Underlying reasons for misdiagnosis cases
Diagnosis, as the necessary stage before treatment can begin, underpins everything that happens in each encounter with a medical professional; a misdiagnosis, therefore, may well have serious ramifications for a patient.
Primarily, a doctor who fails to recognise a condition, given sufficient information for most doctors to correctly identify that condition, or who fails to register that extra information must be sought in order to have sufficient information, makes a misdiagnosis. However, not all reasons for an erroneous diagnosis will justify a clinical negligence claim.
When a patient's records have been misinterpreted, or mixed up with those of another patient, these are often avoidable errors that may be worth discussing with a medical negligence solicitor. This may also be true if symptoms and other information given by a patient, or results of medical tests, are dismissed or misunderstood without good reason.
However, it is possible for a doctor to misdiagnose conditions as a result of faults in the source of information. A patient who fails to give relevant information, or gives false information, contributes to the wrong diagnosis being given; test results may be misleading, on occasion, through no fault of the medical professionals involved. In these cases, negligence may be much harder to demonstrate.
Although deciding not to visit a GP has been listed as a reason for misdiagnosis occurring without the medical profession being liable, this may be complicated by claims arising from errors made by the 2009 swine flu hotline, if press reports prove to be accurate.
Whatever the reason for it, misdiagnosis alone is not sufficient for a compensation claim to succeed. The resulting treatment, or lack thereof, must be shown to have had a negative effect on the patient when compared to the effect that the correct treatment would have had. As this involves both legal and medical complexities, the expertise of a specialist lawyer is highly advisable.
Misdiagnosis advice from JMW Solicitors' Clinical Negligence department
The clinical negligence department at Manchester law firm JMW Solicitors brings together a team of highly-experienced experts under the leadership of Olivia Scates and Eddie Jones, and - according to the Legal 500 Directory - "has cemented its reputation as one of the finest firms in the region".
The department can also provide support from medical paralegals, and is one of the few UK firms to operate under the Legal Services Commission's Clinical Negligence franchise, meaning that claims can be funded under Legal Aid where appropriate.
All initial consultations are cost-free. For more information and advice about misdiagnosis, or any other clinical negligence matter, please contact us:
Eddie Jones
0845 872 6666 or eddie.jones@jmw.co.uk
click here to view Eddie's areas of expertise
