to any of the following.
Wrong diagnosis: Also called misdiagnosis, this occurs when the doctor picks the wrong illness and treatment pathway.
Missed diagnosis: A clean bill of health is provided when the patient is actually suffering from a disease or illness.
Delayed diagnosis: The correct diagnosis is given, but only after a delay that negatively affected the patient’s condition.
Failure to recognise complications: The doctor is negligent in identifying factors that aggravate or worsen the condition.
Failure to diagnose a related disease: A related disease experienced simultaneously with the diagnosed condition is overlooked.
Failure to diagnose an unrelated disease: One disease is correctly diagnosed, but a second, unrelated disease is missed during diagnosis.
Taylor & Scott Medical Negligence Lawyers understand all of the above and a whole lot more. Backed by decades of experience winning cases for clients, our lawyers are attuned to all legal and medical developments related to delayed misdiagnosis cases, and ready to fight for your rights in achieving adequate compensation. If you or your loved ones have been affected by medical negligence we can help you turn the corner to a better future. For more information, contact Taylor & Scott today and we will immediately commence investigations specific to your circumstances.
At Taylor & Scott, We Care For You.