A trip to the doctor or hospital is daunting enough at the best of times, but when things go wrong it can be devastating.
For the most part, the health experts get things right, but on occasions a medical misdiagnosis can occur with serious repercussions for those involved.
At Browell Smith & Co, we have a team of legal experts who can guide you through this complex area of law to ensure we get the best result for you.
There are two main types of medical misdiagnosis.
The first is where a condition is completely undiagnosed, for example a patient visiting their GP with health problems over a period of time and the GP fails to diagnose the illness.
The second is where an incorrect diagnosis is made, for example a fracture being diagnosed as a sprain or a person being told they have cancer when in fact they don’t.
Common examples of medical misdiagnosis for which our clients seek advice are:
• Doctors failing to investigate symptoms of serious illness – you may have been to the doctors on a number of occasions with the same symptom, a persistent cough for example, but the GP does not take your symptoms seriously enough and send you away with antibiotics for a chest infection.
• Doctors failing to perform tests to exclude illness or injury – if a healthcare professional believes that the symptoms you are experiencing may be caused by bowel cancer, they have a duty to make sure that the tests for bowel cancer are carried out.
• Misreporting of scans, smears or biopsies – your doctor may misinterpret the results of your scan. They may tell you that you disease is either more advanced or less advanced than it really is
• Failure to diagnose –life threatening illnesses such as meningitis or sepsis.
Whatever your medical misdiagnosis concern, you can be assured that at Browell Smith & Co we have the appropriate expertise to ensure you, or your loved ones, recover the compensation you deserve.
As with all claims for personal injury compensation there are time limits within which a claim must be lodged with the Court.
For accident claims, court proceedings must be started within three years from the date of your accident.
For occupational disease cases Court proceedings must be started within three years from the date when you first had reasonable grounds to believe that you may be suffering from a condition which has been caused by a third party. This may be your employer or it could be another organisation with whom you worked or who operated a premises close by.
In the event that court proceedings are not started within three years from the relevant date, the negligent party may be able to escape paying compensation on the basis that your claim is out of time.
The law surrounding the time limits for industrial disease compensation is extremely complex and issues will differ from case to case, particularly when seeking compensation on behalf of a former family member. It is not always necessary to have a firm diagnosis from a medical practitioner for the time limit to commence. In these circumstances you seek legal advice from a specialist as soon as you experience symptoms which you believe may have been caused by a third party.
The Browell Smith & Co app is the perfect app to have on your phone in case you have been the victim of a personal injury.
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