Errors Made In Medical Treatment Misdiagnosis
Posted: Wednesday, November 11, 2009
by Jonathan Blood Smyth
Patients place great trust in their doctors to handle their case in the correct manner, to the highest standards possible. There is confidence that the medical records will be examined, the correct tests will be run on the patient, and that the patient will be diagnosed accordingly. Often with little experience themselves; it is satisfying to know that they are in great hands. People are correct in trusting their doctors, as the majority of the time, the correct treatment is given and the process runs smoothly to the patient's satisfaction. However, on occasion doctors have been known to misdiagnose a patient, resulting in great distress for the patient. In these cases, it can be possible to bring a claim for medical negligence.
Misinterpretation of the patient's medical records
Misinterpretation of the patient's medical records
Failure to diagnose a condition or illness (such as cancer)
Failure to respond to test results
Failing to respond to test results or misinterpreting them, are clear signs of medical negligence. The doctor owes a duty of care to their patient, in ensuring that the patient is diagnosed correctly, and that the correct form of tests are carried out sufficiently in order to establish what is wrong with the patient, and establishing the best form of treatment for the patient. Although inexcusable, if the patient's case is not so serious, the doctor's error may not prove to be highly harmful to the patient. However, in serious cases, such as failure to diagnose cancer, it could lead to the death of the patient. In some situations the patient may have been diagnosed with cancer when they do not even have it. Of course this would cause great distress and anxiety to the patient for no reason at all.
How to make a claim for medical compensation
Regrettably a large proportion of people every year are either misdiagnosed, or undiagnosed as a result of medical negligence. In some cases, a careless mistake on the part of the doctor can prove to be fatal for the patient. For a patient to make a claim, certain factors will need to be considered. In some cases, the doctor would have made an obvious error, which resulted in the injury to the patient. However, other cases may not be so clear cut. Therefore, the fundamental question that will be asked will be, what would the outcome have been had the patient received the correct diagnosis initially?
In English Law, the real test is whether earlier treatment had a better than 50% chance of succeeding. As this test is quite stringent, it can produce some harsh results. However, if you have suffered pain and suffering as a result of misdiagnosis, that would not have occurred had the initial diagnosis been correct, you may be entitled to claim for compensation. Our expert clinical negligence solicitors will assess your case on its own merit, and inform you of the best way to handle your case.
Ayesha Salim , editor of the UK Lawyers Network, writes articles about compensation claims, Lawyer, accident compensation, find a solicitor, legal, lawyer, law help advice, solicitors litigation
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