Medical Negligence

Can I Claim Compensation for a Delayed Medical Diagnosis?

By September 20, 2022 No Comments
Delayed Medical Claim

Providing a correct and timely diagnosis of an illness or injury is a crucial step on the path towards recovery and should be reasonably expected by anyone seeking care. Unfortunately, however, instances of medical negligence are not uncommon and can result in detrimental harm to a patient’s health, well-being, and way of life.

If a delay in spotting any potential illnesses or diseases occurs that causes your health to deteriorate and could have been avoided, then there may be grounds for a compensatory claim.

What is a delayed medical diagnosis?

A delayed diagnosis refers to an instance where a patient presents themselves, either to a GP, hospital, or other healthcare professional/institution, with symptoms of a disease or ailment that fails to go untreated within a reasonable period of time. This differs to the definition of a misdiagnosis, which is when a patient’s symptoms and their causes are incorrectly diagnosed by the attending physician.

How do delayed medical diagnoses happen?

When you first present for medical treatment because of an unknown illness and its accompanying symptoms, it is common to undergo a range of tests and examinations to determine the cause of your suffering. Such tests often include blood work, x-rays, MRIs, and CT Scans, to name but a few.

Once these tests have been completed and the results analysed, some medical professionals may fail to spot the important warning signs of a potential disease until it has advanced to a critical stage. Although such a delay may not be intentional, the impact that it could have on a patient’s health and well-being may be severe.

How can I make a compensation claim for a delayed diagnosis?

When/if you have made the decision to seek compensation for your suffering, it is strongly advised that you contact a solicitor when you are able to do so. As medical negligence is an intricate area of Irish law, speaking with a solicitor will ensure that no vital steps are missed during the process.

Once you have contacted a solicitor, they will assist you in compiling all relevant medical information and records in relation to the delay of your diagnosis. This information will then be provided to an independent medical expert who will determine if the original attending medical professional provided you with inadequate care, if the escalation in your symptoms/illness could have been avoided, and whether they are potentially guilty of medical negligence.

If the medical expert determines that their was a breach in the duty of care towards you, your solicitor will then draft a Letter of Claim to the medical practitioner that outlines the nature of your case and an invitation to settle. While the next steps in the process will be determined by the specifics of your case, you can rest assured that your solicitor will be there to guide you through the intricacies and procedures of your delayed diagnosis compensation claim when moving forward.

*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.*

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