Can I make a doctor misdiagnosis compensation claim because my doctor diagnosed me with a heavy cold but I was later found to be suffering from pneumonia?
Whereas your explanation of the events would make it seem clear that a medical mistake has been made – and that you should be entitled to make a doctor misdiagnosis compensation claim – claims of this nature are unfortunately a little more complicated.
In order to make a compensation claim for a doctors misdiagnosis, it has to be demonstrated both that “at the time and in those circumstances” your doctor was negligent in his diagnosis of your condition and that you suffered an injury or the deterioration of your health as a result.
Inasmuch as you obviously experienced a deterioration of your health as it was later discovered that you were suffering from pneumonia, could it have been that the symptoms of your pneumonia were so insignificant “at the time” that any competent doctor would have made the same mistake as yours?
In order to determine the answer to that question, the services of a medical expert would be engaged by a solicitor acting on your behalf to review your relevant medical history and ascertain whether or not the misdiagnosis given to you by your doctor represented a poor professional performance.
If this is the case, and you experienced a considerable deterioration in your health – not just an uncomfortable week between the original misdiagnosis and the correct identification of your illness – you will be able to make a doctor misdiagnosis compensation claim.
The process for making a compensation claim for a doctors misdiagnosis is that your solicitor will send a Letter of Claim to your doctor advising him or her that a doctor misdiagnosis compensation claim is being made against them and providing your doctor with evidence in support of your claim.
Should the doctor acknowledge his or her liability for the deterioration of your condition, your doctor – or more frequently the medical insurers for the clinic he is attached to – will be invited to make an offer of compensation for a doctors misdiagnosis.
At the same time, your solicitor will be calculating how much compensation for a doctors misdiagnosis you should receive based on the extent of the deterioration in your health and the consequences the misdiagnosis made to your quality of life. Provided that the insurance company´s offer and your solicitor´s calculations are close to each other, your claim for a doctors misdiagnosis should be resolved quickly and easily.
Your doctor misdiagnosis compensation claim should also account for any expenses you have incurred which are directly attributable to your doctor´s misdiagnosis so that you are no worse off financially than if your misdiagnosis had ever happened. Therefore, any costs for a medical expert and solicitor to pursue your claim for a doctors misdiagnosis can also be recovered.
As there are legal time limits enforced on how long you have to make a doctor misdiagnosis compensation claim, it would be in your best interests to speak with an experienced medical negligence solicitor at the first possible opportunity.