The amount of damages you can receive for a misdiagnosis will depend on the situation surrounding this clinical negligence. Misdiagnosis can rear its ugly head in various forms. There is incorrect diagnosis where the doctor or dentist diagnoses a completely different medical condition from what it actually is. Then there is failure to diagnose. This occurs when you are later examined by a different health practitioner and it is found that the condition was missed at the time of the first examination.
Whatever the reason for the misdiagnosis, the consequences can be dreadful. It can result in the wrong course of treatment being prescribed, unnecessary surgery, pain and anguish. Most worryingly any delay before the correct diagnosis could have had a detrimental effect on your health, both in the long and short term.
If you believe you have been the victim of a missed or incorrect medical diagnosis you are advised to contact one of our solicitors at Accident Advice Helpline who specialises in clinical negligence.
Making a claim for a misdiagnosis
When considering a claim for misdiagnosis a court will base its decision on the effect it has had on you compared with if you had been given the correct diagnosis in the first place. If the court gives you the benefit of the doubt, your misdiagnosis damages will be made up of two parts, general damages and special damages.
General damages awarded in a misdiagnosis claim are assessed on the basis of the pain being suffered as well as loss of amenity (inability to perform tasks).
Special damages will be paid to compensate for financial losses and expenses suffered by you because of the medical error. This is why should keep a record of expenditure – such as receipts – and financial losses incurred because of the misdiagnosis. Special damages can include provision for future losses and expenditure if the consequences of the clinical negligence are severe. This can include covering any expenses if you have to adapt your home, or you are unable to continue in your occupation.
Why you should seek legal expertise when making your claim
Having suffered the consequences of misdiagnosis we realise it must be a stressful time for you. By providing assistance we will be able to relieve you of a lot the strain. We have the legal and medical expertise to assess your claim and represent you.
Our medical experts will assess your situation by sourcing your medical reports and arranging independent medical examinations. We will not charge you for opening your case.
It is important we get as much information as possible about your misdiagnosis as there is every chance that the medical professional at fault will launch a defence. Even if he or she admits liability the damages offered may not be as much as would be demanded by a court.
You should also have no fears about the costs of us representing you. We work on a no win no fee basis.If your claim is not successful you will not be liable to pay us any fees.
Date Published: October 15, 2013
Author: David Brown