Misdiagnosis

RP Crawford Solicitors Limited – Righting Wrongs – Fighting Misdiagnosis

At RP Crawford Solicitors Limited, we recognise the devastating impact a misdiagnosis can have on your health and your life. Misdiagnosis can lead to incorrect treatment, delayed proper care, or no treatment at all—each scenario potentially worsening your condition and affecting your future.

 

See If You Have a Case – Use our simple form to tell us about your misdiagnosis, and we’ll tell you how we can help.

 

What Is A Misdiagnosis Claim?

Misdiagnosis claims are a significant aspect of medical negligence cases, often leading to delayed treatment, inappropriate treatment, or no treatment at all, which can exacerbate the patient’s condition or even lead to death. Here are some of the most common types of misdiagnosis claims in medical negligence:

1. Cancer Misdiagnosis: This is one of the most common and consequential misdiagnosis claims. Types of cancer frequently misdiagnosed include breast cancer, lung cancer, colorectal cancer, and skin cancer. Misdiagnosis can lead to delays in treatment that can significantly impact survival rates.
2. Heart Attack Misdiagnosis: Heart attacks are often misdiagnosed as other less serious conditions, such as indigestion, panic attacks, or other cardiac issues. This can lead to a failure to provide timely treatment, increasing the risk of further cardiac injury or death.
3. Stroke Misdiagnosis: Strokes can be misdiagnosed as migraines or other neurological disorders. Timely and correct diagnosis is crucial in stroke cases, as the treatments required are extremely time-sensitive.
4. Appendicitis Misdiagnosis: Appendicitis is sometimes misdiagnosed as gastroenteritis or an intestinal infection. A delayed diagnosis can lead to a ruptured appendix, which is a life-threatening emergency.
5. Meningitis Misdiagnosis: Meningitis may be misdiagnosed as flu or less severe infections, especially in the early stages. Misdiagnosis can delay crucial treatments, potentially leading to severe complications or death.
6. Orthopaedic Injuries Misdiagnosis: Broken bones, especially in the spine, hips, or pelvis, are sometimes misdiagnosed as less severe injuries such as sprains or strains. This can lead to improper treatment and prolonged recovery or permanent disability.
7. Thyroid Conditions Misdiagnosis: Both overactive and underactive thyroid conditions can be misdiagnosed as depression, anxiety, or other hormonal imbalances, leading to inappropriate treatment that can affect a person’s quality of life.
8. Diabetes Misdiagnosis: Type 1 and Type 2 diabetes can be overlooked or mistaken for other conditions, especially in young children and adults over 40. This can result in significant health deterioration due to untreated high blood sugar levels.
9. Lyme Disease Misdiagnosis: Often mistaken for flu, arthritis, or chronic fatigue, Lyme disease misdiagnosis can lead to long-term complications because the bacterial infection remains untreated.
10. Pulmonary Embolism Misdiagnosis: A pulmonary embolism is often misdiagnosed as a heart attack, pneumonia, or panic disorder. Accurate diagnosis is critical as this condition is potentially fatal if not treated promptly with blood thinners.

Misdiagnosis claims typically hinge on proving that a competent doctor would not have made the same diagnostic error under similar circumstances, and that this error led to harm or deterioration of the patient’s condition.

 

Understanding Medical Negligence

Medical negligence, often referred to as clinical negligence, occurs when healthcare professionals provide care that falls below the accepted standard, causing injury or harm to the patient. Misdiagnosis is a common form of medical negligence and can include wrong, missed, or delayed diagnoses.

Step 1: Initial Consultation

The first step is to seek legal advice from a solicitor experienced in medical negligence claims. During the initial consultation, the solicitor will discuss the circumstances surrounding the misdiagnosis, gather preliminary information, and provide advice on the likelihood of success and the possible value of the claim.

Step 2: Funding the Claim

In Northern Ireland, claimants can fund their medical negligence claims through various methods such as legal aid (subject to qualification), Home insurance policies, or after the event insurance. Your solicitor will help you understand which funding option is most appropriate for your situation.

Step 3: Gathering Evidence

• Medical Records: Your solicitor will collect all relevant medical records. These documents are crucial for establishing the timeline and details of the care you received.
• Expert Medical Opinion: An independent medical expert will be consulted to provide an opinion on whether the treatment you received fell below the standard of care expected, and whether this directly caused your condition to worsen.

Step 4: Establishing Liability

• Liability Report: The expert’s report will be used to determine liability, i.e., if the healthcare provider was negligent.
• Letter of Claim: If the expert’s report supports it, your solicitor will send a Letter of Claim to the healthcare provider, outlining the alleged negligence and the resulting injuries.

Step 5: Quantum Assessment

If liability is admitted, or if the case is strong enough to proceed:

• Quantum Reports: Additional reports from medical professionals, such as occupational therapists or forensic accountants, will be obtained to assess the full extent of your damages, including past and future care costs, loss of earnings, pain and suffering, and any other financial losses.

Step 6: Negotiations and Settlement

• Negotiation: Your solicitor will negotiate with the defendant’s representatives (usually an insurance company) to reach a compensation settlement.
• Settlement: Most medical negligence claims are settled out of court. If a settlement is agreed upon, the case concludes with the payment of compensation.

Step 7: Litigation

• Court Proceedings: If a settlement cannot be reached, the case may go to court. Your solicitor will prepare your case for trial, including gathering further evidence and briefing witnesses.

Step 8: After Settlement or Trial

• Aftercare: Following a settlement or trial, your solicitor can continue to provide advice, especially regarding the management of large compensation payments, such as setting up personal injury trusts or investment advice for ensuring long-term financial security.

 

Why Instruct Us?

• Unmatched Expertise: Our legal team is specialized in handling complex misdiagnosis cases.
• Client-Focused Approach: We prioritize understanding each client’s unique situation and tailoring our strategy accordingly.
• Ruthless Negotiation: We aggressively negotiate settlements to ensure that our clients receive the maximum compensation possible, reflecting the gravity of the harm suffered.

 

Frequently Asked Questions

• What types of compensation can I claim? Compensation may cover medical bills, loss of earnings, pain and suffering, future medical care, and more.
• What if I need home adaptations due to my condition? We can arrange assessments by housing needs experts to ensure your home is adapted to meet your medical and personal needs.
• What support is available for loss of employment? If misdiagnosis affects your ability to work, we can pursue claims for Smith v Manchester awards, recognising the loss of future earning capacity.

 

Ready to Challenge Your Misdiagnosis?

If you or a loved one has been impacted by a misdiagnosis, contact RP Crawford Solicitors Limited today. Let us help you secure the compensation you need to support your recovery and future.