Failure to Diagnose Compensation Claim

The failure of a physician to diagnose a disease or medical condition when having the skill to do so constitutes negligence and a patient who suffers an injury or the deterioration of an existing condition as a result should be entitled to make a failure to diagnose compensation claim.

Making a failure to diagnose compensation claim is not as simple as pointing a broken finger at your family doctor and claiming that he had failed to notice it. The delay or omission in correctly diagnosing your medical condition has had to have caused some subsequent injury, and it has to be shown that it was both avoidable and directly connected to the initial failure to diagnose.

Establishing Negligence in Claims for a Failure to Diagnose

Establishing negligence in claims for a failure to diagnose is also not straightforward. Whereas it many cases it may have been the diagnosing physician who made an error, a mistake could have been made by a laboratory technician, an administrator or a radiologist who failed to position the patient in such a manner that fracture was clear to see.

Because of a potential grey area surrounding who was actually to blame for the failure to diagnose, the Injuries Board will decline to act on applications for the assessment of damages in compensation claims for a failure to diagnose and you will need to engage the services of a solicitor to make a failure to diagnose compensation claim.

Starting a Failure to Diagnose Compensation Claim

The process of starting a failure to diagnose compensation claim is that you would first speak with the solicitor. He or she would listen as you explain why you went to see a doctor, what his original diagnosis was and how much later you discovered that the original doctor had made a mistake (and how the mistake was discovered).

If the solicitor feels that you have a compensation claim for the failure to diagnose an illness or injury, he or she will then make a formal request for your medical notes and have them reviewed by an independent medical expert. Should the expert confirm that an avoidable injury or the deterioration of an existing condition due to a failure to diagnose by your doctor, the medical expert will provide your solicitor with the evidence of negligence to support a compensation claim for the failure to diagnose.

Resolving a Compensation Claim for the Failure to Diagnose

The length of time it takes to resolve a compensation claim for the failure to diagnose an injury or an illness will depend on the nature of the misdiagnosis and the effect it has had on your physical wellbeing and quality of life. A solicitor will send a ‘Letter of Claim’ to the negligent party (it could be an individual medical practitioner, a hospital or private clinic) and, once negligence is acknowledge, your solicitor will enter into discussions with the relevant insurance party to obtain the maximum possible settlement of your failure to diagnose compensation claim.

Only if the negligent party denies their liability for your injury, or if no suitable settlement of your compensation claim for the failure to diagnose can be negotiated will court action be necessary – but this is an exception rather than an option, and should court action be unavoidable, your solicitor will explain to you the procedures and any additional costs that may be involved.

Free Advice about Claims for a Failure to Diagnose

If you or somebody close to you has suffered an injury or the deterioration of an existing condition due to a misdiagnosis, the failure to diagnose or a delayed diagnosis, and you would like to discuss your specific situation with a legal expert, you are invited to call our Medical Negligence Helpline on 1800 989 850.

Our service is operated day and night – seven days a week – and will enable you to receive practical and impartial advice about making a failure to diagnose compensation claim with no pressure on you to proceed with a claim for a failure to diagnose if you choose not to when you speak with us.

Our Promise to You:

  • 100% Our service is free and without obligation
  • 100% You will receive one-to one private counsel
  • 100% The advice offered is accurate and up-to-date
  • 100% We respect your privacy and confidence in us

What You May Expect When You Request Advice

Our service has dealt with many people naturally upset about what has happened to them. We understand that this has been a very traumatic event, and have respect for your feelings and always treat you with courtesy.

We find that asking you to start from the beginning, and explaining what has happened to you is usually the best way of developing a clear picture of what has occurred, and it helps us determine whether there is a strong enough case to make a failure to diagnose compensation claim which is worth your while to pursue.

If we believe that there is, we will offer you several options about going forward with a claim – none of which you are obliged to follow –and advise you of the procedures involved and how long the process is likely to take.

You are more than welcome to take as much time as you need before arriving at a decision. However, please be aware that there is only a period of two years between your “date of knowledge” that there has been a failure to diagnose and when the ‘Letter of Claim’ has to be sent to the negligent party.

As preparing a case for a failure to diagnose compensation claim may take a little time to construct, it is in your best interests to call us at your earliest convenience and speak with one of our experienced solicitors on 1800 989 850