Delayed Diagnosis Compensation Claim

Making a delayed diagnosis compensation claim is not a decision many people make easily. When you are ill and visit your doctor, you place your trust in him or her that they will make an accurate diagnosis of your ailment and provide adequate treatment for it. Should they be negligent in that duty and either fail or delay to make a correct diagnosis, this could result in you having serious health issues and entitle you to compensation.

Although it is understandable that doctors are overworked and can get tired – and may have tended to your family´s health for many generations – it should not be you who suffers the consequences when they fail to spot an area of your health in which there is a problem. Compensation claims for a delayed diagnosis are settled by the doctor´s insurance company (or the HSE if the misdiagnosis of an illness or injury occurs in a hospital) and therefore you should have no second thoughts about contacting a solicitor when you have suffered a loss, an injury or the avoidable deterioration of an existing condition due to a delayed diagnosis.

Compensation Claims for a Delayed Diagnosis

One such area where early (and correct) diagnosis is essential is cancer. Because of the way cancer first develops and then spreads through the body, a delayed diagnosis can be fatal. Lung cancer, ovarian cancer and stomach cancer are three diseases that have a much lower mortality rate following a prompt diagnosis. Those diagnosed with ovarian cancer at the earliest stage have a 92.5% five-year survival rate, but this is reduced to 11.6% for those with the most advanced form – when diagnosis may have been delayed.

An injury due to a delayed diagnosis can also occur in the Accident and Emergency Department of your local hospital – where junior doctors work long hours under pressure and with ever-reducing resources. Even though their actions – or lack of action – may result in the delayed diagnosis of an illness or injury, the fault for an oversight may not always be theirs if a radiologist, technician or administrator has made an error elsewhere in the diagnosis process.

These are just two examples of when you may be able to make a delayed diagnosis compensation claim but, as no two compensation claims for a delayed diagnosis are ever identical, you should always discuss the circumstances of your injury due to a delayed diagnosis with an experienced medical negligence solicitor.

Making a Delayed Diagnosis Compensation Claim

When you or a family member has an injury or an illness that has been exacerbated by a delayed diagnosis, in order to make a delayed diagnosis compensation claim you – or a solicitor acting on your behalf – have to show that the delay in the diagnosis was unreasonable and could have been avoided.

Your physician, or the hospital or health centre in which he or she works, may claim that there were circumstances preventing an earlier accurate diagnosis – for example, a failure to attend hospital appointments or a miscommunication of symptoms may be used as a defence against compensation claims for a delayed diagnosis. However, even though your contributory negligence may affect the final value of your claim, it should not disqualify you from making compensation claims for a delayed diagnosis.

Unlike personal injury compensation claims, there is no Injuries Board of Ireland to guide you through a delayed diagnosis compensation claim. Because of their serious – often life-threatening – nature, delayed diagnosis compensation claims are dealt with by a court if they cannot be resolved by negotiation in the meantime. Therefore, it is imperative that as soon as you believe that you have been the victim of delayed diagnosis, you speak with an experienced medical negligence solicitor.

Free Advice for Medical Negligence Cases

We have established a free telephone advice service for anybody who feels that they may be in a position whereby they have suffered the avoidable deterioration of an existing condition or an injury due to a delayed diagnosis. Our helpful solicitors have many years of experience dealing with medical negligence cases such as compensation claims for a delayed diagnosis, and can offer you practical and impartial advice in respect of your rights and entitlement to compensation. The call and the advice are completely free and there is no obligation on you to proceed with a claim thereafter.

Call us now on 1800 989 850 or if you cannot speak now please fill in the form on the left and we will call you back.

Our Promise to You:

  • 100% You will receive one-to-one counsel with an experienced solicitor
  • 100% The service we offer is discrete and confidential
  • 100% All the advice you receive is accurate and up-to-date
  • 100% There is no pressure on you to proceed with a claim

What You Can Expect from a Medical Negligence Solicitor

As mentioned above, we understand that you – or a member of your family – have been through a very traumatic experience on top of a serious illness. All medical negligence cases are different and each wrong diagnosis compensation claim is treated individually.

When you speak with one of our team, you will be asked to go through step-by-step how your injury or illness was misdiagnosed and what has happened since.

We will try to ascertain if there is a sufficiently strong case to make a wrong diagnosis claim for compensation, tell you the likelihood of your success, and how long the process is likely to take. We will add any further advice and information that we believe is relevant and helpful to you.

You are under no obligation to follow our advice or heed any of our suggestions. However, if you subsequently choose to proceed with a wrong diagnosis compensation claim, our solicitor will guide you through the entire process from start to finish.

In some cases, you may have already been approached by representatives of the hospital or medical centre in which you were originally misdiagnosed. All medical practitioners have professional indemnity insurance, and the insurance company may have made an offer of early settlement for your wrong diagnosis compensation claim to prevent it from going to court.

Even if you just contact us to ensure that the offer being made to you is appropriate for the physical and psychological trauma you may suffered, you are welcome to use our service.

Our lines are open twenty-four hours a day, seven days a week, and if it is not convenient for you to call right away on 1800 989 850, please complete your details in our call back box below and one of our friendly team will be back in touch with you later.