31 July 2009 - 0:02Misdiagnosis In Medical Treatment
Many of us visit the doctor if we are feeling unwell, or feel anxious about a certain condition. It is expected, that once the situation is explained to the doctor, that our matter will be looked into, and diagnosed accurately. As we are unlikely to have much medical knowledge ourselves, we especially trust our doctor’s advice, with little or no second thought. We should trust our doctors, as in the majority of cases, the correct diagnosis is made. Doctors normally scan patient’s test results and establish an effective course of treatment. Nevertheless, doctors have been known to make serious errors in judgement and in some cases to the detriment of their patient.
What are the types of misdiagnosis that can occur?
Mixing up medical records
Failure to diagnose a condition or illness (such as cancer)
Mixing up medical records
Misinterpretation of the patient’s medical records
Failing to respond to test results or misinterpreting them, are clear signs of medical negligence. The doctor owes a duty of care to their patient, in ensuring that the patient is diagnosed correctly, and that the correct form of tests are carried out sufficiently in order to establish what is wrong with the patient, and establishing the best form of treatment for the patient. Although inexcusable, if the patient’s case is not so serious, the doctor’s error may not prove to be highly harmful to the patient. However, in serious cases, such as failure to diagnose cancer, it could lead to the death of the patient. In some situations the patient may have been diagnosed with cancer when they do not even have it. Of course this would cause great distress and anxiety to the patient for no reason at all.
How to make a claim for medical compensation
Unfortunately, there have been many reported cases of misdiagnosis resulting in medical negligence for the patient. In some cases, this misdiagnosis has proven to be fatal for the patient. In order to make a claim a few things will need to be considered. Firstly, some errors made by the doctor will be obvious from the outset, and easier to claim for. However, other cases can be more legally complex. The main question to consider is; what would the outcome have been had the patient received the correct diagnosis initially?
In English Law, the real test is whether earlier treatment had a better than 50% chance of succeeding. As this test is quite stringent, it can produce some harsh results. However, if you have suffered pain and suffering as a result of misdiagnosis, that would not have occurred had the initial diagnosis been correct, you may be entitled to claim for compensation. Our expert clinical negligence solicitors will assess your case on its own merit, and inform you of the best way to handle your case.
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