Misdiagnosis in medical treatment

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.

What are the types of misdiagnosis that can occur?

• Misinterpretation of the patient's medical records

• Failure to diagnose a condition or illness (such as cancer)

• Medical records being mixed up

• Test results not being responded to

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 to make a claim for medical compensation

Unfortunately, there have been many reported cases of misdiagnosis resulting in medical negligence for the patient. In some cases, this misdiagnosis has proven to be fatal for the patient. In order to make a claim a few things will need to be considered. Firstly, some errors made by the doctor will be obvious from the outset, and easier to claim for. However, other cases can be more legally complex. The main question to consider is; what would the outcome have been had the patient received the correct diagnosis initially?

According to English Law, the real test is whether earlier treatment had a better than 50% chance of succeeding. As this test is quite strict, it can produce some unpleasant results. However, if you wish to make a claim, and can prove that you have suffered pain and suffering as a result of the misdiagnosis, 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.

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