Medical misdiagnosis can be in three different forms:
- Incorrect diagnosis- when a patient presents with certain symptoms and a medical practitioner diagnoses it as something completely different to what the patient is in fact suffering with and should have realised this. This can lead to conditions going untreated for significant periods and the patient being in a worse position. Equally if a patient is receiving treatment for a condition they do not have any treatment may in fact have negative effects.
- Delayed diagnosis- can come in many different forms but has the same result that there is an unnecessary delay in working out what the patient is suffering from.
- Partial diagnosis- whereby a practitioner diagnoses the correct illness but does not diagnose the full extent of the illness resulting in the wrong treatment and worsening of the patient’s condition.
In any of these circumstances it may be possible to bring a successful claim for misdiagnosis.
As such, compensation awarded from a misdiagnosis compensation claim is very much dependent on the injury caused as a result of the misdiagnosis. Compensation for this type of claim is designed to try and put the claimant back in the position they would have been in had it not been for the misdiagnosis. For many people the negligence may have had life changing effects that simply cannot be reversed. In these circumstances, the compensation is used to support the claimant and ensure they have the best care and assistance they need.
Compensation is calculated in two parts: general damages and special damages.
General damages are compensation for the pain, suffering and loss of amenity as a result of the injury. Medical reports would be sought from independent medical experts to identify the extent of the injuries a patient has suffered to support this part of the claim.
Special damages are compensation for any past and future financial loss arising as a result of the injury. Special damages include all losses that have been incurred from the date of the injury and any future expenses that may occur. This can include loss of earnings, care costs, medical expenses or the cost of adaptations required to accommodation. This list is not exhaustive and special damages can be very far reaching.
Our team at Davies and Partners Solicitors understand the strain that an error in diagnosis can cause and will undertake careful analysis of your claim to make sure you are compensated fully for not only what you have suffered but any effects the injury may have on your future life.
If you have recently been affected by misdiagnosis you may need to seek legal representation and as such it is vital that you appoint a solicitor with appropriate knowledge and understanding of the injury acquired or developed as a result of the negligence. Davies and Partners has over 25 years of extensive experience in acting for clients who have suffered from medical misdiagnosis. The process of making a claim can seem daunting but here at Davies and Partners our solicitors, who are members of The Law Society and AvMA Panels, have the expertise to help you make a successful claim and seek the compensation you deserve.