What Is Misdiagnosis?

There are two main types of misdiagnosis: Incorrect or missed diagnosis – when a medical professional diagnoses you with the wrong condition or fails to diagnose any problem at all. Late diagnosis – when your condition is identified late, causing delays in treatment. A misdiagnosis can be made by any HSE or private medical professional who’s responsible for diagnosis. Misdiagnosis may occur if your GP or consultant fails to interpret test results accurately, examine you properly or refer you to the correct specialist.

Misdiagnosis Claims*

Q: What is the first step to take when pursuing a medical negligence action?

Contact a Solicitor The first step in making a medical negligence claim is to seek the assistance of a solicitor who specialises in this area of law who will provide support and guidance and help determine if you have suffered due to the negligence of a healthcare provider. Medical Reports It will be necessary for you to take up a copy of all medical records from your GP and any hospitals you have attended. Based on the medical expert’s opinion, your solicitor will prepare a medical report that details the extent of your injuries and the impact they have had on your life. This report will be used as evidence in your case. Access your damages & Claims Letter Expert consultants will help access your damages and your Solicitor will draft a letter of claim addressed to the involved parties. Special damages might include loss of earnings, both past and future, lost pension, the costs of care that you might need if you are severely injured, adaptations to your property to take account any loss of mobility, equipment, medical treatment and therapies, and any other financial losses which can be attributed to the negligence. Settlement Negotiations Your solicitor will then begin the process of settlement negotiations. Based on the reply from the involved medical practitioners, the claim can be settled either in court or out of court.

Q: Will I need to go to court?

It is impossible to say that any particular case will resolve without the necessity of a court hearing. Every case is prepared on the basis that it is proceeding to a full trial however there may be an opportunity for mediation or settlement out of court.

Q: Is there a time limit for medical negligence claims?

The statute of limitations are the legal time limits on how long you have to make a claim. The general rule is that proceedings must be issued within two years of the date of the negligent act or two years from the date that you became aware that your illness or injuries caused by a third party. It is vital that proceedings are issued in advance of your statute date.

Mistakes in diagnosis can have lasting consequences for your health. If you’ve been unfortunate enough to experience medical misdiagnosis then you may be able to claim compensation.

**Medical Misdiagnosis Claims* Solicitors**

Diagnosis plays a critical role in the medical process, and it’s vital for your medical professional to perform any diagnosis according to the generally approved practices for that condition. Medical misdiagnosis can lead to devastating consequences, such as delayed treatment, worsening conditions, and significant emotional and financial distress.

Sherwin O’Riordan Solicitors in Dublin understand the profound impact of medical negligence and dedicate themselves to providing compassionate and effective legal representation for individuals suffering from medical misdiagnosis. Our experienced team of solicitors commits to helping you navigate the complexities of medical negligence claims, ensuring you receive the justice and compensation you deserve.

What is Medical Misdiagnosis?

Medical misdiagnosis occurs when a healthcare professional fails to correctly identify a patient’s condition, leading to inappropriate or delayed treatment. This can include:

Incorrect Diagnosis: A doctor diagnoses a patient with the wrong illness, leading to treatment for a condition they don’t have, while the actual condition goes untreated.
Delayed Diagnosis: A correct diagnosis is eventually made, but only after a significant delay, which may have allowed the condition to worsen or become untreatable.
Failure to Diagnose: A healthcare professional completely misses a serious medical condition, leading to a lack of any appropriate treatment.
Failure to Refer: A general practitioner (GP) fails to refer a patient to a specialist when their symptoms warrant further investigation, resulting in a missed or delayed diagnosis.

These errors can arise from various factors, such as misinterpreting test results, failing to conduct proper examinations, or overlooking critical symptoms.

