Medical misdiagnosis of illness and disease

If you’re unsure about your situation, an obligation-free chat with a medical law expert can give you certainty on your situation.

Not all instances of misdiagnosis are cases of medical negligence - even the best doctors can and do make errors in diagnosis. Delayed, incorrect, or a failure to diagnose are all forms of medical misdiagnosis.

For a successful claim and compensation to be awarded for a misdiagnosis, there has to be clear evidence that shows:

• A similarly trained medical professional would not have made the same mistake, AND
• Harm or injury has been caused as a result of the misdiagnosis.
• Both of these criteria have to be satisfied for a claim to be successful and compensation paid out.

A cancer misdiagnosis can have a devastating, long term effect on a patient and their family. Cancer can share symptoms with less serious ailments, leading to an incorrect diagnosis. The resulting delay in treatment can significantly affect a patient’s chance at recovery.

You may have a cancer misdiagnosis claim if a medical professional has failed to:

• Identify and investigate cancer symptoms
• Order appropriate testing when cancer symptoms or risk factors are present
• Read or correctly interpret test results
• Act on medical recommendations made by a cancer testing lab
• Refer you to a cancer specialist
• Provide reasonable follow-up care to assess treatment

There are many situations where a disease or condition may be misdiagnosed. However, certain wrong diagnoses are more common than others:

• Meningitis, where both viral and bacterial forms can be mistaken for the flu. Bacterial meningitis can be life-threatening.
• Heart attacks being mistaken for panic attacks or indigestion
• Staph infections can be misdiagnosed as insect or spider bites, herpes, acne and other skin issues. Bacterial infections can become serious, even deadly, if not treated correctly.
• Strokes may be wrongly identified as migraines or other relatively minor issues in younger patients.
• Serious mental health disorder misdiagnosis - for example, bipolar can be incorrectly diagnosed as depression or another mood disorder.
• Deep Vein Thrombosis can be wrongly identified as a simple leg cramp or muscle strain.

To prove medical negligence, you need to show that the treatment fell below the standard of care reasonably expected from a professional.

If the medical practitioner or hospital acted in a way considered to be acceptable in the opinion of a large number of respected medical practitioners in that same field, then you may not have a claim.

All medical practitioners are required by law to have Professional Indemnity Insurance (PII). In the event of an accident or injury, the insurance company pays the compensation, rather than the professional or medical facility.

Shine Lawyers operate on a No Win No Fee* basis, which means that if you make a compensation claim you won’t pay our legal fees unless we win.

The legal fees at the end depend on the work required to successfully win your case, so the amount can vary depending on the complexity of the case. Your lawyer will give you a guide as to the expected fees once they understand your case.

*Conditions apply

Where you are located isn't necessarily a barrier when it comes to obtaining the services of a lawyer. We're experts when it comes to cerebral palsy related claims and we can help you get the compensation you deserve.It doesn't matter if you are located close or far away from a Shine Lawyers office - we will always provide the same, expert advice and manage your claim with the same level of quality and commitment.

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