What is Medical negligence?

Medical negligence is defined as any conduct by medical practitioners or a hospital/clinic staff member that provides a treatment below the required standard of care and directly causes harm or disease or permits a person’s health to worsen as a consequence.

Medicine is not an exact science, and medical problems can appear in “atypical” ways. Hence a failure to correctly identify some medical conditions may not be due to the treating doctor’s incompetence. We trust in medical practitioners to diagnose and treat damage and disease at any step along our path through the health system, whether primary, secondary, or tertiary care.

The healthcare system is structured to guarantee that patients are routed to clinical specialists who are most suited to assess patients who appear with symptoms that require close attention. Such as doctors, nurses and midwives owe their patients a duty of care. This includes any medical treatment provided in any medical institution, such as private and public hospitals, medical clinics and surgeries.

After visiting A&E, misdiagnosis concerns might also emerge. For example, a patient may go to A&E with specific symptoms, be discharged from A&E and then be released after suffering a significant injury, whether coronary or neurological, a stroke or bleeding to the brain. In circumstances where proper CT scans and other investigations of that nature were not performed when they should have been. Another example would be a failure to appropriately explore deep vein thrombosis. It is essential to remember that, even if liability is established, you must also be able to show causation, i.e.

Whether there is misconduct, you must show that the negligence caused the damage complained of and that it would not have happened anyway or for some other unrelated reason. Whether or not you can demonstrate on the balance of probabilities that an earlier action would have resulted in a better outcome. This frequently comes down to how long it takes to between the wrong and the accurate diagnosis.

If the patient suffers damages, injury or loss due to a medical practitioner failing to accurately diagnose your medical problem, or if there is an unreasonable delay in making a correct diagnosis. You may have reasons to bring a medical negligence claim against the medical practitioner or the medical institution responsible.

Different Types of Misdiagnosis Claims

Medical negligence can arise in any number of ways. There might be a delayed diagnosis, misdiagnosis, negligent medical care, surgical error, catastrophic injury or death to children during birth. The basis of all medical negligence claims is that the care provided was substandard, which caused unnecessary harm.

• Medical negligence claims
• Medical negligence compensation
• Hospital negligence claims

Medical negligence claims in Ireland cover a wide range of injuries. From minor injuries where a person recovers entirely or injuries that can negatively affect you for the rest of your life.

• Brain injury
• Broken bones
• Cancer
• Cerebral palsy
• Death
• Diabetes
• Ectopic pregnancy
• Epilepsy
• Facial collapse
• High blood pressure
• Irritable bowel syndrome
• Limb amputation
• Meningitis
• Neck injury
• Negligent antenatal care
• Neurological injury
• Numbness in one arm
• Slurred speech
• Spinal injury
• Strokes

What exactly is medical misdiagnosis?

There are three major categories of medical misdiagnosis:

Failure to diagnose:

 A misdiagnosis may have occurred if a medical practitioner fails to detect indicators of illness or disease, resulting in your condition not being detected. If sickness or an ailment stays untreated, the patient’s health may deteriorate and, in extreme situations, result in long-term effects or even death.

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.

Incorrect diagnosis:

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

Examples of acts that could give rise to a medical misdiagnosis claim include:

• Failing to evaluate and assess a patient adequately in front of their presenting symptoms;
• Failing to order suitable screening or diagnostic tests;
• Misinterpreting or failing to respond effectively to screening or diagnostic test results;
• Failure to refer you to qualified specialists;
• Failure to conduct the necessary investigations with sufficient haste, resulting in unacceptable delays in diagnosis;
• Making an inaccurate diagnosis results in the patient not receiving the proper therapy for their disease.

What is a medical misdiagnosis injury claim likely to cover?

• Assistance and care
• Damages in General
• Earnings loss
• Expenses for travel
• Specific costs resulting from the injury caused
• Suffering as a result of the injury

Which healthcare professionals provide medical diagnoses?

The medical diagnosis process can involve a large number of medical professionals;  Healthcare professionals that misdiagnose may include:

• Audiologist
• Chiropractor
• Consultant
• Dentist
• Dermatologists
• Dietician
• Emergency medical physician
• General practitioner (GPs)
• Laboratory technician
• Nurse practitioner
• Obstetricians
• Oncologist
• Ophthalmologists
• Optometrist
• Pathologist
• Physical therapist
• Psychiatrist.
• Psychologist
• Radiologist
• Speech and language therapist

What Is the Statute of Limitations for Misdiagnosis Claims?

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

In some circumstances, a person will recognise negligent behaviour right away. When judicial proceedings are issued, the Statute of Limitations clock stops.

Knowledge date

The two-year timeframe would begin when the victim discovered they had been injured and that the harm resulted from someone else’s negligence. However, there may be times when a person does not realise there was a negligent act or violation until much later. In those cases, the “date of knowledge” is used.

Children and people with intellectual disabilities

When a child is the victim of medical malpractice, the process for filing a claim differs from an adult. A minor, a person under 18, may be able to file a claim within the first two years after reaching 18. However, it is best to file a claim on behalf of a minor child as soon as possible. A parent or guardian acts on their behalf to do this. This time extension also applies to people with intellectual disabilities.