Types of Medical Misdiagnosis Claims We Handle

Our team at Sherwin O’Riordan Solicitors LLP has extensive experience in a broad spectrum of medical misdiagnosis claims, including those involving:

Cancer Misdiagnosis: Delayed or incorrect diagnosis of various cancers, leading to reduced treatment options and poorer prognoses.
Heart Attack and Stroke Misdiagnosis: Failure to diagnose or delayed diagnosis of acute cardiac events or strokes, resulting in severe and often permanent damage.
Surgical Errors: Mistakes made during surgical procedures that lead to new injuries or complications, often stemming from misdiagnosis or poor pre-operative assessment.
Medication Errors: Prescribing the wrong medication, incorrect dosage, or failing to identify adverse drug interactions due to misdiagnosis.
Birth Injuries: Misdiagnosis during pregnancy or childbirth that leads to injuries to the mother or baby.
Infection Misdiagnosis: Failure to diagnose or treat serious infections, leading to sepsis or other life-threatening conditions.

The Legal Process for Medical Misdiagnosis Claims

Pursuing a medical misdiagnosis claim involves several critical steps:

Initial Consultation: We begin with a thorough consultation to understand the details of your case, assess the potential for a claim, and advise you on the legal process.
Gathering Evidence: This is a crucial stage where we collect all relevant medical records, test results, imaging scans, and expert opinions. We work with independent medical experts to establish that medical negligence occurred and directly caused your injury or worsened your condition. The High Court of Ireland has emphasized the importance of genuine medical need for referrals, typically determined by a General Practitioner (GP), rather than solicitor-driven referrals without medical justification.
Establishing Duty of Care and Breach: We must demonstrate that the healthcare professional owed you a duty of care, and that they breached this duty by failing to meet the accepted standard of care for their profession.
Proving Causation and Damages: We then prove that this breach of duty directly caused your injuries or losses. We meticulously calculate the damages you have suffered, which can include medical expenses, loss of earnings, pain and suffering, and future care costs.
Negotiation and Litigation: While many cases are resolved through negotiation or mediation, we are fully prepared to pursue litigation in court if a fair settlement cannot be reached. Our firm recognizes the benefit of mediation as an alternative to litigation and has participated in many mediations to resolve disputes.

Frequently Asked Questions:

What is Medical Negligence?

Medical negligence is an act or omission by a health care provider which deviates from accepted standards of practice in the medical community and which causes injury to the patient. There are a number of ways that medical negligence can happen, such as misdiagnosis, incorrect treatment or surgical mistakes.

What is the first step to take when pursuing a medical negligence action?

Contact a Solicitor

The first step in making a medical negligence claim is to seek the assistance of a solicitor who specialises in this area of law who will provide support and guidance and help determine if you have suffered due to the negligence of a healthcare provider.

Medical Reports

It will be necessary for you to take up a copy of all medical records from your GP and any hospitals you have attended. Based on the medical expert’s opinion, your solicitor will prepare a medical report that details the extent of your injuries and the impact they have had on your life. This report will be used as evidence in your case.

Access your damages & Claims Letter

Expert consultants will assess your damages, and your solicitor will draft a claim letter to the involved parties. Special damages may include past and future lost earnings, lost pension, care costs for serious injuries, property adaptations for mobility loss, medical treatment, therapies, and other financial losses due to negligence.

Settlement Negotiations

Your solicitor will then begin the process of settlement negotiations. Based on the reply from the involved medical practitioners, the claim can be settled either in court or out of court.

Will I need to go to court?

It’s hard to say if a case will resolve without court. Cases are usually prepared for full trial, but mediation or settlement out of court may be possible.

Is there a time limit for medical negligence claims?

The statute of limitations sets the legal time limits for claims. Generally, you must file within two years of the negligent act or from when you became aware of the resulting illness or injuries. It’s crucial to initiate proceedings before this deadline.

Contact Sherwin O’ Riordan’s Medical Negligence Solicitors Today

Sherwin O’ Riordan engages with you in a sensitive manner and discusses the steps involved in straightforward terms. Our extensive experience in the field of medical negligence helps you achieve the best possible settlement, whether in court or out of court. Contact our compassionate team to discuss making a claim.

Ph: 01 663 2000

Contact us today through our online contact form.

At Sherwin O’ Riordan, you are never just a case number. You are a person with a story, and we make sure it is heard.

* In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

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