Misdiagnosis and Delayed Diagnosis Claim
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Misdiagnosis and Delayed Diagnosis Claims
We place our trust in medical professionals who treat us , and it can take a profound physical and emotional toll when we receive substandard or negligent care.
It is never easy having an illness or injury and associated pain and suffering. However, if your pain and suffering was increased, your symptoms were misinterpreted or your treatment was avoidably delayed, then you may be eligible to make a misdiagnosis or delayed diagnosis claim.
MKs are an experienced legal firm who have helped many clients who have been let down by the healthcare system. We are on your side and can help you to secure compensation for the negligence you have experienced.
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Misdiagnosis
Misdiagnosis occurs where your condition is wrongly identified which can mean that you do not receive the correct treatment early on. This can narrow your treatment options and worsen the prognosis of your illness. It may be that you were ignored despite displaying clear symptoms of your illness, that you were diagnosed with a less serious condition, or that tests, scans, or lab results were incorrectly interpreted.Make A Medical Negligence Claim Today
Delayed diagnosis
Delayed diagnosis, or late diagnosis, occurs where your diagnosis is not made in a reasonable time frame, leading to a worsening of your health, a worse prognosis, or delayed treatments.
Illness such as cancer, stroke, sepsis, infections, and fractures or musculoskeletal injuries are all examples of time sensitive illness where prompt treatment is very important and a lack of timely treatment can increase your pain and suffering as well as have long term effects.
What is a misdiagnosis or delayed diagnosis claim?
Misdiagnosis and delayed diagnosis claims are a type of medical negligence claim, where you can seek compensation for harm caused by negligence or a failure to meet the required standard of care on the part of a medical professional such as a G.P., consultant, or radiologist or on the part of a medical institution such as a hospital or nursing home.
Misdiagnosis or delayed diagnosis can have serious and potentially life altering consequences. Where your condition was not recognised in a timely manner or was wrongly identified this can lead to a lack of treatment, or ineffective or incorrect treatments being carried out.
Compensation for misdiagnosis or late diagnosis claim?
The settlement awarded to you will depend on several factors such as your medical history, the type and extent of illness or injury concerned, and the long term effects of the negligence on your life such as future care needs or financial repercussions.
In general, misdiagnosis or delayed diagnosis claims cover two types of loss, depending on your circumstances these may be general damages or special damages.
General damages relate to your pain and suffering and the physical and emotional effects of the negligence.
Special damages relate to financial losses incurred such as loss of earnings, medical bills, and additional expenses such as transport expenses.
Making a misdiagnosis or delayed diagnosis claim
There are three requirements for a successful misdiagnosis or delayed diagnosis claim.
You must establish that the healthcare provider owed you a duty of care. This may be a practitioner such as a G.P., hospital doctor or consultant, or another medical professional, or it may be a hospital or medical institution.
The provider must have failed to meet the standard of care that could reasonably be expected from a competent professional in that field and that another medical professional would have made the same error in similar circumstances.
The negligence, delay, or misdiagnosis must be shown to have directly caused you to suffer an injury or a worsening of your condition that could have been avoided with proper care.
It may be very daunting to consider making a misdiagnosis or delayed diagnosis claim, but your solicitor will guide you, support you and investigate on your behalf.
How to make a misdiagnosis or delayed diagnosis claim
Medical negligence claims in Ireland are handled through the civil courts system and not the Personal Injuries Resolution Board (PIRB) which assesses personal injury claims.
The process generally involves the following stages:
Seek the advice of an experienced medical negligence solicitor. Your solicitor will discuss your claim with you and advise you on how best to proceed.
Trust MKS Solicitors’ expertise to navigate the claims process on your behalf and advise you at each stage of your claim.
Your solicitor will obtain your medical records and seek a medical report from an independent expert on your behalf.
These records will show evidence of where your care was substandard and, along with the medical report, help to prove negligence and causation.
A formal letter of claim will be sent to the negligence party outlining your case.
The vast majority of misdiagnosis and late diagnosis claims are settled out of court through mediation but some will proceed to a full High Court trial. If matters are not resolved, formal legal proceedings will be initiated in court.
What is the statute of limitations?
In general in Ireland you have two years less one day to bring a medical negligence claim including a misdiagnosis or a delayed diagnosis claim. This time limit can run from the date that you experienced the negligence.
However, the time limit can run from the date of knowledge, which is the date when it became apparent that your illness was caused by negligence as the effects of substandard care may come to light after some time has elapsed.
There are also exceptions to the two year rule where persons who are incapacitated or children experience misdiagnosis or late diagnosis. If a person is deemed to be ‘under a disability’, meaning that they lack capacity to make a claim or their mental state is impaired, the statute of limitations may not apply.
It is important that you seek legal advice if you intend to make a claim for medical negligence as soon as possible as misdiagnosis and delayed diagnosis claims can be complex and it can take time to gather evidence and obtain reports.
Misdiagnosis and Delayed Diagnosis FAQ
Medical negligence occurs when substandard care on the part of a healthcare professional or healthcare setting, such as a hospital, surgery, or nursing home, leads to a worse outcome for the patient.
Misdiagnosis, where an illness or injury is incorrectly diagnosed, and delayed, or late, diagnosis, where a correct diagnosis is avoidably delayed, are both examples of medical negligence.
Anyone who has experienced misdiagnosis or delayed diagnosis can make a claim. If you, or a close family member have experienced misdiagnosis, delayed diagnosis, or medical negligence then contact MKS Solicitors without delay.
If a child has experienced misdiagnosis or delayed diagnosis, then a parent or close relative or guardian can make a misdiagnosis or delayed diagnosis claim on their behalf. Another option is for the child to make a claim on their own behalf when they reach 18, when they will have two years to make a claim at this point.
This very much depends on the nature and complexity of the claim as well as the unique circumstances of your situation. At Michael Helleher Solicitors, we operate on a ‘no win no fee’ basis and your fees will be outlined at the outset of your case.
Medical negligence claims can take anywhere from a few months to several years, depending on the effects of the negligence and the complexity of the case. It can take time to gather evidence and obtain expert reports.
Claims that are resolved through mediation generally take less time than cases that go to a full trial. In the unfortunate situation where an illness is terminal, claims may be dealt with more speedily.
Your solicitor will guide you as to what kind of time frame you might reasonably expect depending on your circumstances. At Michael Kelleher Solicitors, we pride ourselves on keeping the client informed at all stages of their claim so that you can focus on your recovery while we handle your claim on your behalf.
Michael Kelleher Solicitors working for you
Michael Kelleher are your trusted medical negligence solicitors offering expert and compassionate legal advice where you have experienced misdiagnosis or delayed diagnosis.
We understand the many and profound consequences of experiencing a misdiagnosis or delayed diagnosis can have on the course of your illness and on your life and we are dedicated to getting you the compensation that you deserve.
We are based in Dublin 8, but have clients nationwide. Complete our contact form, call us, or email us and we will respond to your query promptly and discuss your options with you.
Call us today to discuss your options.
If you are dealing with a legal issue, our solicitors will be happy to speak with you about your options You can contact us by phone on 01-6144565 or call to visit us at 149 James’s Street, Dublin 8. Telephone: 01 614 465 Email: info@mks.ie