Medical misdiagnosis can have life-altering consequences, and in some cases, it may constitute medical negligence. Knowing your rights as a patient and understanding when a misdiagnosis amounts to negligence is essential for pursuing justice. This guide will explain the key aspects of medical misdiagnosis, medical negligence, and your options for making a claim, optimised for the key SEO terms medical negligence, medical misdiagnosis, and misdiagnosis claims.
What Is Medical Misdiagnosis?
A medical misdiagnosis occurs when a healthcare professional provides an incorrect, delayed, or missed diagnosis despite receiving the necessary information to assess the patient’s condition accurately. There are three primary forms of misdiagnosis:
- Incorrect Diagnosis – Occurs when the patient is diagnosed with a condition they do not have, leading to inappropriate or unhelpful treatment.
- Delayed Diagnosis – Happens when the correct diagnosis is eventually made but with a significant delay, potentially worsening the patient’s health.
- Failure to Diagnose – Refers to complete oversight of a patient’s condition despite observed symptoms and available medical evidence.
These diagnostic errors arise from factors such as misinterpretation of test results, failure to assess symptoms thoroughly, overreliance on assumptions, or an inadequate review of a patient’s medical history.
When Does a Misdiagnosis Amount to Medical Negligence?
Not all cases of misdiagnosis qualify as medical negligence. For a misdiagnosis to be deemed medical negligence, the following criteria must be met:
- Breach of Duty of Care – A healthcare provider must have failed to meet the standard of care expected of a competent professional in similar circumstances.
- Causation – It must be proven that this breach was the direct cause of additional harm, suffering, or injury to the patient.
- Demonstrable Harm – The patient must have experienced tangible damage, such as worsened health outcomes, prolonged treatment, or unnecessary medical expenses.
Healthcare professionals hold a duty of care toward their patients. When this duty is breached due to misdiagnosis or a wrong diagnosis, and the patient suffers harm as a result, they may have a valid case for a medical misdiagnosis claim.
Common Examples of Medical Misdiagnosis Leading to Negligence
Certain conditions are prone to being misdiagnosed or delayed in detection, which can result in serious consequences. Common types of medical negligence misdiagnosis include:
- Cancer: Missed or delayed cancer diagnoses, such as bowel, breast, or cervical cancer, can reduce survival rates and limit treatment options.
- Strokes: Failing to identify early symptoms of a stroke can cause devastating long-term effects.
- Diabetes: Delayed diagnosis can lead to complications like blindness, kidney failure, or amputations.
- Meningitis: Misdiagnosing or delaying treatment for meningitis can result in lasting health damage or, tragically, death.
- Ectopic Pregnancy: Incorrectly diagnosing an ectopic pregnancy as a miscarriage may result in unnecessary medical complications.
- Epilepsy: Misdiagnosis may delay effective treatment, leading to avoidable episodes and suffering.
- Broken Bones: Undetected fractures may worsen, leading to further injury or improper healing.
If you’ve experienced a misdiagnosis that has negatively impacted your health, seeking advice from a medical negligence solicitor can help protect your rights and explore compensation options.
Time Limits for Medical Negligence and Misdiagnosis Claims
Legal action for medical negligence wrong diagnosis is governed by strict time limits under the Statute of Limitations. Generally, you must file your claim no later than two years minus one day after the negligent act occurred or the date you became aware of the negligence (known as the “date of knowledge”).
Exceptions:
- Children – Claims can typically be made up to two years after the child’s 18th birthday by the individual themselves if no claim was previously made on their behalf.
- Individuals with Intellectual Impairments – Time limits may also be extended where intellectual impairments are present.
Contacting a solicitor as soon as possible ensures you don’t lose the opportunity to pursue your case.
Making a Misdiagnosis Medical Negligence Claim
A strong claim for misdiagnosis medical malpractice requires robust evidence. Key steps include:
- Establishing Duty of Care: Proving the healthcare provider was responsible for the patient’s care.
- Demonstrating Breach of Duty: Highlighting where the care provided fell below the required standard.
- Proving Causation: Establishing how the misdiagnosis caused harm to the patient.
At HOMS Assist, our solicitors simplify this process by obtaining medical records and consulting with expert witnesses to determine whether negligence occurred.
What Can Compensation Cover?
Successful misdiagnosis claims can result in compensation categorised as:
- General Damages – For physical, emotional, and psychological suffering caused by the misdiagnosis.
- Special Damages – To cover out-of-pocket expenses, such as lost earnings, medical bills, travel costs, and necessary rehabilitation services.
These damages aim to address the consequences of medical negligence and support the patient’s recovery and future.
Why Choose HOMS Assist?
With over 55 years of experience in handling medical negligence cases, HOMS Assist are trusted experts in supporting patients’ rights. From assisting with medical negligence misdiagnosis cases to advocating for justice, our nationwide team offers compassionate guidance and legal expertise throughout Ireland.
Contact us today to discuss your case and take the first step toward justice. Our experienced team is here to assist you with empathy and professionalism.
