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.
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Diagnosis is a critical part of the medical process and it’s vitally important that your medical professional performs any diagnosis in accordance with the general approved practice appropriate for that condition.
This will involve a detailed inquiry with the patient into their symptoms, and care decisions will be made in light of the range of medical approaches available.
As it’s the very first step in the process, a misdiagnosis can set off a negative chain of events which may result in undesirable consequences for the patient. A bad diagnosis may occur by misinterpretation of the symptoms or ordering the wrong test. There may also be failures in communication which could have occurred at a critical point in a person’s care. It may become obvious at a later stage that a mistake has been made but depending on what steps have been taken, steps to reverse the damage may be required.
There are two main types of misdiagnosis:
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.
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.
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.
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.
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.
Each case will be unique. Sherwin O’Riordan, routinely use highly regarded experts to investigate whether any negligence occurred and what unnecessary effects were caused to the patient as a result. If you find yourself in this unpleasant situation, it’s only right that those responsible are held accountable and that you’re compensated appropriately for the pain and suffering caused by their mistake. Contact us today.
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