Medical Misdiagnosis

What is Medical misdiagnosis?

Medical misdiagnosis is a form of medical negligence and relates to conduct by a medical practitioner that results in a failure to diagnose your medical problem accurately or, there may be an unreasonable delay in making a correct diagnosis. You may have valid reasons to bring a medical misdiagnosis claim against the medical practitioner or the medical institution responsible.

We trust medical practitioners to diagnose and treat injury, illness or disease at any step along our path through the health system, whether primary, secondary, or tertiary care. When mistakes are made at any stage of medical care, it can have a significant impact on your life. It is essential to remember that, even if liability is established, you must also be able to show causation for this to be a case.

Different Types of Misdiagnosis Claims

Medical misdiagnosis can arise in any number of ways. There might be a delayed diagnosis or misdiagnosis, which means that appropriate care might not be provided, resulting in permanent harm or even death. There may be long-term effects, a reduced life expectancy, and constant pain and suffering. The basis of all medical negligence claims is that the care provided was substandard, which caused unnecessary harm.

2. Delayed diagnosis:

Any delay in diagnosis, depending on the nature of the ailment, might result in permanent or long-term physical or mental harm. In the case of diseases like cancer, any delay can mean the difference between curative and palliative treatment.

3. Incorrect diagnosis:

Suppose a medical expert makes an inaccurate diagnosis. In that case, you may be given treatment that you do not need, which may cause your true condition to be untreated or even become more aggravated. The treatment may result in unwarranted side effects, health issues, or even loss of life in some situations.

What Is the Statute of Limitations for Misdiagnosis Claims?

The Statute of Limitations is a piece of legislation that establishes strict time limits for the commencing of legal actions. In the case of medical misdiagnosis, the general rule is that actions must be brought within two years, less one day, of the negligent act.

In some circumstances, a person will recognise negligent behaviour right away, which enables the injured person to talk to their solicitor and other medical advisors in time to bring a claim against the negligent healthcare professional(s)

In other circumstances, a person will not recognise negligent behaviour right away and it may only come to light that a doctor or other healthcare professional was negligent after a significant period of time. In these circumstances, the “Date of Knowledge” becomes very important. This is the date when the person realises that there may have been a misdiagnosis by a health care professional.

In this case, the two-year timeframe would begin at the time the injured person discovered that they had been injured and that the harm resulted from someone else’s negligence.

Unfortunately, Irish case law on the “date of knowledge” can be very harsh to patients. Judges have ruled that in some cases, the date of knowledge was the date of the injury because even though the patient was not actually aware of the negligence until a later, they should have been aware of the negligence when it first occurred. In these cases, the two-year time limit to bring a claim was held to have commenced on the date that the negligence occurred even though the patient wasn’t aware of the negligence at that time. This has led to claims outside the two-year time limit being statured barred even though there was negligence. This is why it is crucial that if you believe that may have been the victim of medical negligence, you should contact an independent medical professional for a second opinion and consult with a solicitor immediately.

How to make a Medical Misdiagnosis Claim?

Medical misdiagnosis claims can appear very daunting as medical institutions and professionals can appear to have a wall of protection surrounding them, and you don’t know where to begin. Don’t worry; there is help and advice we can give you. Our team understands and has many years of experience assisting people in similar circumstances.

Before taking on a medical misdiagnosis case, we listen to you and ask the questions that will help us to understand what happened to you which will in turn, allow us to advise you of your options and how the process works from your initial medical negligence legal consultation to an outcome that will make you feel that you have received justice in your case.

Our goal is to support, protect and guide you through the legal system to a successful outcome. We will deal with all correspondence on your behalf while keeping you informed. When a decision on your case needs to be made, we will discuss and explain the options and implications to you. We will investigate the circumstances of your care and advise whether you have been the victim of misdiagnosis. If so, we can help you to pursue compensation for your damages. Whatever type of medical misdiagnosis you have suffered, we can help you obtain the compensation you deserve.

So what is your next step?

If you want to discuss whether you have a valid misdiagnosis claim, you can complete our online assessment here. We have a free and confidential assessment that is fully compliant with GDPR and is designed to allow us to assess your possible case and supply you with feedback. At that point, you can decide if you wish to proceed and come to talk to us. When you are ready to discuss your medical negligence case with us, we can organise to meet with you, listen to you, talk to you about your options and answer any questions you may have, including, what is involved, how a case is funded and how best to proceed. Peter and his team are very compassionate when dealing with clients who have been affected by medical negligence and have a deep understanding that the reason you are contemplating a medical misdiagnosis case is that you have been very badly affected and you want justice for the harm you or a loved one has suffered. You also want to ensure this doesn’t happen to other patients and that positive changes by the medical practitioners when they are treating patients like you in the future.

We can organise a virtual meeting or, better still, after an online assessment or phone appointment, you can visit us in our Dublin City Centre office.