When it comes to the health of our children, we trust medical professionals to make accurate and timely decisions. However, tragic cases, such as that of Rian Foley, highlight the devastating consequences of medical misdiagnosis or delays. Recently, Rian, a 13-year-old boy from Cork, settled his case against the Health Service Executive (HSE) for €450,000 after an alleged delay in diagnosing a hip condition left him facing lifelong limitations, including career restrictions. This case serves as a stark reminder of the importance of vigilance and knowing your rights when seeking medical care for your little ones.
This blog is designed to support parents by explaining common forms of misdiagnosis, how to identify potential issues, and what steps you can take if you believe your child has experienced medical negligence.
What is Medical Misdiagnosis?
Medical misdiagnosis occurs when a healthcare professional fails to identify an illness, incorrectly identifies the condition, or delays making a diagnosis. This can lead to incorrect or delayed treatment, often resulting in long-term harm to the patient. Misdiagnoses in children are particularly concerning because early medical intervention is often critical to their development and long-term health.
Three Common Types of Misdiagnosis
- Incorrect Diagnosis
This occurs when a doctor diagnoses a condition that the patient does not have, leading to unnecessary or harmful treatment. For example, a fracture missed during an X-ray may be treated as a sprain, worsening the injury.
- Failure to Diagnose
This refers to completely missing a health issue during the diagnostic process, often ignoring symptoms that require further investigation.
- Delayed Diagnosis
A delay in identifying a condition leads to worsening symptoms or irreversible damage. This occurred in Rian Foley’s case, where a delay in diagnosing developmental hip dysplasia resulted in preventable surgeries and long-term limitations.
Rian Foley’s Case: A Lesson in the Impact of Delayed Diagnosis
Rian Foley’s case involved an alleged two-year delay in diagnosing hip dysplasia. X-rays at six weeks old were reportedly misinterpreted, and it wasn’t until years later during a routine check that the abnormality was identified. During this time, his untreated condition led to severe and irreversible damage that required surgery and immobilisation in a cast and brace. The High Court heard that if the condition had been diagnosed earlier, much of the harm Rian suffered could have been prevented.
The settlement for this medical negligence claim included compensation for loss of opportunities, as Rian will no longer be able to pursue careers in law enforcement or the military.
This case underscores the importance of timely and accurate diagnoses, particularly in young patients for whom every month of delayed treatment can significantly impact their health outcomes.
How to Identify Medical Misdiagnosis
As a parent, it can be overwhelming to question the care your child is receiving. Here are some signs that might indicate misdiagnosis or negligence has occurred:
- Persistent or worsening symptoms despite treatment.
- A lack of informed discussion about possible diagnoses, tests, or treatments.
- If your instinct tells you the medical advice provided seems incomplete or incorrect.
- Delays in receiving test results or a complete lack of follow-up care.
If any of the above apply, consulting a second opinion or a legal expert in medical negligence is essential.
Steps to Take if You Suspect Medical Negligence
Should you encounter a situation like Rian Foley’s, here’s how to begin addressing it:
1. Consult a Medical Specialist
Seek a second opinion from another qualified medical professional. This can help you better understand your child’s condition and clarify whether any prior errors were made in their diagnosis or treatment.
2. Document Everything
Keep detailed records of appointments, prescriptions, test results, and conversations with medical staff. Your documentation will be crucial in understanding your child’s care history.
3. Talk to a Medical Negligence Solicitor
Specialised medical negligence solicitors, such as those at HOMS Assist, can review your case and help outline your next steps. Their expertise can make a significant difference in securing justice and compensation for your child’s hardship.
4. Request Your Child’s Medical Records
Under data protection laws, you’re entitled to obtain a copy of your child’s medical history. These records often form the backbone of a medical negligence claim.
5. File a Claim
If your legal team determines medical negligence has occurred, they will help you formally file a claim. Compensation can help cover medical costs, rehabilitation, adaptations to your home, and other expenses related to the impact on your child’s life.
Why Seeking Justice is Important
Medical negligence claims are challenging and emotional, but they are also critical in promoting accountability within healthcare systems. Achieving justice also provides financial support for ongoing care, therapy, and other needs your child may require as a result of negligence.
Rian Foley’s case not only provided financial relief for his future care but also serves as a reminder to healthcare providers about the consequences of diagnostic errors. By pursuing justice, his family highlighted the need for better diagnostic accuracy to prevent other children from enduring similar experiences.
How HOMS Assist Can Support You
With over 55 years of experience and a nationwide team of skilled solicitors, HOMS Assist specialises in medical misdiagnosis and negligence claims. When you work with us, you receive compassionate, expert support to guide you through every stage of your case.
Our expertise includes:
- Reviewing medical records.
- Consulting with medical experts to identify negligence.
- Representing families seeking justice for delayed or incorrect diagnoses.
We’ve worked with parents whose children faced challenges like birth injuries, delayed treatments, and undiagnosed conditions. From filing claims to securing life-changing settlements, we are committed to supporting your family with professionalism and empathy.
You should never have to suffer alone when it comes to your child’s health. We are here to help.
Supporting Family Resilience After Medical Negligence
The emotional and physical toll of medical misdiagnosis is profound. Families must adapt to unexpected challenges while advocating for their child’s future. Rian Foley’s family showcased resilience and determination in securing justice, helping inspire other families in similar situations.
If you suspect your child has experienced medical negligence, don’t hesitate to reach out for professional advice. We at HOMS Assist are here to listen, help you explore your next steps, and fight for the justice your family deserves.
Contact Us Today
If you are concerned about your child’s diagnosis or treatment, our experienced team at HOMS Assist is available to provide confidential and compassionate advice. Reach out today to discuss your case.
